Source for concept in Constitution:
Amendment X: The powers not delegated to the
United States by the Constitution, nor prohibited by it to the states, are
reserved to the States respectively, or to the people.
Number of Governments in the US Today
| Government | Number |
| Federal Government | 1 |
| State Governments | 50 |
| Local Governments: | |
| Counties | 3,042 |
| Municipalities | 19,205 |
| Townships | 16,691 |
| Special Districts | 29,483 |
| School Districts | 14,728 |
| Total | 83,200 |
Powers of the National Government
| Expressed Powers | Constitutional or statutory powers that are actually stated in the Constitution or by congressional laws |
| Implied Powers | Powers that are implied by the expressed powers in the Constitution, particularly Article I, Section 8, Clause 18 (the "necessary and proper" or "elastic" clause) that gives Congress the power to make all laws "necessary and proper" for the federal government to carry out its responsibilities |
| Inherent Powers | Powers not expressed in the Constitution but which are necessary to ensure any nation's survival as a political unit (powers to make war, peace, enter treaties) |
| Prohibited Powers | The Constitution prohibits the federal government from certain actions (listed in Article I, Section 9 and the first 8 amendments to the Constitution) |
The Powers of the States
| Reserved Powers | The 10th Amendment states that the powers not delegated to the national government by the Constitution or prohibited to the states are reserved to the states "or to the people".(Because the 10th doesn't specify these powers, these powers have been defined differently at diffferent times. When there is widespread support for the federal government to do something, the 10th amendment often recedes into the background. The supreme Court is the final arbiter) |
| Prohibited Powers | Article 1, Section 10 denies certain powers to the states as do the 13th, 14th, 15th, 9th, 24th and 26th amendments |
| Concurrent Powers | Powers held by both the federal and state governments |
| Supremacy Clause | Article 6, Clause 2 makes the Constitution and federal laws superior to all conflicting state or local laws |
| Key Court Case:
|
Chief Justice John Marshall ruled that although no express power allowed the national government to form a national bank that the authority to do so could be implied if the establishment helps the national government to carry out its expressed powers. Marshall also established the supremacy of the national government by refusing to allow the state to tax the bank. This ruling became the basis for strengthening the national government's power. |
Types of Federalism
| Dual Federalism | Argues that the national and state governments are more or less equal partners with each having separate and distinct functions. |
| Cooperative Federalism | Views the national and state governments as complementary parts of a single governmental mechanism, the purpose of which is to solve the problems facing the entire US. Grew out of the New Deal, a program established by FDR to help the US out of the Great Depression and which emphasized many government spending and assistance programs and many regulations of economic activity. |
| New Federalism | An attempt to revitalize dual federalism during the 1970s-90s which involves devolving many powers back to subunits of government. |
Fiscal Federalism
The power of the national government to influence state policies through grants. Grants can include
categorical (for a specific purpose) and block (broad grants for general functional areas).
Competitive Federalism
A term coined by Thomas Dye which argues that business and citizens "vote with their feet" by moving to localities or jurisdictions that offer a competitive advantage (such as lax enforcement of pollution regulations).