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Federalism

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Natalie Fontenot

on 29 March 2013

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Transcript of Federalism

The reserved powers, are powers that are granted to the States by the 10th Amendment. They include powers that are not given to the National government by the Constitution or denied to the States by the Constitution. Reserved Powers Federalism Expressed Powers Expressed powers are written out in the Constitution Implied Powers Implied powers are not expressly stated in the Constitution, but are reasonably suggested by the expressed powers. National A system of government in which a written constitution divides the powers of government on a territorial basis between a central, or national, government and several regional governments, usually called states or provinces. Our national government is a government of delegated powers, meaning that it only has powers granted to it by the Constitution. State The 10th Amendment gives States reserved powers, or powers that are not granted to the National government or denied to the States. Concurrent Powers Most can be found in Article I, Section 8.
They include:
The power to collect taxes
The power to coin money
The power to regulate foreign and interstate commerce
The power to maintain armed forces
The power to declare war
The power to fix weights and measures Other powers are given to the President in Article II
The power to make pardons
The power to sign treaties

Article III gives several powers to the Supreme Court The "Necessary and Proper Clause" or the "Elastic Clause" (Article I, Section 8) says that Congress has the power to make all laws that are needed to carry out any of the powers expressed in the Constitution. Inherent Powers Inherent powers belong to the National government because it is a government of a sovereign state within the world community. Examples :
Regulate Immigration
Acquire territory
Grant Diplomatic Recognition to other states Powers Denied to the National Government The Constitution also denies powers to the National government such as:
Levy duties on exports
And many from prohibitions listed in the Bill of Rights -
Congress cannot prohibit exercise of free speech, religion, press, assembly, conduct illegal searches or seizures, denial of trial by jury. Other denied powers include ANY power that is not delegated to it by the Constitution - expressly, implicitly, or inherently. Examples:
Marriage Laws
Alcohol Sales
Set up courts and local governments
Establish an education system
Regulate land use
ETC!! Concurrent powers are powers that both the National and State governments may use. Concurrent Powers include:
Power to tax
Define Crimes
Eminent Domain -Condemn (take) private property for public use Powers delegated to the National government by the Constitution are exclusive to the National government. Powers Denied to the States Supremacy Clause: The Constitution is the Supreme Law of the land. It supersedes State law and local laws. (Article VI, Section 2) Not allowed to tax the National government.

Not allowed to infringe on Rights listed in the Bill of Rights Powers that are exclusive to the National government:
Regulate interstate commerce
Tax imports
Coin/print money
Make treaties with foreign states
Maintain a standing military Both the National and State governments may be exercised exclusively and simultaneously. These powers make it possible for a Federal government to function. Arizona Immigration Law - SB 1070 http://cnn.com/video/data/2.0/video/bestoftv/2012/06/25/sot-scotus-immigration-bolduan.cnn.html States are NOT allowed to:
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