Power and the Constitution

 

 

1) Federalism: sharing of powers of government between national, state, and local

            governments

 

2) Delegated or Enumerated Powers: powers specifically given to the federal

            government in the Constitution: federal government is limited to these powers

 

            What are they? (Article 1, Section 8)

            Levy and collect taxes, borrow money, coin money, and regulate its value,

                        punish counterfeiters

            Regulate interstate and foreign commerce, cresate post offices and post roads,

                        grant patents and copyrights,

            Declaring war, raising,supporting and regulating an army and navy, call state

                        militia to enforce federal law, suppress insurrections, repel invasions,

                        punish piracy

            Establish rules for naturalization of aliens, provide for courts below the

                        Supreme Court, control the seat of government and all federal property

 

*The last segment of this article is the “elastic clause” or “necessary and proper” which has created two interpretations of the constitution called loose and strict interpretation

 

3) Reserved Powers: powers not given to the federal government and not denied to

            the state are reserved to the state (or to the people) (Amendment 10 of Bill of

            Rights)

 

4) Concurrent Powers: exercised by federal and state government

            levying taxes, borrowing money, building roads, maintaining courts

 

Powers denied to the Federal Government: (Article 1, Section 9)

            passing revenue or commerce laws that favor one state over another

            granting any title of nobility

            levying any tax on exports

            levying any direct tax not based on population

            spending money without appropriation authorized by law

            encroaching on civil liberties of people by suspending right of habeas corpus,

                        passing a bill of attainder (punishment without trial), or expost facto laws

            Bill of Rights also limits federal power, as well as amendment 14, 15, 19, 24, 26

 

Powers denied to the states: (Article 1, Section 10) (Amendments 14,15, 19, 24, 26)

            coining money, entering into foreign treaties, impairing contractual obligations

            Without Congressional consent: levying import and export taxes, entering

                        agreements with each other, maintaining troops in peacetime, engaging

                        in war

            Granting titles of nobility, bills of attainder, ex post facto laws also

Relations Between States: (Article 4, Sections 1 and 2)

            give “full faith and credit” to other state’s actions

            extend to citizens of other states the right of local citizenship,

            honor requests for extradition         

 

Relations Between Federal Government and the States (Article 4, Sections 3 and 4)

            Federal government can admit new states into the Union

            Federal government must provide:

                        Republican form of government, protection against invasion and

                        domestic violence

 

 

5) Popular Sovereignty: ultimate power rests in the PEOPLE

 

Federalism’s Strengths:

            Each segment handles its problems best (national:defense; states:local issues)

            Prevents centralization of power

            Encourages local activism and civic responsibility

            States can be arenas for experimenting with new laws

 

Federalism’s Weaknesses:

            Division between national and state government isn’t always clear

            Variations on laws between different states

            Can result in waste and overlapping of administration