American Federalism

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American Federalism
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Constitutional Structure of American Federalism

• Constitutional Framework

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Key Terms

• Delegated or Expressed Powers
• Implied Powers
• Necessary and Proper Clause
• Inherent Powers
• Reserved Powers
• Concurrent Powers

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National Government Supreme

• Supremacy Clause
• Commerce Clause
• War Power Clause
• Power to tax and spend

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National Government Supreme

• Article VI of the Constitution

• Supremacy Clause
• Commerce Clause
• War Power Clause
• Power to tax and spend

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, anything in
the Constitution or laws of any State to the
contrary notwithstanding.
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National Government Supreme

• Supremacy Clause
• Commerce Clause
• War Power Clause
• Power to tax and spend

• Article I, Section 8, Clause 1

• Gibbons v. Ogden, 1824
• upheld national supremacy
• commerce intercourse between the states

The Congress shall have power to . To regulate
commerce with foreign nations, and among the
several states, and with the Indian tribes
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National Government Supreme

• Supremacy Clause
• Commerce Clause
• War Power Clause
• Power to tax and spend

• Article I, Section 8, Clause 1

The power to wage war is the power to wage war
successfully. -Charles Evans Hugh, 1930
The Congress shall have power to . To declare
war To raise and support armies To provide and
maintain a navy To make rules for the government
and regulation of the land and naval forces To
provide for calling forth the militia to execute
the laws of the union, suppress insurrections and
repel invasions To provide for organizing,
arming, and disciplining, the militia, and for
governing such part of them as may be employed in
the service of the United States, reserving to
the states respectively, the appointment of the
officers, and the authority of training the
militia according to the discipline prescribed by
Congress
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National Government Supreme

• Supremacy Clause
• Commerce Clause
• War Power Clause
• Power to tax and spend

• Article I, Section 8, Clause 1

The Congress shall have power to lay and collect
taxes, duties, imposts and excises, to pay the
debts and provide for the common defense and
general welfare of the United States