Lecture
3-2
Reserved
Powers 10th Amendment
• The
powers not delegated to the United States by the Constitution, nor prohibited
by it to the states, are reserved to the states respectively, or to the people.
•
US v Lopez
Reserved
powers: What do the states do?
• Reserved
powers are those powers belonging to the states that are not granted
exclusively to the national government nor prohibited to the states.
• The
Tenth Amendment has been used only rarely by the states in recent times as a
successful barrier to the exercise of Congress’s implied powers.
Reserved
powers: What do the states do?
•
Police Power
•
the power to protect the public peace, health,
safety, welfare and morals
Models
of Federalism
• Dual
federalism sees state and national governments as separate, with each
exercising its own powers in its own sphere
• Marble
cake federalism refers to intertwining relationships among national, state, and
local governments
Horizontal
vs Vertical Federalism
• Horizontal
– Different states doing different things “laboratories of democracy”
• Vertical
– States and National Government are separate
Local
Governments
• All
local governments are “creatures” of the state
• All
rules that apply to the state automatically apply to the local governments in
the state