Dual Federalism & the Separation of Powers

So, federalism establishes a model in which the national government has its power but the states have some level autonomy to do what they wish, right?

Perhaps it is not that easy and clean. The Constitution does not clearly lay out the parameters for this system of dual federalism. It enumerates some powers for the national government and reserves some for the states.

 - Enumerated powers (aka - delegated powers): those powers specifically given to the national government in the Constitution

 - Reserved powers: those powers reserved for the states (see Amendment X)

 - Inherent powers: those powers not spoken of but which are, by their nature, powers of a national government

This will leave us with what?

Instead of being totally confused by the federal system (marble cake style) let's try and figure out who does what?

Article I Section 8 of the Constitution pretty clearly lays out what the Congress can do in Clauses 1-18

"The Congress shall have the power to...."

AI S8 C1 - levy taxes

A1 S8 C2 - borrow money

A1 S8 C3 - regulate commerce (Ahh, the commerce clause. This will be important later on.)

........

A1 S8 C11 - declare war

A1 S8 C12 - raise an army

A1 S8 C13 - raise a navy

........

A1 S8 C18 - "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by the Constitution in the government of the United States or in any department or officer thereof."

         (This is the coup de grace. This is what is known as the 'necessary and proper' clause)

 The 'necessary & proper' clause gives Congress what we call implied powers. The are not enumerated anywhere, but can be implied by a reading of the Constitution. 

Contrast that with the 10th Amendment.

Brook Lopez just had the inherent contradiction
in the Constitution explained to him during a timeout.

Will someone please give us a sign! Tell us, what are we to do if ever the national government's laws and a state government's laws contradict!

A6 C2 - The Supremacy Clause

"The Constitution, and laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding."

But wait....there's more.

Since Article 1 Section 8 tells you everything Congress can do, they included Article 1 Section 9 to spell out what Congress cannot do.

Does your brain hurt yet? More to come.....