The American System of Federalism

The American System of Federalism

Federalism is a constitutional division of authority between a national government and subnational governments, with each retaining siginficant authority.

Here is how power is divided/shared in the American federal system of government:

Powers Granted to National Goverment	Powers Granted to Both National and State Governments	Powers Granted to State Governments
Delegated Powers Article I, Section 8 Collect taxes Regulate interstate and foreign commerce Borrow and coin money Declare war Create and maintain an army and navy Establish post offices and post roads Govern territories and national property Grant patents and copyrights Set standards of weights and measures Implied Powers "Make all laws necessary and proper to carry out the foregoing powers" Key Supreme Court Case: McCulloch v. Maryland	Concurrent Powers Collect taxes Borrow money Charter banks and corporations Make and enforce laws Establish courts	Reserved Powers Conduct elections Establish local goverments Regulate commerce "within" the state Protect public health and safety All other powers not delegated to the national government, nor denied to the states. (Tenth Amendment)
Federal Supremacy
Should there be any conflict between a federal law (or Constitution) with any state law (or constitution), the federal laws prevail. "This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding." The Federal Supremacy clause: Article VI, Section 2

Powers Granted to
National Goverment

Powers Granted to Both
National and State Governments

Powers Granted to
State Governments

Delegated Powers
Article I, Section 8

Collect taxes
Regulate interstate and foreign commerce
Borrow and coin money
Declare war
Create and maintain an army and navy
Establish post offices and post roads
Govern territories and national property
Grant patents and copyrights
Set standards of weights and measures

Implied Powers

"Make all laws necessary and proper to carry out the foregoing powers"
Key Supreme Court Case: McCulloch v. Maryland

Concurrent Powers

Collect taxes
Borrow money
Charter banks and corporations
Make and enforce laws
Establish courts

Reserved Powers

Conduct elections
Establish local goverments
Regulate commerce "within" the state
Protect public health and safety
All other powers not delegated to the national government, nor denied to the states.
(Tenth Amendment)

Federal Supremacy

Should there be any conflict between a federal law (or Constitution) with any state law (or constitution), the federal laws prevail.

"This constitution, and the laws of the United States which shall be made in pursuance thereof;
and all treaties made, or which shall be made, under the authority of the United States
shall be the supreme law of the land; and the judges in every state shall be bound thereby,
any thing in the constitution or laws of any state to the contrary notwithstanding."

The Federal Supremacy clause: Article VI, Section 2