Federalism
Division of Power
Federalism
Our government is split between
one large national government and
50 smaller state governments.
Delegated Powers
Constitution specifically grants
these powers
Three types: expressed, implied,
inherent
A. Expressed Powers
Written in the Constitution
Example—Congress coins money,
power to collect taxes, power to
declare war
B. Implied Powers
Not expressly stated, but reasonably implied
(Necessary and Proper/Elastic Clause)
Elastic clause—laws that are “necessary
and proper” for carrying out their duties—
allows Congress to stretch their powers
Example—Congress has the power to
collect taxes (expressed) therefore they
have the power to create the IRS and
punish tax evaders (implied) See chart on
page 308
C. Inherent Powers
Exist just because the national
government is a government of a
sovereign state
Examples-power to regulate
immigration, power to acquire
territory
Exclusive Powers
Powers set aside specifically for the
Federal/National government
Examples: Declare war, coin
money
Reserved Powers
Powers held only by the states
Example—states may decide how
old a person must be to get
married, states can require certain
professions have licenses, establish
public schools
Concurrent Powers
Powers shared by the national
government and state governments
Example—collecting taxes, power to
define crimes and punish them,
take private property for public use
Supremacy Clause
If there is a conflict between the
state constitution and the national
constitution, the state constitution
must give way.
Determined in McCulloch v.
Maryland
4 Benefits of Federalism
Federalism protects against tyranny
of the majority
Federalism promotes unity without
imposing uniformity—states can
pass laws to meet the needs of their
own citizens while remaining part of
the union
Benefits of Federalism cont.
Federalism creates “laboratories” for
policy experiments—if one state
tries something and it works, others
states may follow suit
Federalism encourages political
participation—citizens can
participate close to home, don’t
have to go to nation’s capital
Dual Federalism v. Cooperative
Federalism
Dual Federalism-layer cake
Cooperative federalism-marble cake
See page 106 in Government Alive