Federal Government And Dual Federalism

If the word “federalism” was to be broken down, then the term itself must has something to deal with the federal government, or the US government as a whole. However, this terminology has a whole opposite concept of the word itself, literally. Federalism is an idea of government powers that are divided by the national government and the states’ governments. National government is the one that is in charge of mailing and sending troops to wars,while states governments are the ones handing the licensing of occupations or licenses like driver licenses. With all this being said, federalism varies depending on which time era you are in. Back in 1788 to 1937, the United States lived under the concept of dual federalism. In a dual federalism, also …show more content…
The Constitution set up the basic outline of the federal system. The federal system divided the powers between the national government and the state governments. Also, it bound the individual states together under one national government. There were two very important court cases in early federalism. One was McCulloch v. Maryland in 1819. This case upheld the powers of the federal government. It also denied the states the right to tax the bank. This also allowed later cases to uphold the expansive powers of the federal government. The other case was Gibbons v. Ogden in 1824, this ruling upheld broad congressional power over interstate …show more content…
Enumerated powers, such as the power to regulate interstate and foreign commerce, the power to tax and spend, the war power, are specifically granted to the federal government by the Constitution. These powers are assigned to Congress, the President, and the Supreme Court in Articles I, II, III. In addition, reserved powers, such as licensing doctors, establishing public schools, and establishing local governments, are held solely by the states. The basis for the States ' reserved powers is found in the tenth amendment: "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." Concurrent powers, such as the power to tax, borrow money, and establish courts, are exercised by both national and state governments. Furthermore, implied powers are powers not explicitly stated in the Constitution. The concept of implied powers is found in the elastic clause or the necessary and proper clause also known as Article 1, Section 8, Clause 18 “The Congress shall have power …To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer