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A protection of Liberty against Tyranny
RESERVEDPOWERS
DELEGATEDPOWERS
CONCURRENTPOWERS
ImpliedPowers
InherentPowers
Powers delegated to the Federal Government
Powers shared by both the Federal and State Governments
Powers reserved to the State Governments
DELEGATED (EXPRESSED, ENUMERATED): ACTUALLY LISTED IN THE CONSTITUTION (ESPECIALLY ARTICLE I, SECTION 8)
IMPLIED: NOT STATED, SUGGESTED IMPLICITLY. STEMS PRIMARILY FROM THE “NECESSARY AND PROPER CLAUSE.” (“Elastic Clause”)
INHERENT: NOT STATED, BUT GENERALLY HELD TO BE THE PEROGATIVE OF ANY SOVEREIGN GOV’T.
AMENDMENT 10
EXAMPLES: ESTABLISHING VOTING REQUIRMENTS, RUNNING ELECTIONS, LICENSING PROFESSIONALS, PROTECTING COMMUNITY HEALTH, ESTABLISHING A VEHICLE CODE
GRANTED TO CONGRESS, BUT NOT DENIED THE STATESHELD BY BOTH NAT’L AND STATE GOV’TS
EXAMPLES: TAXING, BORROWING, ESTABLISHING COURT SYSTEM, ESTABLISHING LAW ENFORCEMENT AGENCIES
NATIONAL GOV’T SUPREME IN CASE OF CONFLICT (SO LONG AS THE FEDERAL LAW IN QUESTION IS CONSTITUTIONAL).
QUESTIONS OF FEDERAL V. STATE AUTHORITY DECIDED BY COURTS
DUAL FEDERALISM
PREVALENT THROUGH 1937
STATE AND NAT’L GOV’TS EACH REMAIN SUPREME
POWERS AND POLICY ASSIGNMENTS OF THE LAYERS OF GOV’T DISTINCT, AS IN A LAYER CAKE.
PREVALENT SINCE 1937
COOPERATIVE FEDERALISM
MINGLING OF RESPONSIBILITIES BETWEEN THE STATE AND NAT’L GOV’T
SHARING OF POLICY AND POWER ASSIGNMENTS AS IN A MARBLE CAKE