Division of Power between the National Government and the States Federalism Division of Power between the National Government and the States

Delegated Powers (Exclusive) Those Powers given to the National Government granted to it in the Constitution Three Types……

Delegated Powers Expressed or Enumerated – Actually spelled out in the Constitution Article I Section 8 Powers to Congress Article II Section 2 Powers to President Powers can also be in an amendment (16th )

Delegated Powers Implied – Not specifically said, but “implied” through expressed powers (Through “other” words) *Article I Section 8: The “necessary and proper” clause (also called elastic clause)

Delegated Powers Inherent – Powers that are naturally given to a sovereign nation’s government which are not already listed; or a power given through the office. (president can fire cabinet members)

Powers DENIED the Federal Government Denied through Constitutional silence; government only has power to do what the Constitution says

Expressed Denied? Article I Section 9 Suspension of Habeas Corpus (Held w/o reason) Lawmakers cannot pass Bills of Attainders (guilt w/o trial) No titles of nobility No Ex Post Facto Laws

State Power 10th Amendment: The powers not delegated to the United States by the Constitution …..are reserved to the States respectively

State Power Reserved Powers: NOT granted to Federal government and not denied to the states All but one of states’ powers are from constitutional silence

Only “Expressed” state power: Regulation of the manufacturing, the selling of and the consumption of alcohol.

Powers DENIED the States Denied Expressively – word for word (Article I Section 10) Denied Inherently – we have a federal system

Powers to BOTH? YES! CONCURRENT Powers Taxing, punishing criminals to name two.

Judicial Branch’s Role Remember…..the Supremacy Clause (Article 6) Courts serve as umpire between the states and the Feds on Article 6

Concurrent – Expressed! **Collect Taxes** National, State or Concurrent? Concurrent – Expressed! *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign)

**Build Interstate Highways** National, State or Concurrent? National – Implied! *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign)

**Regulate Immigration** National – Inherent! National, State or Concurrent? *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign)

**License Professionals** State – National, State or Concurrent? *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign)

National – Expressed **Make Treaties** *Expressed? (word for word) National, State or Concurrent? *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign)

**Maintain Armed Forces** National – Expressed National, State or Concurrent? *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign)

National – Expressed **Declare War** *Expressed? (word for word) National, State or Concurrent? *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign)

National – Inherent **Deport Aliens** *Expressed? (word for word) National, State or Concurrent? *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign)

**Prohibit racial discrimination in restaurants** National – Implied National, State or Concurrent? *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign)

**Set Up Public Schools** State – National, State or Concurrent? *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign)

**Punish for Crimes Committed** Concurrent – Implied National, State or Concurrent? *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign)

National – Expressed **Coin (make) Money** *Expressed? (word for word) National, State or Concurrent? *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign)

**Regulate Sale and Consumption of Alcohol** State – Only Expressed National, State or Concurrent? *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign)

**Regulate Interstate Commerce** National – Expressed National, State or Concurrent? *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign)

**Regulate Casino Gambling** State – National, State or Concurrent? *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign)

**Acquire Territory** National –Inherent National, State or Concurrent? *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign)