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WHY FEDERALISM ???

WHY FEDERALISM ???. It creates a strong central government but preserves the strength of the states. 10 th Amendment. “The powers not delegated to the United States by the Constitution, nor prohibited by it, are reserved to the states respectively or to the people.”.

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WHY FEDERALISM ???

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  1. WHY FEDERALISM ??? It creates a strong central government but preserves the strength of the states.

  2. 10th Amendment • “The powers not delegated to the United States by the Constitution, nor prohibited by it, are reserved to the states respectively or to the people.”

  3. Expressed or Enumerated Powers • The Constitution lists 27 in Article 1, Section 8. • Examples – (list 5 starting on page 89)

  4. Implied Powers • These are not stated in the Constitution BUT in Article 1, Section 8, Clause 18 it says that Congress has the power to make all laws which are “necessary and proper” to carry out the Expressed Powers” • Examples (list 5 from page 90)

  5. Inherent Powers • These are powers the Federal government has just because it is a government. • Examples • Regulate immigration • Deport aliens • Acquire territory • Grant diplomatic recognition • Protect against rebellion

  6. Denied Powers • The government can only exercise those powers given to it by the Constitution • Examples of denied powers = • The power to create a public school system • The power to create a uniform marriage /divorce law • The power to create local governments • The power to tax states in performance of their governmental duties

  7. Reserved Powers • Any power not given to the Federal government and RESERVED for the states. • Examples • Setting the age limit to buy liquor • Setting the age people can marry without parental consent

  8. Concurrent Powers • Powers that both the Federal government and the States can exercise are called concurrent powers • Examples • Levy and collect taxes • Define crimes • Set crime punishments • Claim property for public use • (a complete list is found on page 93)

  9. Some Basics . . . • 1. Invasion of 1 of the 50 states would be taken as an attack on all 50. • 2. Extradition refers to the return of criminals who flee across state lines to avoid capture. • The governor of one state asks the governor of the capture state to extradite the criminal back to their state to stand trial.

  10. Admitting a new state • Enabling Act – directs the people of a territory to write a state constitution which is then put out to the people and either accepted or rejected by popular vote. • Act of Admission – if Congress accepts the new Constitution, this act creates a new state.

  11. Federal Cooperation with the States Grants-in-aid: Federal money given to the states and/or their cities, counties and local governments. • Used to build schools, colleges, build roads or flood control dams, etc. • Local Examples: • Land grant colleges such as the U of I • Cement river bed going through Colfax.

  12. Or maybe . . . • Revenue Sharing • The federal government gives each state part of the tax money collected back to the state in forms of grants and shares with • “no strings attached”, very few restrictions (states LOVE this kind of government money!) • However, this money cannot be spent on any program that discriminates.

  13. Grants • Categorical – Given for some sort of specific, closely defined purpose. • used for school lunches, airports and sewage plants • Block – can be used more broadly for specific community needs. • health care agencies, social services, welfare programs. • Project – Money from specific Gov’t agencies for defined projects. • Some are given, others must be applied for. • used for research, job training, beautification projects and restoration projects.

  14. Other types of Federal Aid • 1. The FBI works with the state and local police to solve and investigate crimes. • 2. The national army trains the state National Guard. • 3. The Census Bureau shares information on schools, water usage, housing demands and employment figures. • 4. Give “LULU” payments – this is money that comes to replace lost taxes where the federal government owns much of the land . . In Idaho we are compensated this way because 60% of Idaho is federal land we can not tax.

  15. How do the States help the Federal Government ? • 1. they organize and run all elections – local, state and national • 2. they conduct naturalization classes so immigrants can become citizens. • 3. they capture and hold federal criminals for the national government and federal courts.

  16. Interstate Cooperation • Interstate compacts are between states or a state and a foreign country (these often have to do with trade, law enforcement/parolees, data sharing or environmental issues • Full Faith and Credit comes from Article 4 and it means that each state recognizes and accepts the legal documents of each individual state (state public acts, records and judicial proceedings) such as alimony payments, child custody decisions, marriage licenses, birth/death certificates and divorce papers. • Privileges and Immunities are given to people coming from other states such as welfare food stamps, tax breaks and ownership or renting rules.

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