Describe the powers given to local governments.

The Constitution establishes the framework of federalism, specifically enumerating the powers of the national government and reserving all other powers to state and local governments.

The powers granted to the national government by the Constitution are of two types: express powers and implied powers. Express powers are those explicitly and expressly mentioned in the Constitution. Implied powers are those which can reasonably be assumed to flow from express powers. For example, the Constitution expressly authorizes the Congress to “coin Money [and] regulate the Value thereof” (see Article I, Section 8). The formation of a national bank is an implied power, because it is “necessary and proper for carrying into Execution the foregoing Power.”

Express Powers

Most of the powers expressly granted to the national government are actually granted to the Congress in Article I, Section 8 of the Constitution. These include the power to:

• Lay and collect taxes
• Borrow money on the credit of the United States
• Regulate commerce with foreign nations and among the states
• Establish post offices and post roads
• Issue patents and copyrights
• Establish federal courts “inferior to the supreme Court”
• Declare war
• Raise and support armies, and provide and maintain a navy
• Nationalize the state militias (National Guard) to execute the law, suppress rebellions, or repel invasions
• Exercise “exclusive Legislation” over the District of Columbia and federally owned land

Additionally, the president of the United States is given almost exclusive authority to conduct foreign affairs. This authority includes the power to:

• Act as the commander in chief of the Army, Navy, and National Guard (when called into service)
• Grant “Reprieves and Pardons,” except in the case of impeachment
• Make treaties with other nations with the “Advice and Consent” of two thirds of the Senate
• Appoint ambassadors, Supreme Court justices, and all other “Officers of the United States” (including cabinet members) with the support of a majority in the Senate

In practice, the president’s role as commander in chief has empowered the president to “make war” even when the Congress has not “declared” war. Note, however, that the Congress does not have the power to make war. This responsibility lies with the president. The exercise of these powers is covered in more detail in lesson 10.

Article III grants the Supreme Court jurisdiction over “all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.”

Removing all ambiguity about the extent of the national government’s authority, Article VI declares that “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.”