U.S. Federalism and Constitutional Powers Part 1

The division of power between national and state governments

Enumerated Powers-Expressed Powers are delegated powers of the National government that are given to it in so many words by the Constitution. Examples include declaring war, defending the country, coining money, and punishing lawbreakers.

Reserved Powers-To reserve means to save. All powers not specifically delegated by the Federal government are reserved for the state governments. The 10th Amendment supports this. Examples include issuing drivers' licenses, creating marriage laws, setting school standards, and conducting elections.

Concurrent Powers are powers shared by both federal and state governments. Examples include collecting taxes, protecting rights, making environmental laws, and making agreements with foreign countries.

Delegated Powers are expressed, implied, and inherent powers granted to the National Government by the Constitution. These powers are specifically assigned to the federal government.

Implied Powers are powers not explicitly stated in the Constitution but are inferred from the expressed powers through the 'necessary and proper' (elastic) clause. Example: Hamilton's creation of the National Bank.

April 1816 congress chartered the second national bank. The bank was controversial because some people believed that bank harmed state economies. Maryland passed a stamp tax on paper used to make money. James Mccullough a bank cashier refused to pay the tax. The state of Maryland brought a case against him.

Supremacy Clause-The Supremacy Clause is the provision in article six. The Supremacy Clause of the Constitution requires conflicts between federal law and state law to be resolved in favor of federal law. State laws that violate the constitution, federal laws, or international treaties can be invalidated through the Supremacy Clause. The US is a federalist government where citizens are subject to powers of several governmental units. The US constitution tells us that the federal government is the highest or supreme governmental power. For example, in the McCulloch V.Maryland case the supreme court ruled as a result that the tax was a violation of the national supremacy.

Full Faith and Credit Clause-The federal government must prevent the states from subdividing or combining to form new states without congressional consent. In article IV, section 1 of the US constitution, Full Faith and credit clause requires other states to enforce the civil judgements of other courts. For example, the states are required to accept the court judgements, licenses, contracts, and other civil acts of all the other states.