Federalism Overview - CE. 1a and CE. 1e

Federalism

A system in which power is shared or divided between the federal (national) government and state/local governments.

10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. This amendments defines the concept of Federalism and reserved powers.

delegated powers

Powers specifically given to the federal government by the U.S. Constitution, for example, the authority to print money.

expressed (enumerated) powers

Powers that are specifically stated in the Constitution - examples: Congress has the power to coin money, declare war, and regulate interstate commerce

implied powers

Powers inferred from the expressed powers that allow Congress to carry out its functions. These powers are NOT specifically stated in the U.S. Constitution. They are derived from the "necessary and proper" clause in Article I - Congress can do what is necessary and proper to carry out its expressed powers. Example: Expressed Power - raise an army and navy; Implied Power - set up a military draft

elastic clause

Another name for the "necessary and proper clause" because it stretches the powers of Congress beyond its expressed powers.

inherent powers

Powers not specifically listed in the Constitution, but they are understood to be necessary for the government to function properly. These powers enable the government to perform essential duties that are not detailed in the Constitution. An example would be the ability to control immigration.

reserved powers

Powers given to the state government alone. Outlined in the 10th Amendment.

exclusive powers

Those powers that can be exercised by the National Government alone. An example would be the power to regulate interstate commerce.

concurrent powers

Powers shared by the national government and state governments. (for example: power to tax and make laws)

supremacy clause

Article VI of the U.S. Constitution, establishes that federal law, including the Constitution itself, is the supreme law of the land and takes precedence over conflicting state laws. This means that federal laws and treaties are the highest legal authority, and state judges are obligated to uphold them, even if state laws contradict them. 

Which level of government issues driver's licenses, marriage licenses, and occupational (workers) licenses?

State

Which level of government has the authority to make treaties and regulate trade with foreign countries?

Federal (National)

Which levels of government administer and conduct elections?

State and Local

Which level of government can coin money?

Federal (National)

Which level of government makes ordinances?

Local

Which level of government regulates interstate trade?

Federal (National)

Which level of government deals with repairing pot holes and snow removal?

Local

Which level of government has control of the military?

Federal (National)

Which level of government establishes education standards for public schools?

State

Which level of government is responsible for police/fire departments and trash/recycling collection?

Local

Which level of government is responsible for national security, establishing post offices, and printing currency?

Federal (National)

Which level of government can declare war and conduct foreign affairs?

Federal (National)

In which level of government would you find the General Assembly?

State

In which level of government would you find Congress?

Federal (National)

In which level of government would you find the Governor?

State

In which level of government would you find the city council, town council, board of supervisors and mayor?

Local