U2L12: States' Rights and Division of Powers

National Powers

• Powers granted to the national government include making treaties, producing currency, and declaring war.

Concurrent Powers

• Shared powers between federal and state governments encompass making and enforcing legislation, creating health regulations, and regulating taxes.

State Powers

• States have authority over public education, driving laws, and establishing state-specific laws.

Delegated Powers

• Powers given explicitly by the Constitution include expressed, inherent, and implied powers.

Expressed Powers

• Explicitly stated in the Constitution include collecting taxes, printing money, regulating interstate commerce, maintaining an army, declaring war, and granting patents and copyrights.

Inherent Powers

• Powers assumed by the federal government due to its sovereignty, such as regulating immigration, acquiring territory, and protecting the nation from domestic threats.

Implied Powers

• Powers suggested by the Constitution to fulfill its duties, including those listed in the Necessary and Proper Clause. Examples include regulating federal crimes and prohibiting discrimination.

Reserved Powers

• Defined by the Tenth Amendment, powers not granted to the federal government and not denied to states are reserved for state governments.

Powers Reserved to the States

• Includes regulating marriage, professional licensing, managing public utilities, conducting elections, and overseeing public schools.

Exclusive Powers

• Powers only the federal government can exercise, such as coining money, making treaties with other nations, taxing foreign imports, and regulating interstate commerce.

Supremacy Clause

• Clarifies that the Constitution and federal laws override state and local laws, establishing federal government as the ultimate authority.

Difference between Exclusive and Concurrent Powers

• Exclusive powers are solely for the federal government, while concurrent powers are shared between federal and state authorities.

Federalism's Strengths and Limitations

• Federalism grants the federal government certain powers denied to states, while preserving specific state powers that the federal government cannot enact.

Levying and Collecting Taxes as Concurrent Powers

• Both levels of government need funds for their responsibilities; state governments assess local needs while the federal government manages broader financial obligations.

Difference between Implied and Inherent Powers

• Implied powers are suggested by the Constitution, while inherent powers are understood to be included for sovereign governments; they are not explicitly mentioned or suggested.