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  10 th 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