The Federal System

NATIONAL AND STATE POWERSSection One

Key Terms1. Delegated powers2. Expressed powers3. Implied powers4. Elastic clause5. Inherent powers6. Reserved powers7. Supremacy clause8. Concurrent

powers9. Enabling act

The Division of Powers

• The Constitution divided government authority by giving the national government certain specified powers and reserving all other powers to the states or to the people.

• Federalism- division of government

The Constitution grants three types of power to the national government: Expressed, implied, and inherent powers. These three are known as delegated powers, powers the Constitution grants or delegates to the national government.

The expressed powers are those powers directly expressed or stated in the Constitution by the Founders. These are sometimes referred to as enumerated powers.

Levy and Collect taxes

Make Money

Declare War

Implied Powers are derived from the necessary and proper clause or the elastic clause in the Constitution. These powers are required to carry out the expressed powers that are defined in the Constitution.

Those powers that the national government may exercise simply because it is a government are its inherent powers.

For example: Even though it is not in the Constitution, the national government has the power to control immigration and establish diplomatic relation with other counties. Why? Because who else is going to do it…your grandma!

The Constitution also reserves certain powers strictly to the states. These are known as reversed powers.

• Regulate intrastate commerce• Establish local government systems• Administer elections• Protect the publics health, welfare, and morals.

WHAT HAPPENS WHEN STATES EXCEED THEIR RESERVED POWERS AND PASS LAWS THAT CONFLICT WITH NATIONAL LAWS?

Question

A: The national Government wins, Why? The Supremacy Clause in the Constitution

Concurrent Powers

• The federal government and the states also have certain concurrent powers, those powers that both governments share.

• Levy taxes• Borrow money• Spend for general

welfare• Establish courts• Enact and enforce laws

RELATIONS AMONG THE STATES Section Two

Interstate Relations

1. Full Faith and Credit Clause, which means to respect the laws, records and court decision of the other states.

2. All the citizens have the same privileges and immunities

3. Extradite-send back criminals to the state they fled from.

Constitutional Provisions

• The expansion of the national government’s powers has been based on three major constitutional provisions

1. War Powers

2. Commerce Power– Commerce means nearly all

activities concerning buying, selling, and transporting of goods.

3. Taxing Power– Income tax is a major

source of funding for the national government (16 Amendment)

Full Faith and Credit Clause

• This means that all CIVIL LAWS in a state must be accepted by all the other states. Not criminal laws.

• Ex. If a car is registered in Missouri, than it is in the 49 other states. Why do we need this clause?