The Division of Powers

1. The Division of Powers

2. 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”

3. 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

4. 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

5. 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

6. 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.

7. Powers of the National Government • Inherent Powersare 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

8. 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

9. 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.

10. 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

11. 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

12. 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.

13. 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

14. 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

15. 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

16. 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

17. 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