- Who has the power is called federalism
3.1 Conflict over Medical Marijuana
- Some states allow medical marijuana but the federal government doesn’t
- state vs national power
3.2 Federalism and the Constitution
Systems of Government
- Unitary - Central government holds the power
- Confederal - States have more power than the national government, states have sovereignty
- Federal - Authority is constitutionally divided between national and state governments
National and State Powers
- Enumerated powers - powers granted to national government in the constitution
- Includes exclusive powers - only the national government can do
- Implied powers - powers not explicitly given
- Some powers are denied by the constitution
Commerce, Necessary and Proper, and Supremacy Clauses
- Commerce clause - Congress has poower to regulate interstate and international trade, and with tribes
- Necessary and proper clause (Elastic clause) - Congress can pass laws to carry out its enumerated powers
- Supremacy clause - Constitution is the supreme law of the land
Powers of the State Government
- Tenth Amendments - powers that are not given to the federal govt are for the state govt
- Reserved powers - powers that were not given to the federal govt, they are the states
- Concurrent powers - allows state and federal govt to overlap