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Chapter 4-FEDERALISM

Chapter 4-FEDERALISM. http://player.discoveryeducation.com/index.cfm?guidAssetId=7F90756A-E535-4656-8BB9-E25FA6BFE9C4&blnFromSearch=1&productcode=US.

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Chapter 4-FEDERALISM

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  1. Chapter 4-FEDERALISM

  2. http://player.discoveryeducation.com/index.cfm?guidAssetId=7F90756A-E535-4656-8BB9-E25FA6BFE9C4&blnFromSearch=1&productcode=UShttp://player.discoveryeducation.com/index.cfm?guidAssetId=7F90756A-E535-4656-8BB9-E25FA6BFE9C4&blnFromSearch=1&productcode=US

  3. The framers of the Constitution were dedicated to the concept of limited government-they believed to divide government power was to restrict it and prevent its abuse.Federalism divides the powers of government-each level of government has its own area in which to operate.A division of powers between the National Government and the States was implied in the original Constitution, then it was stated in the 10th Amendment to the Constitution

  4. The National government is a government of delegated powers it has only those powers granted to it in the Constitution. There are 3 types of delegated powers: expressed, implied and inherent.The Expressed powers are those delegated to the National Government expressly in the Constitution. They are spelled out. They include: the power to lay and collect taxes, to coin money, to regulate foreign and interstate commerce, to raise and maintain armed forces, and to declare war. Amendments to the Constitution contain several of the expressed powers: for example the 16th Amendment grants the power to impose the income tax.

  5. Implied powers are those not expressly stated in the Constitution, but implied by those that are. The Necessary and Proper clause is sometimes called the Elastic Clause, because it has been stretched to cover so many areas. For example, the government has used the power to regulate interstate commerce to act on measures like equal rights-anti-discrimination laws...

  6. Inherent powers-(1) powers that belong to the National Government because it is the national government-powers that national governments have traditionally possessed.(2) are very few in number(3) include the power to regulate immigration, to deport aliens, to acquire territory

  7. Powers denied to the National Government:1. the Constitution denies some powers to the National Government-expressly, for example, to deny the freedom of religion2. some powers are denied to the National Government because of the silence of the Constitution3. some powers are denied because the Constitution established a federal system of government-the national government does not have powers that can jeopardize the system created by the constitution.

  8. The Constitution reserves power to each of the States-the reserved powers are the powers held by the states in the federal system.Certain powers are denied to the States-for example, no state can enter into a treaty, or confederation, nor can any state print money or deprive a person of liberty, etc.There are more than 80,000 units of local government in the United States today. Local governments are parts or subunits of the various states.

  9. The Exclusive Powers are those that can be exercised only by the National Government. They include most of the delegated powers-for example the power to regulate interstate trade/commerce.The Concurrent powers are those powers that both the National and State Governments possess and exercise. The power to lay and collect taxes, define crimes and set punishments.

  10. The division of powers creates a situation where 2 governments exercise power over the same territory at the same time. The framers of the Constitution knew this would result in problems later on, so they wrote the Supremacy Clause into the Constitution. The Supremacy Clause creates a “ladder of laws” in the United States. The Constitution is on the topmost rung.

  11. The Supremacy Clause1. The United States Constitution2. Acts of Congress and Treaties3. State Constitutions4. State Statutes5. City and County Charters & OrdinancesThe Supreme Court is the umpire in the federal system-one of its chief duties is to apply the Supremacy Clause. The Supreme Court first applied the Supremacy Clause in 1819-

  12. The case was McCulloch v. Maryland. The state of Maryland hoped to cripple the Second Bank of the United States (the bank had been chartered by Congress) by taxing all notes issued by the Maryland branch. James McCulloch, a bank teller refused to pay the tax, the Maryland courts convicted Mr. McCulloch. The Supreme Court reversed the decision.

  13. The Nation’s Obligations to the States include:1.guarantee of a Republican form of Government-meaning a representative government2. protection against invasion and domestic violence-an attack on any of the 50 states, would constitute an attack on the United States. The National Guard has been called in on several occasions to assist the individual states. For example, in the 1960s during the riots of Detroit, and in Chicago and Baltimore following the assassination of Dr. Martin Luther King. The government also assists the states during periods of natural disasters such as flooding, fires, etc..

  14. 3.respect for territorial integrity-Article V of the Constitution declares that no State can be deprived of its equal representation in the US Senate without that state’s consent.Admitting New States-Only Congress has the power to admit new States to the Union. There is only one restriction-the state cannot be created by taking territory away from another state.

  15. Steps involved in a territory becoming a state:1.the area wishing to become a state petitions the Congress2.Congress passes an Enabling Act-which directs the framing of a state constitution.3.the voters of the area vote on the Constitution, it *is passed to Congress,4. if Congress approves it, they pass Act of Admission and the President signs it

  16. Cooperative Federalism-The American federal arrangement also involves a broad area of shared powers.Federal Grants-in-Aid Grants of federal money or other resources to the States and/or their counties, cities or other local units. A large number of the major State Universities were founded as land-grant colleges, built as a result of the Morrill Act of 1862.

  17. There are more than 500 grants-in-aid programs in action today. Grants-in-aid programs:1.grants federal money or other resources to the states,2.blurs the division of powers,3.permits the Federal Government to operate in many areas in which it would otherwise have no constitutional authorityBlock Grants-grants to State and local governments with more broadly defined purposes and fewer strings attached.

  18. Lulu payments-federal monies that go to local governments in those areas in which there are large federal landholdings-these payments are made “in lieu” of the government paying property tax to the local governments. Example: the arsenalState Aid to the National Government-The States and their local units of government also aid the National Government:1. state and local election officials conduct national elections2. naturalization of citizens takes place most often at the State, not Federal courts3. criminals wanted by the FBI are picked up many times by State and local law officers.

  19. Section 3Interstate Compacts:1.are agreements made among states2.may be entered with the consent of Congress 3.now number more than 200The Compact for the Supervision of Parolees and Probationers and the Compact on Juveniles enable the states to share important law-enforcement data and information.Full Faith and Credit-The Constitution’s requirement that each State accept the public acts, records and judicial proceedings of every other state.

  20. Exceptions to Full Faith and Credit:1. applies to civil, not criminal matters2. need not be given to certain divorces granted by one state to residents of another state. A divorce granted by a State court to a bona fide resident of that State must be given full faith and credit in all other States.Extradition-a legal process in which a fugitive from justice in a State is returned to that State from another.The Demanding State-State in which a person has been accused of a crime.

  21. The Asylum State-State to which the accused has fled.Governors have not always been obligated to return fugitives from the law. In 1987, the Supreme Court ruled in Puerto Rico v. Branstad, that federal courts can order an unwilling Governor to extradite a fugitive.

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