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Federalism

Federalism. Chapter 4. National Powers. Delegated Powers - Powers specifically granted in the Constitution. Expressed Powers – Powers directly expressed or stated in the Constitution by the founders. AKA- enumerated powers. Can be found in Articles of the Constitution.

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Federalism

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  1. Federalism Chapter 4

  2. National Powers • Delegated Powers - Powers specifically granted in the Constitution. • Expressed Powers– Powers directly expressed or stated in the Constitution by the founders. • AKA- enumerated powers. Can be found in Articles of the Constitution. • Examples: collecting taxes, regulating trade, declaring war.

  3. National Powers • Implied Powers- Powers not listed in the Constitution but are implied (suggested). • Necessary and Proper clause, Art 1 Section 8- Congress can “make all laws which shall be necessary and proper” for carrying out its duties. • AKA - “The Elastic Clause” • Helps the government strengthen and expand as needed. • Example: The Federal Reserve System (The Fed).

  4. National Powers • Inherent Powers- Powers that the government may exercise simply because it is a government. • Example: Congress regulates immigration and acquires territory.

  5. State Powers • The Constitution reserves certain powers for the States. • Reserved Powers- Powers granted to the states through the 10th Amendment. • Example: Establish local governments, conduct elections, set up public schools, ratify amendments.

  6. State Powers • Supremacy Clause, Art. 6, sect. 2 • “This Constitution, and the Laws of the US…shall be the Supreme Law of the Land…” • States may not pass laws that defy the Constitution.

  7. Concurrent Powers • Powers that both the national government and states have. • Example: Collect taxes, borrow money, make and enforce laws. • See Venn Diagram on page 93.

  8. Exclusive Powers • Most of the Powers that the constitution delegates to the National Government. • These powers can be exercised by the National Government alone. • Cannot be exercised by the States under any circumstances.

  9. The Supremacy Clause • Defines the order of things in the US, with the US Constitution being the highest law of the land…from bottom to top: 5. City and County Charters and Ordinances 4. State Statutes 3. State Constitutions 2. Acts of Congress and Treaties 1. United States Constitution

  10. Guarantees to the States • The Constitution allows the National government to do 3 things for the states: 1. Must guarantee each state a republican form of government. 2. Must protect states from invasion and domestic violence. 3. Has the duty to respect the territorial integrity of each state.

  11. Cooperative Federalism • The federal government helps the state governments, or vice-versa.

  12. Example: Disaster Relief 1. Local government responds, 2. The State Responds, 3. Damage Assessment, 4. A Major Disaster Declaration by the Governor, 5. FEMA Evaluates and makes a recommendation to the President, 6. The President Approves.

  13. Katrina

  14. Federal Grants-in-Aid • Grants-in-aid Programs- Grants of federal money or other resources to the States and/or their local governments. • Example: schools and colleges, roads and canals, flood control… • Morrill Act of 1862-grant money given to many states to start state colleges.

  15. Revenue Sharing • From 1972-1987, Congress gave a huge share of it’s annual tax $$ to the states, no strings attached. • The only restriction on this money was that it could not support a program that discriminates… • States liked this program, but because of budget restraints, the US government cut it in the 1980’s.

  16. Types of Federal Grants • Categorical Grants: made for a specific purpose, they have conditions (ex- airport construction).

  17. Types of Federal Grants • Block Grants: (very popular) more broadly defined, health care, social services, welfare…

  18. Types of Federal Grants • Project Grants: Made to states, and sometimes private agencies. • These grants often fund research or job training.

  19. Admitting New States • A new state cannot be created by taking territory from one or more of the existing States without the consent of the legislatures involved. • Only Congress has the power to admit new states.

  20. Admission Process • The area requesting statehood must make a request to Congress. • Enabling Act- An act directing the people of the territory to frame a proposed State Constitution. The enabling act must be passed by the Senate. • The people of the state must pass the constitution.

  21. Admission Process • If the people pass the constitution, then it is submitted to Congress. • Act of Admission- An act creating the new State. • The President must sign the act.

  22. Conditions • Utah was only admitted if it outlawed polygamy. • Alaska was only admitted as long as it did not claim any land belonging to the Native Americans.

  23. Interstate Relations • Parts of the Constitution deal with how the States must interact and treat one another. • States may not make treaties with one another, but with Congress’ permission, they may make Interstate Compacts.

  24. Interstate Compacts • These are agreements among the States that focus on solving problems they share. • Example: share law-enforcement information about criminals and juvenile delinquents. • Natural resources, tax collections, cooperative use of colleges.

  25. Full Faith and Credit • Article IV, states, “Full Faith and Credit shall be given in each State to the public acts, records, and judicial proceedings of every other State.” • Each state must honor the laws, records and court decisions of each state. • Applies only to civil matters. • There are limits, like divorce. May only divorce in the state you reside.

  26. Exceptions • It applies to Civil, not criminal matters (one state can’t be expected to enforce another state’s laws). • Certain divorce cases (where/when the couple were married, were they citizens of that state?).

  27. Interstate Citizenship • Privileges and Immunities Clause: • No state can discriminate against a person who lives in another State. • Does not apply to voting rules or stage college tuitions.

  28. Extradition • The legal process in which a person running from police in one State is returned by the police of another State. • 1987 – Puerto Rico V. Branstad, the Supreme Court ruled that federal courts can order a governor to extradite someone.

  29. Should States be Required to Enforce Federal Laws? • Pg. 109, Read the case and answer ?s 1-3. • Answer thoroughly and legibly. • Turn in when finished.

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