Federalism: Relationships Between the States

Enumerated Powers

Given to the National Government Alone: Explicitly listed in the Constitution, include the ability to: collect taxes, coin money, regulate interstate commerce, declare war, raise and support an army, establish post offices, grant patents and copyrights, and establish lower federal courts; most of these powers are found in Article I, Section 8 of the U.S. Constitution.

Implied Powers

Not explicitly stated in the Constitution, but are instead derived from the Enumerated Powers.

Implied Powers of Congress

Creating a national bank: The Supreme Court ruled in McCulloch v. Maryland that Congress had the authority to create a national bank to fulfill its power to create coin.

Implied Powers of Congress

Establishing a minimum wage: Create labor standards and a minimum wage under the Necessary and Proper Clause.

Implied Powers of the President

Foreign policy: Has the power to make foreign policy.

Implied Powers of the President

Executive agreements: Can make executive agreements, which are similar to treaties but don't require Senate approval.

Implied Powers of the President

Dismissing administrators: Has the power to dismiss administrators.

Implied Powers of the President

Wartime powers: Has expanded wartime powers.

Denied Powers to the State

Passing bills of attainder, ex post facto laws, or laws that impair contracts

Denied Powers to the State

Granting titles of nobility

Denied Powers to the State

Coining money

Implied Powers of Congress

Establishing a military draft: Has the power to use a military draft to raise an army.

Implied Powers of Congress

Creating gun control laws: Has the power to regulate the sale and possession of firearms.

Implied Powers of Congress

Denied Powers to the State

Passing bills of attainder, ex post facto laws, or laws that impair contracts

Denied Powers to the State

Granting titles of nobility

Denied Powers to the State

Laying imposts or duties on imports or exports without Congress' consent

Denied Powers to the State

Coining money

Denied Powers to the State

Making treaties

Denied Powers to the State

Wage war without Congressional approval

Denied Powers to Congress

Limiting the slave trade until 1808

Denied Powers to Congress

Suspending the privilege of habeas corpus

Denied Powers to Congress

Imposing taxes on exports from any state

Denied Powers to Congress

Passing capitation or other direct taxes unless they are proportional to the census

Denied Powers to Congress

Giving preference to the ports of one state over those of another

Denied Powers to Congress

Drawing money from the treasury unless it is appropriated by law

Denied Powers to the National Government

Making new states without the consent of the state legislature concerned

Denied Powers to the National Government

Trying anyone for treason without two witnesses and/or a confession

Denied Powers to the National Government

Denied powers are a way to maintain a system of checks and balances to ensure that no branch of the government has more power than the others.

Regulating Channels of Commerce (Commerce Clause)

Regulate roadways, waterways, and airways. For example, the federal government can prohibit gambling on boats in a single state along the Mississippi River.

Regulating Instrumentalities of Commerce (Commerce Clause)

Regulate the means of commerce, such as airplanes, trains, or automobiles. For example, the federal government can prohibit the destruction of aircraft or theft from interstate shipments.

Regulating activities that affect interstate commerce (Commerce Clause)

Congress can regulate activities that have a substantial effect on interstate commerce. For example, a New York beverage distributor entering into an agreement with a Canadian beer company to distribute their beer throughout the U.S. is subject to federal law.

Federal legislation (Commerce Clause)

Some examples of legislation passed by invoking the commerce clause include the Controlled Substances Act, the Civil Rights Act, and the Americans with Disabilities Act.

Elastic/"Necessary & Proper" Clause

Examples of the action include: establishing a national bank, creating the military draft, passing federal minimum wage laws, regulating air and water pollution, and enacting laws to control the sale of firearms to carry out the Constitution's enumerated powers, like regulating commerce or providing for the common defense, even though they aren't explicitly stated in the document itself.

Elastic/"Necessary & Proper" Clause

Allows Congress to pass laws to execute its listed powers in the Constitution.

McColloch v. Maryland Decision

Upholding the creation of a national bank as a power implied by the Constitution.

Broad Definition of Elastic/"Necessary & Proper" Clause

A flexible interpretation of Congressional power, enabling them to adapt to changing needs of the nation.

Full Faith & Credit Clause

A prime example is when a marriage legally performed in one state is recognized as valid in all other states, meaning if a couple gets married in California, their marriage is considered valid in New York as well; other examples include recognizing a driver's license issued in one state in another, or upholding a court judgment from one state in another, preventing someone from avoiding legal obligations by moving to a different jurisdiction.

