Understanding the Constitution: Who has the power to do what



Understanding the Constitution: Who has the power to do what?

Federalism

The concept of Federalism is one that underlies all concepts about the power of government in the US system. Federalism within the United States system is the balancing of power between a Federal Government and State Governments. Within this system the Federal Government is superior to the State Governments. For example, a state could not pass a law that directly contradicted a law passed on the federal level. Within these principles, power is divided among the federal and state governments.

Divided Powers in US Government

The US Constitution specifically states what types of powers are to be granted to what governments.

• Delegated Powers - To delegate means to specifically assign, in this case delegated powers are those powers specifically assigned to the Federal Government. The founding fathers feared a national government that would overstep its bounds, so they took care to only allow the national government very specific powers. These are also referred to as enumerated powers.

• Reserved Powers - To reserve is to save, in this case all powers not specifically delegated the Federal Government are to be reserved or saved for the State Governments.

• Concurrent Powers - Concurrent means "at the same time", in this case concurrent powers are those that both the federal and state governments have simultaneously.

Other Important Terms

• Implied Powers - These are powers that are NOT specifically delegated in the Constitution, but are understood to be necessary or allowed. The elastic clause or necessary and proper clause allows these by stating that Congress has the power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers" (art. I, sec. 8). Examples include:

o Hamilton's creation of the National Bank - no power to create banks is delegated the Federal Government, however it was deemed necessary and proper to form a bank to aid in Congress's power to coin money and regulate the economy. (see McCullough vs. Maryland 1819)

Assignment:

On the back of this sheet of paper, create 3 columns. Title the columns delegated, reserved, and concurrent. Try to put each of the powers below into the correct column.

• Regulate interstate trade

• Establish a postal system

• Maintain courts

• Borrow money

• Enforce copyrights

• Regulate international trade

• Coin money

• Establish schools

• Establish local governments

• Declare war

• Maintain armed forces

• Sign treaties

• Pass statewide laws (ex. safety belt laws)

• Run elections

• Power to tax

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