Federalism: powers divided

implied power

powers of the national government that are suggested by the expressed powers set out in the Constitution

reserved power

the powers that the Constitution does not grant to the national government and does not deny to the states

reserved powers

the powers that the Constitution does not grant to the national government and does not deny to the states

What is the supreme law of the land?

Conflicts between the federal government and the state governments do arise from time to time. The Framers knew this would happen and wrote the Supremacy Clause into the Constitution. It states in part, "This Constitution, and the Laws of the United States . . . and all Treaties . . . shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby." This clause states that the Constitution stands above all other laws. Acts of Congress and treaties fall immediately below the Constitution.

The area of reserved powers is huge and also includes the important police power. This is the power of states to protect public health, safety, and welfare.

The Constitution does deny some powers to the states. Some are denied expressly. For example, no state can enter into a treaty with a foreign country. No state can print money or deny a person due process of law. Other powers are denied inherently. Because there is a federal system, for example, no state can tax the national government.

Concurrent powers are powers that the state and federal governments share. For example, both the federal government and state governments collect taxes. Both governments also set punishments for crimes. The table shows the division of powers between the federal government and the 50 state governments.

Use the interactive table to review the division of power between states and the federal government.

Supremacy Clause

a clause in the Constitution which states that the Constitution is above all other laws

exclusive power

powers that are only given to the federal government

In the United States, the powers of local governments are granted by _____.

the state governments

delegated powers

those powers—expressed, implied, or inherent—granted to the national government by the Constitution

division of power

the constitutional provisions by which government powers are divided between the national government and the states

division of powers

the constitutional provisions by which government powers are divided between the national government and the states

expressed power

the delegated powers of the national government that are written plainly in the Constitution

expressed powers

the delegated powers of the national government that are written plainly in the Constitution

implied powers

powers of the national government that are suggested by the expressed powers set out in the Constitution

exclusive powers

powers that are only given to the federal government

concurrent power

powers that both the national government and the states share

concurrent powers

powers that both the national government and the states share

inherent powers

powers the Constitution is presumed to have given to the national government because it is the government of a sovereign state

inherent power

powers the Constitution is presumed to have given to the national government because it is the government of a sovereign state within the world community

inherent powers

powers the Constitution is presumed to have given to the national government because it is the government of a sovereign state within the world community

The Framers established a federalist system of government to _____.

prevent government abuses of power

According to the Supremacy Clause, the laws of which of the following are above all others?

the Constitution

What is federalism?

Federalism is a system of government with a division of power between the national government and several smaller governments, such as those of the states. The Constitution provides for this division. Each level of government has its own powers, ruling bodies, officials, and laws. Each level has power to do things the other level cannot. For example, the federal government takes care of foreign policy. The state legislatures can decide on punishment for certain crimes and set some voting requirements. The strength of federalism is that it allows local action in local matters and national action in matters of wider concern. It also allows the states to experiment with policies that are often later adopted by the nation as a whole. While federalism gives states the freedom to handle local matters, it also benefits them by belonging to a strong central union.

Take, for example, the expressed power of Congress to regulate interstate commerce. Interstate commerce is business between states. Under this power, Congress has exercised many implied powers. It has made federal crimes of such acts as moving stolen goods and kidnapping persons across state lines. It has prohibited racial discrimination by granting all people access to public places. Congress has also provided for the building of the 42,000-mile interstate highway system under its commerce power.

Inherent powers exist because the United States is a sovereign state. The Constitution does not put them in words, but these powers exist by tradition. For example, the government can regulate immigration, acquire territory, and protect citizens against rebellion and terrorism.

What are reserved powers?

Reserved powers are powers that the Constitution does not grant to the national government and does not deny to the states.

What is the role of the states in a federal system?

The 50 states play an important role in the government of the United States. The individual state governments balance the power of the federal government. The states are governments of reserved powers. These are powers that the Constitution does not grant to the national government and does not deny to the states. For example, any state can require doctors, lawyers, or plumbers to be licensed. States can establish public schools and regulate public utilities, such as electric and gas.

What powers are denied to the federal government?

