
The American System
"The federal and State governments are in fact but different agents and trustees of the people, constituted with different powers, and designed for different purposes. The adversaries of the Constitution seem to have lost sight of the people altogether in their reasonings on this subject; and to have viewed these different establishments, not only as mutual rivals and enemies, but as uncontrolled by any common superior in their efforts to usurp the authorities of each other. These gentlemen must here be reminded of their error. They must be told that the ultimate authority, wherever the derivative may be found, resides in the people alone, and that it will not depend merely on the comparative ambition or address of the different governments, whether either, or which of them, will be able to enlarge its sphere of jurisdiction at the expense of the other. Truth, no less than decency, requires that the event in every case should be supposed to depend on the sentiments and sanction of their common constituents."
- James Madison
Inherent Powers?
Implied Powers?
Powers that the government is not specifically given, but logically assumed to have in order to function.
Powers that are not specifically in the Constitution, but nonetheless exercised by the government for the purpose of effectively running the country.
For Example?
For Example?
*president must execute all laws*
*executive orders given by the president*
*the president decides how the laws are enforced*
*creation of national bank*
*regulation of railroads and shipping*
*maintenance of highways*
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Federal Powers?
Powers held soley by the federal government.
State Powers?
For Example?
Powers held singularly by the state governments.
*establish a postal system*
*regulate interstate commerce*
*protect copyrights/patents*
For Example?
*establish local governments*
*regulate marriage*
*establish and regulate corporations*

Federalism?
Definition: The distribution of power between the federal and state governments

*For example, while the federal government holds the power to to coin money, state governments do not.*
Social Condition?
Prohibits discrimination based on sex, race, color or age. Public policies must respect this fundamental human right.