AS.190.101 Lecture Notes - Lecture 6: Fifth Amendment To The United States Constitution, Incorporation Of The Bill Of Rights, Commerce Clause
Document Summary
Federalism is the division between the two layers of government, the national and the state government. Evolution: federalism in the constitution: constitution grants few expressed powers to the national government and reserve the rest to the states in the 10th amendment. It does, however, provide the national government with implied powers in the necessary and proper clause which has allowed the national government to expand considerably. Supremecy clause gives national laws and treaties the supreme law of the land: the powers granted to the states were called reserved powers in the 10th amendment of the bor. Powers: the power reserved to the government to regulate the health, safety, and morals of its citizens. Their most powerful power is that of coercion, enforce criminal codes, administer health and safety rules, regulate marriage and divorce laws. They have the power to define private property. Concurrent powers with the national government such as the power to levy taxes: dual federalism cooperative federalism.