Federalism Chapter 3
What is Federalism? Federalism: a system of divided and shared powers by the national and state governments. In the U.S., the Constitution divides power between the federal government and the states.
The Division of Powers Powers can be: exclusively federal shared by both federal and state (concurrent) exclusively state
Federal Powers Expressed Powers (aka Enumerated Powers): 17 specific powers expressly granted to Congress under Article I, Section 8, of the U.S. Constitution. These powers include: 1. Taxation 2. Coinage of money 3. Regulation of interstate commerce 4. Declare war
Federal Powers Implied Powers: Powers of the federal government that go beyond those enumerated in the Constitution. Implied powers are not expressly stated in the Constitution, but are reasonably suggested, or implied by, the enumerated powers.
Federal Powers Elastic Clause (aka Necessary and Proper Clause): the final paragraph of Article I, Section 8, of the Constitution which authorizes Congress to pass all laws “necessary and proper” to carry out the expressed powers.
State Powers Tenth Amendment (aka reserved powers): “The powers not delegated to the United States by the Constitution, nor prohibited by it (the Constitution) to the states, are reserved to the states respectively, or to the people.”
State Powers Purpose of the Tenth Amendment: to limit the powers of the federal government over the states by establishing reserved powers for the states (and individuals)
State Powers The scope of the reserve powers of the states (also known as police powers) is extensive: Each state has the power to regulate the health, safety, welfare and morals of its citizens. Each state has the power to define and regulate private property.
State Powers States are responsible for most public policy dealing with each of the following issues: 1. Health issues (e.g. childhood vaccinations) 2. Safety issues (e.g. speed limits) 3. Welfare issues (e.g. drinking age) 4. Moral issues (e.g. marriage and divorce, sexual behavior)