Constitutional Basis Of Federalism Essay

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The Constitutional Basis of Federalism

I. The Division of Power
i. Clearly defines powers of states and feds ii. Supremacy clause: Constitution, constitutional national laws, and constitutional treaties trump state laws (Article VI)

iii. Tenth Amendment: Powers not explicitly given to the federal government are given to the states
a. US v. Darby: Amendment X means that states have their own powers, not that states’ powers are superior to those of the feds
b. Garcia v. San Antonio Metro: Congress decides which powers the states have, not the courts iv. Eleventh Amendment: prohibits individual damage suits against state officials or state II. Establishing National Supremacy
i. Implied Powers
a. Enumerated Powers: Powers specifically addressed in the Constitutions
b. Implied Powers: Not expressly given to the federal government but implied by the “necessary and proper” statement o McCulloch v. Maryland: National supremacy, implied powers
c. Elastic Clause: Article I, Section 8 “necessary and proper” clause ii. Commerce