Full Faith & Credit Clause

Marriage recognition:

If a couple gets married in one state, that marriage is considered valid in all other states

Full Faith & Credit Clause

Court judgments:

If a court in one state issues a judgment against someone, that judgment must be recognized and enforced in other states.

Full Faith & Credit Clause

Driver's licenses:

A driver's license issued in one state is generally accepted as valid in other states.

Important considerations:

Full Faith & Credit Clause

Requires states to recognize each other's legal acts, there are exceptions, like when a judgment is considered invalid in the original state due to procedural errors.

Full Faith & Credit Clause

Congress can establish how states must prove and enforce judgments from other states through legislation.

McCulloch v. Maryland (1819)

Supremacy Clause in action is the landmark case where the Supreme Court ruled that a state could not tax a federally chartered bank, establishing that federal law takes precedence over conflicting state laws when it comes to exercising enumerated powers granted to the federal government; other examples include federal regulations on food safety preempting stricter state regulations on the same food items, or a federal law protecting driver privacy superseding state laws that allow for excessive personal information collection on driver's licenses.

Supremacy Clause

Federal law takes priority:

In cases where a state law directly contradicts a federal law, the federal law will be upheld.

Supremacy Clause

Preemption doctrine:

The principle derived from the Supremacy Clause is "preemption," meaning a federal law can "preempt" or override a state law in certain areas.

Supremacy Clause

Environmental regulations:

If the EPA sets national air quality standards, states cannot enact laws that allow for more pollution than the federal standards.

Supremacy Clause

Voting rights:

Federal law governing voter registration and eligibility supersedes conflicting state laws.

Supremacy Clause

Drug regulation:

Federal Food and Drug Administration (FDA) regulations on prescription drugs take precedence over state laws regarding their sale and distribution.

Reserved Powers (10th Amendment)

Running elections: The general power to conduct elections.

Reserved Powers (10th Amendment)

Creating marriage laws: The power to create marriage laws.

Reserved Powers (10th Amendment)

Regulating schools: The power to regulate schools.

Reserved Powers (10th Amendment)

Basic police powers: The power to exercise basic police powers.

Reserved Powers (10th Amendment)

Local taxation: The power to levy local taxes.

Reserved Powers (10th Amendment)

Issuing local licenses: The power to issue local licenses, such as drivers' licenses and marriage licenses.

Reserved Powers (10th Amendment)

Establishing local governments: The power to establish local governments, such as counties and cities.

Reserved Powers (10th Amendment)

Setting up businesses: The power to set up businesses.

Reserved Powers (10th Amendment)

Establishing public school systems: The power to establish public school systems.

Reserved Powers (10th Amendment)

Establishing laws: The power to establish laws for the health, welfare, or safety of its citizens.

Reserved Powers (10th Amendment)

Establishing laws: The power to establish laws for the health, welfare, or safety of its citizens.

Reserved Powers (10th Amendment)

Enumerated Powers

Coin Money

Enumerated Powers

Regulate interstate and foreign trade

Enumerated Powers

Conduct Foreign Affairs

Enumerated Powers

Establish Rules of Naturalization

Enumerated Powers

Punish Counterfeiting

Enumerated Powers

Establish Copyright/Patent Laws

Enumerated Powers

Regulate Postal Service

Enumerated Powers

Establish Courts Inferior to the Supreme Court

Enumerated Powers

Declare War

Enumerated Powers

Raise and Support Armies

Enumerated Powers

Make all Laws "Necessary and Proper" to carry out responsibilities.

Powers Denied (Federal Government)

Violate the Constitution

Powers Denied (Federal Government)

Change State Boundaries

Concurrent Powers

Levy and Collect Taxes

Concurrent Powers

Borrow Money

Concurrent Powers

Make and enforce laws

Concurrent Powers

Establish courts

Concurrent Powers

Charter Banks and Corporations

Concurrent Powers

Take Property for Public Purpose with Just Compensation (Eminent Domain)

Reserved Powers

Regulate Intrastate (Within State) Commerce

Reserved Powers

Conduct Elections

Reserved Powers

Provide for the Public Health, Safety, Welfare and Morals

Reserved Powers

Establish Local Governments

Reserved Powers

Maintain militia (National Government)

Reserved Powers

Ratify Amendments to the Constitution

Powers Denied to the States

Abridge the privileges or immunities of citizens or deny due process and equal protection of the laws (14th Amendment)