1. For American Federalism
Constitutional Basis
For American Federalism

2. Term federal system not in the United States Constitution
No systematic division of governmental authority
Constitution sets out different types of powers:
Powers of the national government
Powers of the states
Prohibited powers
Federal System

3. Powers of the National Government
Enumerated or expressed powers found in Article I, Section 8 of Constitution
Coining money, naturalization laws, admitting new states, declare war…
Implied powers based on the Necessary and Proper Clause
Power to do whatever necessary to carry out expressed powers
Powers of the National Government

4. Necessary and Proper Article I, Section 8 –
“..to make all Laws which shall be necessary and proper for carrying into Execution the foregoing powers,…”
Sometimes called the elastic clause
First defined in McCulloch v. Maryland
used to strengthen the scope of Federal authority to meet the problems facing the nation.
Necessary and Proper

5. Powers derived from the fact that the U. S
Powers derived from the fact that the U.S. is a sovereign power among nations
A nation-state has the right to ensure its own survival
To act on its own interest among nations
To acquire land
Seen as a third type of power outside the Constitution.
All nations possess these powers
Inherent Powers

6. Tenth Amendment – “ powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people”
Interpretation over time has significantly altered the meaning of this amendment.
National government has expanded the scope of its power on a grand scale.
Powers of the States

7. The authority to legislate for the protection of the health, morals, safety, and welfare of the people
Most police power is reserved to the states.
Police Powers

8. The Constitution specifically denies some powers to the National and State governments!
National government can’t tax exports.
Any power not granted expressly or implicitly to the federal government by the USC is prohibited to it.
States are denied any power granted to the National government
Prohibited Powers

9. Concurrent Powers Powers that are shared by both levels of government
Examples:
Power to tax
Make and enforce laws
Establish courts
Police powers
Concurrent Powers

10. Article VI Clause 2 states that actions by the national government are supreme.
Any conflict will be resolved in favor of national government through the court system.
McCulloch v. Maryland case
All elected officials take an oath to uphold the United States Constitution.
The Supremacy Clause

11. Vertical Checks and Balances
Federalism is seen as an additional way of preventing government from growing too strong.
Reserved powers are a check on national government power
National Government can’t change USC without States permission
National programs administered by the states
Federal government use of Commerce clause
Federal mandates used to influence state policies
Vertical Checks and Balances

12. Article IV attempts to resolve potential problems between states:
Full faith and credit clause –
States must honor actions of other states
Privileges and immunities clause –
Citizen of another state treated the same
Extradition-
Accused criminals returned to state
Interstate compacts –
must be approved by Congress
Interstate Relations

13. Describe how the various provisions of the U. S
Describe how the various provisions of the U.S. Constitution provide a framework for federalism.
Explain the types of powers in the Federal system and cite where these powers come from in the USC.
Summary Questions