American Government and Politics Today, Brief Edition, 2014-2015

CHAPTER THREE • FEdERAlISM 49

Enumerated Powers

Powers specifically

granted to the national

government by the

Constitution. The first

seventeen clauses of

Article I, Section 8, specify

most of the enumerated,

or expressed, powers of

the national government.

Elastic Clause, or

Necessary and Proper

Clause

The clause in Article I,

Section 8, that grants

Congress the power to

do whatever is necessary

to execute its specifically

delegated powers.

Arguments against Federalism

Not everyone thinks federalism is such a good idea. Some see it as a way for powerful

state and local interests to block progress and impede national plans. Smaller political

units are more likely to be dominated by a single political group. (This was essentially the

argument that James Madison put forth in Federalist Paper No. 10, which you can read

in Appendix C of this text.) In fact, the dominant groups in some cities and states have

resisted implementing equal rights for minority groups. Some argue, however, that the

dominant factions in some states have been more progressive than the national govern­

ment in many areas, such as environmental protection.

Critics also feel that there is too much inequity among the states, so they call for

increased federal oversight of various programs. Others, however, see dangers in the

expansion of national powers at the expense of the states. President Ronald Reagan

(1981–1989) said, “The Founding Fathers saw the federalist system as constructed

something like a masonry wall. The States are the bricks, the national government is the

mortar.... Unfortunately, over the years, many people have increasingly come to believe

that Washington is the whole wall.”^3

The Constitutional Basis for American Federalism

The term federal system cannot be found in the U.S. Constitution. Nor is it possible to find

a systematic division of governmental authority between the national and state govern­

ments in that document. Rather, the Constitution sets out different types of powers. These

powers can be classified as (1) the powers of the national government, (2) the powers of

the states, and (3) prohibited powers. The Constitution also makes it clear that if a state or

local law conflicts with a national law, the national law will prevail.

Powers of the National Government

The powers delegated to the national government include both expressed and implied

powers, as well as the special category of inherent powers. Most of the powers expressly

delegated to the national government are found in the first seventeen clauses of Article I,

Section 8, of the Constitution. These enumerated powers, also called expressed powers,

include coining money, setting standards for weights and measures, making uniform natu­

ralization laws, admitting new states, establishing post offices and post roads, and declar­

ing war. Another important enumerated power is the power to regulate commerce among

the states—a topic we deal with later in this chapter.

The Necessary and Proper Clause. The implied powers of the national government

are also based on Article I, Section 8, which states that the Congress shall have the power

[t]o make all Laws which shall be necessary and proper for carrying into Execution the

foregoing Powers, and all other Powers vested by this Constitution in the Government

of the United States, or in any Department or Officer thereof.

This clause is sometimes called the elastic clause, or the necessary and proper clause,

because it provides flexibility to our constitutional system. It gives Congress the power to

3. As quoted in Edward Millican, One United People: The Federalist Papers and the National Idea
   (Lexington: The University Press of Kentucky, 1990).

LO2: Describe how the various

provisions of the U.S. Constitution

provide a framework for federalism.

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