National and State Powers

National Powers

Constitution grants the national government delegated powers.

Three types of powers the national government has:

Expressed Powers

Implied Powers

Inherent Powers

Expressed Powers

Are directly expressed powers stated in the Constitution.

Other name for powers: Enumerated Powers

Example: the authority to levy and collect taxes, coin money, make war, raise an army and navy, and to regulate commerce among states.

Implied Powers

National government requires these to carry out the expressed powers defined in the Constitution.

Not specifically listed in Constitution.

Importance: Helped National Government strengthen and expand its authority to meet many problems the Founders couldn’t foresee.

Necessary and proper clause: Basis for Implied powers

Also known as the Elastic Clause

Inherent Powers

Powers that the National Government may exercise simply because it is a government.

Powers not spelled out in the Constitution.

Examples:

Control of immigration

Diplomatic relations

States Powers Constitution reserves powers

just for states called Reserved Powers

10th amendment grants states these powers.

States have rights to exercise any power not delegated to national government.

Ex: Public school system, establish local governments, require licenses for professions.

When States Exceed Powers

Constitution is supreme law of the land

Supremacy Clause

No state law or state constitution may conflict with any form of national law.

National and State officials and judges are bound by the Constitution.

National and State Powers

Concurrent Powers: Both the State and National Governments have them

Examples: Powers to tax, maintain courts and define crimes, appropriate private property for public use.

States may exercise any power not reserved by the Constitution but their actions must not conflict with any national laws.

Denied Powers

Constitution specifically denies some powers to ALL LEVELS of government

National denied powers: can’t tax exports, can’t interfere with ability of states to carry out their responsibilities

States denied powers: Can’t make treaties/ alliances with foreign government, coin money, make any laws impairing the obligation of contracts, or grant titles of nobility

These powers are around to keep sovereignty of the people

Guarantees to the States

Constitution makes the National Government do three things for States.

1. Republican form of Government Congress allows senators/ representatives

from a state take their seats in Congress

2. Protection National government must protect from

invasion and domestic violence

3. Territorial Integrity National government can’t use territory

that is already apart of an existing state without permission from legislature

Process of Admission of New States

Congress has power to admit new states through the Enabling Act

1. Signed by the president, territory starts to prepare a constitution.

2. That Constitution must be approved by popular vote then it is sent to Congress.

3. If Congress agrees on constitution the act will than be passed.

4. Territory then becomes a State

Conditions for Admission

Congress or the president may impose certain conditions before admitting new state.

Supreme Court has ruled this is Constitutional only when state is being admitted.

Once Admitted to the Union every state is EQUAL

Judicial Branches Role

Settles any conflicts between National and State Governments.

National government is supreme ruler of this land

Supreme Court umpires for our federal system.

Example: McCulloch v. Maryland