The Constitution denies the federal government certain powers. It does this to preserve federalism. Most of these powers are listed in Article I, Section 9, and in the 1st through the 8th amendments. Among the powers denied to the federal government are the powers to charge taxes on exports, or to prohibit freedom of religion, speech, press, and assembly. There are other powers denied to the federal government. For example, the federal government cannot deny a speedy and public trial to a person accused of a crime.

Why did the Framers choose federalism?

The Constitution was created based on the idea of federalism. Under this system of government, power is divided between the national government and the states. Both levels have their own agencies and officials. Both levels pass laws that directly affect citizens. Most of the Framers of the Constitution did not favor the British model of government. The Revolutionary War was fought to free the colonies from strong British rule. The Framers believed that a government with divided powers would prevent the abuse of power.

What is the Supremacy Clause?

The Supremacy Clause is that part of the Constitution which states that the Constitution is above all other laws in the country.

What are the powers of the federal government?

The national government has delegated powers. These powers are created by the Constitution. The three types of delegated powers are expressed, implied, and inherent. The expressed powers are those described plainly in the Constitution. Most of them are written in Article I, Section 8. This article gives 27 powers to Congress. For example, Congress may collect taxes, declare war, and coin money. Other expressed powers are in Article II. These powers relate to the President. They include the power to make treaties, appoint federal officials, and do other things. Article III gives powers to the Supreme Court and other federal courts. A few expressed powers are also found in the amendments. Implied powers are not directly stated in the Constitution. Rather, they are suggested—or implied—by the expressed powers. The basis for the implied powers is found in Article I, Section 8, Clause 18—the Necessary and Proper Clause. This clause is sometimes called the "Elastic Clause" because its meaning has been stretched many times. This has been done to meet the needs of the country as it grew. The clause begins by saying Congress has the power "to make all laws which shall be necessary and proper . . ."

What are exclusive and concurrent powers?

The national government has many exclusive powers. These are powers given only to the federal government. The states may not use these powers. Examples of exclusive powers are making treaties with other countries and collecting taxes on imports. The federal government always controls interstate commerce. This power is expressly denied to the states.

Federalism is the system of government in which a written constitution divides the powers of government. The U.S. Constitution provides for the division of powers between two levels—the national government and the states.

The national government possesses delegated powers—powers specifically given by the Constitution. Most of these are exclusive powers, or powers that belong only to the national government.

Which is true of the exclusive powers named in the Constitution?

They are given only to the national government.

Many other powers are not given to the federal government because the Constitution does not list these powers. The federal government does not have the power to set up a public school system or to set up units of local government. Also, the federal government may not tax any state or its local units of government. This power is denied to prevent the government from bankrupting one or all of the states.

What are some of the powers that are denied to the federal government? Powers denied to the federal government include the power to tax exports; prohibit freedom of religion, speech, press, and assembly; deny citizens a speedy and public trial; set up local school systems; and tax states or local governments.

Federalism

a government system in which power is divided between the national and the state governments

federalism

a government system in which power is divided between the national and the state governments

Which is a reserved power held by the states?

establishing public schools

Which of the federal government's powers are clearly stated in the Constitution?

expressed powers

In 1819, the Supreme Court first settled a dispute between a national and state law. The State of Maryland had placed a tax on the Baltimore branch of the Second Bank of the United States. Congress had created the bank and many people opposed it. The Maryland legislature hoped to destroy the bank. When a bank cashier refused to pay the tax, the Maryland courts convicted him. The Supreme Court cleared the cashier of all charges. The Court said the State of Maryland had no right to tax the federal bank, and it based its decision on the Supremacy Clause. Over the years, the Supreme Court has found thousands of state and local laws to be unconstitutional. It has also ruled that thousands of other state and local laws were constitutional.

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The states' powers are called reserved powers. They are powers not already given to the national government and not listed as powers the states may not have. For example, the states may decide how old people must be to get drivers' licenses.

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There are three kinds of delegated powers. Expressed powers are those listed in the Constitution. Implied powers are not listed but are suggested. Inherent powers are those that national governments have historically possessed, such as the regulation of immigration. Some powers delegated to the national government are concurrent powers. It shares these powers with the state governments.

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We often think of the United States as having three levels of government: national, state, and local. However, there are really only two levels of government in a federal system: the national government and state governments. The 87,000 local units of government have only the powers granted to them by their states. Because of this, each state is said to have a unitary form of government.

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