National and State Powers in the United States
National and State Powers
National Powers
•
Constitution grants the national government
delegated powers.
•
Three types of powers the national
government has:
–
Expressed Powers
–
Implied Powers
–
Inherent Powers
Expressed Powers
•
Are directly expressed powers
stated in the Constitution.
•
Other name for powers:
Enumerated Powers
•
Example: the authority to levy
and collect taxes, coin money,
make war, raise an army and
navy, and to regulate
commerce among states.
Implied Powers
•
National government requires these to carry out
the expressed powers defined in the
Constitution.
•
Not specifically listed in Constitution.
•
Importance:
Helped National Government
strengthen and expand its authority to meet
many problems the Founders couldn’t foresee.
•
Necessary and proper clause:
Basis for Implied
powers
•
Also known as the Elastic Clause
Inherent Powers
•
Powers that the National Government may exercise
simply because it is a government.
•
Powers not spelled out in the Constitution.
•
Examples:
–
Control of immigration
–
Diplomatic relations
States Powers
•
Constitution reserves powers
just for states called
Reserved
Powers
–
10
th
amendment grants states
these powers.
•
States have rights to exercise
any power not delegated to
national government.
–
Ex: Public school system,
establish local governments,
require licenses for
professions.
When States Exceed Powers
•
Constitution is supreme law
of the land
•
Supremacy Clause
•
No state law or state constitution
may conflict with any form of
national law.
•
National and State officials and
judges are bound by the
Constitution.
National and State Powers
•
Concurrent Powers:
Both the State
and National Governments have
them
•
Examples: Powers to tax, maintain
courts and define crimes,
appropriate private property for
public use.
•
States may exercise any power not
reserved by the Constitution but
their actions must not conflict with
any national laws.
Denied Powers
•
Constitution specifically denies some powers to
ALL LEVELS
of government
•
National denied powers: can’t tax exports, can’t
interfere with ability of states to carry out their
responsibilities
•
States denied powers: Can’t make treaties/
alliances with foreign government, coin money,
make any laws impairing the obligation of
contracts, or grant titles of nobility
•
These powers are around to keep sovereignty of
the people
Guarantees to the States
•
Constitution makes the National
Government do three things for States.
1.
Republican form of Government
•
Congress allows senators/ representatives from
a state take their seats in Congress
2.
Protection
•
National government must protect from
invasion and domestic violence
3.
Territorial Integrity
•
National government can’t use territory that is
already apart of an existing state without
permission from legislature
Process of Admission of New
States
•
Congress has power to admit new states
through the
Enabling Act
1.
Signed by the president, territory starts to prepare
a constitution.
2.
That Constitution must be approved by popular
vote then it is sent to Congress.
3.
If Congress agrees on constitution the act will than
be passed.
4.
Territory then becomes a State
Conditions for Admission
•
Congress or the
president may impose
certain conditions
before admitting new
state.
•
Supreme Court has ruled
this is Constitutional
only when state is being
admitted.
•
Once Admitted to the
Union every state is
EQUAL
Judicial Branches Role
•
Settles any conflicts
between National and
State Governments.
•
National government is
supreme ruler of this land
•
Supreme Court umpires
for our federal system.
•
Example: McCulloch v.
Maryland
The Constitution grants specific powers to the national government, including expressed, implied, and inherent powers. States have reserved powers, and there are concurrent powers shared by both levels of government. The Supremacy Clause ensures that national laws take precedence over state laws. Explore the division of powers between the national and state governments in the US.
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Presentation Transcript
National Powers Constitution grants the national government delegated powers. Three types of powers the national government has: Expressed Powers Implied Powers Inherent Powers
Expressed Powers Are directly expressed powers stated in the Constitution. Other name for powers: Enumerated Powers Example: the authority to levy and collect taxes, coin money, make war, raise an army and navy, and to regulate commerce among states.
Implied Powers National government requires these to carry out the expressed powers defined in the Constitution. Not specifically listed in Constitution. Importance: Helped National Government strengthen and expand its authority to meet many problems the Founders couldn t foresee. Necessary and proper clause: Basis for Implied powers Also known as the Elastic Clause
Inherent Powers Powers that the National Government may exercise simply because it is a government. Powers not spelled out in the Constitution. Examples: Control of immigration Diplomatic relations
States Powers Constitution reserves powers just for states called Reserved Powers 10thamendment grants states these powers. States have rights to exercise any power not delegated to national government. Ex: Public school system, establish local governments, require licenses for professions.
When States Exceed Powers Constitution is supreme law of the land Supremacy Clause No state law or state constitution may conflict with any form of national law. National and State officials and judges are bound by the Constitution.
National and State Powers Concurrent Powers: Both the State and National Governments have them Examples: Powers to tax, maintain courts and define crimes, appropriate private property for public use. States may exercise any power not reserved by the Constitution but their actions must not conflict with any national laws.
Denied Powers Constitution specifically denies some powers to ALL LEVELS of government National denied powers: can t tax exports, can t interfere with ability of states to carry out their responsibilities States denied powers: Can t make treaties/ alliances with foreign government, coin money, make any laws impairing the obligation of contracts, or grant titles of nobility These powers are around to keep sovereignty of the people
Guarantees to the States Constitution makes the National Government do three things for States. 1.Republican form of Government Congress allows senators/ representatives from a state take their seats in Congress 2.Protection National government must protect from invasion and domestic violence 3.Territorial Integrity National government can t use territory that is already apart of an existing state without permission from legislature
Process of Admission of New States Congress has power to admit new states through the Enabling Act 1.Signed by the president, territory starts to prepare a constitution. 2.That Constitution must be approved by popular vote then it is sent to Congress. 3.If Congress agrees on constitution the act will than be passed. 4.Territory then becomes a State
Conditions for Admission Congress or the president may impose certain conditions before admitting new state. Supreme Court has ruled this is Constitutional only when state is being admitted. Once Admitted to the Union every state is
Judicial Branches Role Settles any conflicts between National and State Governments. National government is supreme ruler of this land Supreme Court umpires for our federal system. Example: McCulloch v. Maryland
