Federalism: Dividing and Sharing Power

federalism

SHARING of authority

2 or more govs

Over same ppl and same territory

“Marble cake/ pancake stack”

If not expressed, implied, enumerated, delegated…

Power belongs to people

Reserved powers

Reserved ONLY to STATES

regulate trade and businesses within state

State/reserved

Establish local government

State/reserved

Conduct elections and set qualifications for voters

State/reserved

Provide professional licenses

State/reserved

Set rules for marriages and divorces

State/reserved

Regulate foreign and interstate commerce

National

Print and coin money

National

Provide army, navy, Air Force

National

Admit new states and govern territories

National

Establish post offices and roads

National

Conduct foreign relations including negotiating treaties and appointing ambassadors

National

Levy taxes

Concurrent

Borrow money

Concurrent

Protect public health and welfare

Concurrent

Charter (make) banks

Concurrent

Protect citizen rights

Concurrent

Establish courts and define crimes and carry out punishment for criminals

Concurrent

Make, enforce, and interpret laws

Concurrent

Delegated powers

Congress delegates to the NATIONAL government

Expressed powers

Powers directly EXPRESSED in the constitution to the NATIONAL government

Implied powers

Powers government requires to carry out expressed constitutional powers

National gov

Denied powers

Article 1

Sections 9 and 10

Pass retroactive laws

Denied

Tax exports

Denied

Hold/sentence a person to jail without a fair trial

Denied

Pass any law that violates constitution

Denied

Grant titles of nobility

Denied

Supremacy clause

Article VI

Constitution, laws passed by congress, and US treaties “shall be the law of the land”

States can’t conflict with national law