THE DIVISION OF POWERS

Federalism Remember: the Constitution is

based on six basic principles – Popular Sovereignty Federalism Separation of Powers Checks and Balances Limited Government Judicial Review

Federalism – power is divided between the states and the national government Also known as the “division of powers”

Federalism Both the national

and state governments have their own duties and responsibilities – they are explained in the Constitution

Some of these duties and responsibilities have shifted and changed over the years as the nation has grown and changed

Powers of the National Government

The Constitution gives the national government three types of powers known as delegated powers: Expressed powers Implied powers Inherent powers

Powers of the National Government

Expressed powers are expressed – or stated directly – in the Constitution.

Most of these powers are located in Articles I, II & III Article I, Section 8, Clauses

1 to 18, lists 27 powers delegated to Congress. Example: power to tax and

set up an army

Powers of the National Government

Implied powers are those not stated directly in the Constitution

However, they can be reasonably assumed or suggested by the expressed powers

Clause 18 of Article I, Section 8 is the basis for the implied powers Also known as the “Necessary and Proper”

Clause It gives Congress the power to make laws

that are needed for the government to function and meet the needs of changing times

Example: Modern Congress funds a national railroad system, regulates the nuclear power industry and sets laws about environmental pollution.

Powers of the National Government

Inherent Powers are not directly stated in the Constitution

To act as the government of a nation, the government must have and use certain powers For example, the national

government must have and use certain powers like regulating immigration and dealing with other nations

Powers of the National Government

The Constitution also denies certain powers to the national government – these are known as denied powers Example: The government does not

have the right to tax exports (or, goods that are sent out of the country for sale)

The Bill of Rights also denies the national government certain powers Example: The national government

cannot limit the freedom of speech or religion

In addition, any power that is not expressed, implied or inherent to the national government is denied – it is given to the states

Powers of the States Like the national

government, the 50 states have certain powers that belong to them alone – these are called reserved powers.

There are also denied powers, and those shared by the national government and the state These are concurrent

powers.

Powers of the States The powers reserved, or set aside, for the

states are not listed in the Constitution. The 10th Amendment provides guidance

on state powers It declares that those powers belong to the

states that are neither given to the national government or forbidden by the states

Example: Only the state governments can set up local governments and create public school systems and license teachers

Powers of the States Article I, Section 10 lists powers expressly

denied to the states Example: States cannot negotiate treaties

with foreign nations or grant titles of nobilities The Bill of Rights and the 13th, 14th, 15th, 19th,

24th and 26th amendments place the same limits on states as they do the national governments

Concurrent Powers Concurrent powers: shared by national

and state governments Example: Both levels levy taxes and have the

power to create their own court systems.

Guarantees and Obligations

Article IV, Sections 3 and 4 list the responsibilities of the national government towards the states.

First, the national government must guarantee each state “a republican form of government”. Each state must have a representative government

Second, the national government guarantees to protect the states from invasion from domestic disorder, such as riots or rebellion If a nation invades one state, it is considered an

attack on all

Guarantees and Obligations

The states have the primary duty of enforcing laws and keeping order within their borders

However, there are times when state forces are overwhelmed by violence and the governor asks for help (Example: Hurricane Katrina)

There is also the issue of upholding federal law when state and local officials will not Example: Eisenhower sent federal troops to

enforce integration at Little Rock Central High School

Guarantees and Obligations

The national government also guarantees the territorial integrity of the states Territorial integrity = legal existence and

physical boundaries of the states A new state may not be made from an

existing state unless the legislature of the existing state agrees

In turn, the states have certain obligations toward the national government They are responsible for national elections

The states run the elections and pay for them

The Role of the Federal Courts The Framers realized the

possibility of conflicts between the national government and the states

Therefore, they added the Supremacy Clause (Article IV, Section 2) It states that the Constitution, all

laws made by the United States and United States treaties are the “supreme law of the land” All states must agree with the

U.S. Constitution

The Role of the Federal Courts When conflicts arise, lawsuits are brought

in the federal court system. Federal courts determine whether the

state action or law is constitutional or not – also known as judicial review