Concurrent powers include
taxation, establish courts, build roads
Reserved powers of the states are held in two primary areas under the current federal structure
- education
- issue licenses to citizens of the state to engage in certain activities
examples: license to drive, license to hunt, license to practice cosmetology, license to marry, license to kill (kidding)
As we have discussed, the Constitution is a very logical document. As an outline for government, if Article I Section 8 identifies the powers that Congress has, does it not stand to reason that Article I Section 9 would identify the powers that Congress does not have? ..... Yes
Look at Article I Section 9
For a brief description of what is denied, read the description on p.100
Student: "Wow, the Constitution sure has a lot to say about the different powers that each level of government have."
Teacher: "It sure does Timmy."
Student: "Does the Constitution say anything else about what government can or can't do?"
Teacher: "It sure does Timmy. Do you want to hear about it?"
Student: "Boy, do I!"
Article IV Section 1 - 'full faith & credit clause'
so long as the conditions are similar, all contracts, licenses, etc issued by one state must be recognized by the other states (based on the principle of reciprocity)
Article VI Clause 2 - 'supremacy clause'
"This Constitution, and the 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"
This was clarified in the case of McCulloch v Maryland (1819) - see p.107
Dual Federalism is the concept that both state government and national government are completely sovereign and authoritative within their separate sphere of influence. History shows us, however, that conflict and tension between state and national government are inherent in the system. Let's look at a select, brief history of it.
- The Bank of the United States (necessary & proper clause)
- McCulloch v Maryland (supremacy clause)
- Nullification crisis ('might makes right')
- Secession & Civil War (14th Amendment)
- Progressive regulations (commerce clause)
- The New Deal (cooperative federalism)
- The Great Society (creative federalism)
- The Conservative Era (new federalism / devolution)
