A protection of Liberty against Tyranny

RESERVED POWERS DELEGATED POWERS CONCURRENT POWERS Implied Powers Inherent Powers Powers delegated to the Federal Government Powers shared by both the Federal and State Governments Powers reserved to the State Governments

 DELEGATED (EXPRESSED, ENUMERATED): ACTUALLY LISTED IN THE CONSTITUTION (ESPECIALLY ARTICLE I, SECTION 8)  IMPLIED: NOT STATED, SUGGESTED IMPLICITLY. STEMS PRIMARILY FROM THE “NECESSARY AND PROPER CLAUSE.” (“Elastic Clause”)  INHERENT: NOT STATED, BUT GENERALLY HELD TO BE THE PEROGATIVE OF ANY SOVEREIGN GOV’T.

 AMENDMENT 10  EXAMPLES: ESTABLISHING VOTING REQUIRMENTS, RUNNING ELECTIONS, LICENSING PROFESSIONALS, PROTECTING COMMUNITY HEALTH, ESTABLISHING A VEHICLE CODE

 GRANTED TO CONGRESS, BUT NOT DENIED THE STATES  HELD BY BOTH NAT’L AND STATE GOV’TS  EXAMPLES: TAXING, BORROWING, ESTABLISHING COURT SYSTEM, ESTABLISHING LAW ENFORCEMENT AGENCIES

 NATIONAL GOV’T SUPREME IN CASE OF CONFLICT (SO LONG AS THE FEDERAL LAW IN QUESTION IS CONSTITUTIONAL).  QUESTIONS OF FEDERAL V. STATE AUTHORITY DECIDED BY COURTS

DUAL FEDERALISM  PREVALENT THROUGH 1937  STATE AND NAT’L GOV’TS EACH REMAIN SUPREME  POWERS AND POLICY ASSIGNMENTS OF THE LAYERS OF GOV’T DISTINCT, AS IN A LAYER CAKE.

 PREVALENT SINCE 1937 COOPERATIVE FEDERALISM  MINGLING OF RESPONSIBILITIES BETWEEN THE STATE AND NAT’L GOV’T  SHARING OF POLICY AND POWER ASSIGNMENTS AS IN A MARBLE CAKE