FEDERALISM AND THE DIVISION OF POWER
FEDERALISM DEFINED: • A system in which powers of government are divided between the central government and state government • This is a compromise….
NATIONAL POWERS: • Delegated Powers: these powers are expressly given to the national government in the Constitution • Inherent Powers: those powers that belong to the national government because it is a sovereign state
NATIONAL POWERS: • Implied Powers: these powers derive logically from the expressed powers as a result of the “necessary and proper” clause • This has always been a source of controversy…
RESERVED POWERS: • Identified in Article IV and guaranteed in the 10 th Amendment • These powers belong to the states • Neither expressly given to the National Government nor denied to the State Governments • There is no complete list of these powers...
PROHIBITED POWERS: • Some are expressly denied… • Some are denied by silence… • Some are denied based on federalism...
CONCURRENT POWERS: • Powers that are shared by both the state and National Government • They are exercised separately and simultaneously!
SUPREME LAW OF THE LAND The Constitution is above all other forms of law. The Supreme Court decides conflicts arising from Federalism!
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