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.

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

All other powers 'reserved' to the states (10th amendment)

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.

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