Federalism: The Division of Power The question of the relation between the states to the federal government is a cardinal question of our constitutional system - Woodrow Wilson

Dividing Government Power After much debate, the Framers designed a federal system that they hoped would strengthen the national government and protect states’ rights. The Constitution divides power between two levels of government: national and state governments. The Constitution delegates certain powers to the national government.

Government Powers (Division of Powers) National Government State Government Powers Granted Powers Denied Delegated Powers Reserved Powers Concurrent Powers Expressed Implied Inherent 10 th Amendment Denied National Denied States Denied Both

Government Powers (Division of Powers) National Government Powers Granted Delegated Powers Expressed Implied Inherent Expressed: Spelled out in the Constitution Article I, Section clauses giving 27 powers Tax Coin money Regulate trade Declare war Grant patents

Government Powers (Division of Powers) National Government Powers Granted Delegated Powers Expressed Implied Inherent Implied: Not written in Constitution, but reasonably suggested Article I, Section 18, Clause 18 “necessary and proper” The Elastic Clause Build dams Highways & roads Determine crimes

Government Powers (Division of Powers) National Government Powers Granted Delegated Powers Expressed Implied Inherent Inherent: Not written in Constitution, but belong to national governments Regulate immigration Grant diplomatic recognition to nations Protect the nation

Government Powers (Division of Powers) National Government Powers Denied Denied National Denied: Expressly denied: Infringe on rights (speech, press, etc.) Silence in Constitution: Only has delegated powers Denied in Federal System: Can’t tax states

Government Powers (Division of Powers) State Government Powers Granted Reserved Powers 10 th Amendment Reserved Powers: 10 th Amendment Not granted to Federal, but not denied to states. Legal marriage age Drinking age Professional license Confiscate property The power of the state to protect and promote public health, the public morals, the public safety, and the general welfare.

Government Powers (Division of Powers) State Government Denied States: Constitution denies certain powers to state, because they are NOT a federal government. Make treaties Print money Deny rights to citizens Denied States Powers Denied

Government Powers (Division of Powers) National Government State Government Powers Granted Powers Denied Concurrent Powers Denied Both Concurrent: Both States and National have these powers May be exercised separately and simultaneously Collect taxes Define crimes Condemn or take private property for public use

Government Powers (Division of Powers) National Government State Government Powers Granted Powers Denied Concurrent Powers Denied Both Denied Both: Both States and National have been denied these powers Violate rights of citizens

Government Powers (Division of Powers) National Government State Government Powers Granted Powers Denied Delegated Powers Reserved Powers Concurrent Powers Expressed Implied Inherent 10 th Amendment Denied National Denied States Denied Both EXCLUSIVEEXCLUSIVE

The Supremacy Clause (Article VI, Section 2) City and County Laws State Statues (laws)State ConstitutionsActs of CongressUnited States Constitution The U.S. Constitution is the “Supreme Law of the Land.” If there is a conflict between a lower law and a higher one, the higher one “wins.”