The Federal System

Powers:

• National Gov. Powers 

• State Gov. Powers

• Shared Powers 

National Powers:

• 3 Types 

• expressed powers

• implied powers

• inherent powers 

• together they are called Delegated Powers 

Expressed:

• directly stated in Const.

• Also called Enumerated 

• Example: War, treaties 

Implied:

• necessary for gov to carry out duties 

• Example: power to raise an Army is expressed

• Power to Draft people is implied 

• also called Elastic clause or Necessary & Proper Clause 

Inherent:

• Powers needed simply because they are the gov. 

• Example: Immigration control

• Although not in Const. power is needed 

State:

• Const. held powers for States called Reserved Powers

• Power not granted to Nat. Gov. given to States 

• Example: public schools

Supremacy Clause:

• What if laws conflict?

• Nat. Gov. is Supreme

• States are not supposed to make laws that conflict with Nat.Gov. 

Concurrent Powers:

• powers held by both Nat. and State

• Example: tax, courts 

Denied Powers:

• Const. specifically denies some powers

• Example: Nat. gov. cannot interfere with ability of States to carry out duties 

Guarantees to States:

• republican form of gov. 

• protection against invasion

• send in Fed. Troops if necessary 

• territorial integrity will be upheld 

Umpire:

• supreme court is the ump.

• McCulloch v. Maryland case established the precedence that Nat. Gov. is supreme.