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What does the US Constitution say about federalism? - Coggle Diagram
What does the US Constitution say about federalism?
Article I, Section 8 sets out the
Enumerated (explicitly stated) powers
of the central government. In theory these should be the only powers that the central government should hold.
Collect Taxes
Borrow Money
Regulate interstate commerce
Establish rules for citizenship
Coin money, regulate currency
Punish counterfeiting
Establish post offices and roads
Establish federal courts
Declare war
Punish Piracy
Raise and maintain an army & navy
Sometimes refered to as
delegated powers
as the 13 states, by signing the constitution, gave up these powers to a central authority.
All other powers 'reserved' to the states (10th amendment)
Concurrent Powers
- beloing to both federal and state governments.
Levy and collect taxes
Borrow money
Establish Courts
Define crimes and set punishments
Denied Powers - block state or federal government from doing something.
Federal government
Cannot suspend habeas corpus
Cannot pass bills punishing an act that was not illegal when committed.
Cannot pass bills which declare an indiviudla guilty of a crime. Must be done through the courts.
Could not prohibit the importation of salves until 1808.
Cannot tax goods exported by states
Limited power to direcly tax the people - changed by the 16th amendment
State Governments
Cannot enter into any treaty, alliance or confederation.
Cannot coin money
Cannot tax imports or exports
Cannot keep their own army or navy without Congress' consent
Cannot grant titles of nobility
Article 6, Clause 2:
The Supremacy Clause.
Incase of conflicts federal law is the supreme law of the land and takes precdent over state law.
Why has the federal government grown so much (3 executive departments to 15) when its restricted to the limited powers enumerated in the Constitution?
Implied powers. Article 1, Section 8 - Necessary and Proper Clause. Congress can "make all Laws which shall be necessary and proper" to carry out its enumerated powers.
Necessary and Proper Clause also called the 'elastic clause' as with enough justification, the power of the federal governemnt can be stretched in order to fulfil its enumerated powers.
The Commerce Clause - "To regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes"
This ambigous clauses has been used to impy that congress has the power to...
Set a minimum wage
Ban discrimination in the workplace and in public facilities
Regulate banking
Horizontal Federalism betwen the states. This is governed by the Full Faith and Credit Clause which requires that each state in the U.S. must recognize and honor the public acts, records, and judicial proceedings of every other state.
E.g: If you were sued, and then lost in court in one state, you could not just flee to another state to avoid paying damages.
E.g: If a couple divorced in one state, other state would have to give 'full faith and credit' to these divorce proceedigns and honour them in that state.