THE FEDERAL SYSTEM

DIVISION OF POWERS

FEDERAL GOVERNMENT STATE GOVERNMENTS

Important "enumerated" powers Important "residual" or
"delegated" to Congress: FEDERAL AND STATE "reserved" powers retained by
the state governments:
To regulate interstate and GOVERNMENTS
foreign commerce To regulate suffrage
Important "concurrent" powers
To declare war To maintain a system of public
shared by Federal and State
To establish laws governing education
Governments:
citizenship To establish marriage and
To coin money To tax divorce laws
To control postal system To borrow money To establish laws governing
To regulate patents and To establish penal laws corporations
copyrights To charter banks To establish traffic laws
To establish lower courts To take property for public To regulate intra-state
To establish and support armed purposes with just commerce
forces compensation (This power is
Also, according to the 10th
called "eminent domain.")
Also there are "implied" powers Amendment, all powers (1) not
provided by the so called delegated to the federal
"elastic clause" (Art. 1 Sec. 8, governmet or (2) not prohibited
clause 18) granting the power to by the Constitution are reserved
pass all laws necessary and to the states or the people.
proper to carry out the
enumerated powers.

PROHIBITED POWERS
Powers denied the Federal Govt: Powers denied the State
To suspend the writ of habeas Governments:
Powers denied the Federal and
corpus (except in cases of To enter intro treaties with other
State Governments:
rebellion or invasion) nations or with other states
To pass bills of attainder
To give preferential treatment in without the consent of Congress
To pass ex post facto laws
commerce or revenue to the To coin money
To grant titles of nobility
ports of any state To impair obligations of contract
To draw money from the To place a tax on imports or
Treasury except under exports
appropriation under a specific To keep troops or ships in time
law of peace without consent of
To levy taxes on exports Congress
No person holding federal office
can accept a gift from a foreign
country without consent of
Congress