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Chapter 4 - FederalismChapter 4 - Federalism
Section 1: Division of Powers
Section 1: Division of Powers
Monarchy was too strong, Articles of Confederation was too weak
THUS WE HAVE FEDERALISM!!!
Monarchy was too strong, Articles of Confederation was too weak
THUS WE HAVE FEDERALISM!!!
FEDERALISM is a system of government in which a written Constitution divides the power of government on a territorial basis between a CENTRAL, or national government and several regional governments, usually called states or provinces
FEDERALISM is a system of government in which a written Constitution divides the power of government on a territorial basis between a CENTRAL, or national government and several regional governments, usually called states or provinces
let’s break it downlet’s break it down
DIVISION OF POWERS
Constitution assigns specific powers to the national government and certain powers to the states or provinces
DIVISION OF POWERS
Constitution assigns specific powers to the national government and certain powers to the states or provinces
EXPRESSED POWERS -
Delegated in words, also called enumerated
Examples: lay and collect taxes, President as commander in chief
EXPRESSED POWERS -
Delegated in words, also called enumerated
Examples: lay and collect taxes, President as commander in chief
Powers of the National Government
Powers of the National Government
IMPLIED powers - not expressly stated but are reasonably suggested or implied.
Necessary and PROPER Clause to fulfill duties...AKA the ELASTIC CLAUSE
Examples: Interstate highways, prohibit racial discrimination in restaurants, hotels, motels etc
IMPLIED powers - not expressly stated but are reasonably suggested or implied.
Necessary and PROPER Clause to fulfill duties...AKA the ELASTIC CLAUSE
Examples: Interstate highways, prohibit racial discrimination in restaurants, hotels, motels etc
INHERENT POWERS - Powers the Constitution has presumed to delegate to the national government because it is the government of a sovereign state within the world community
Exists because the United States Exists
Examples - regulate immigration, acquire territory, deport undocumented aliens
INHERENT POWERS - Powers the Constitution has presumed to delegate to the national government because it is the government of a sovereign state within the world community
Exists because the United States Exists
Examples - regulate immigration, acquire territory, deport undocumented aliens
Powers denied to the national government -
Denied because of silence of the CONSTITUTION - those not implied, EXPRESSED or inherent
Powers denied to the national government -
Denied because of silence of the CONSTITUTION - those not implied, EXPRESSED or inherent
The States
RESERVED (state) powers - those powers that the Constitution does not grant to the national government and does not, at the same time, give to the states
Examples: marrying under 18 without consent, public schools, licenses
The States
RESERVED (state) powers - those powers that the Constitution does not grant to the national government and does not, at the same time, give to the states
Examples: marrying under 18 without consent, public schools, licenses
EXCLUSIVE/ENUMERATED Powers - powers exercised by the national government alone.
Examples:
Make Way, Treaties
EXCLUSIVE/ENUMERATED Powers - powers exercised by the national government alone.
Examples:
Make Way, Treaties
CONCURRENT POWERS -
both state and national government can possess and exercise.
Examples:
Tax, build roads, borrow $, have courts
CONCURRENT POWERS -
both state and national government can possess and exercise.
Examples:
Tax, build roads, borrow $, have courts
Supremacy Clause
the CONSTITUTION is the Supreme LAW of the Land
Supremacy Clause
the CONSTITUTION is the Supreme LAW of the Land
National Government and the 50 States
National Government and the 50 States
CONSTITUTION requires
national government to guarantee certain things to the states
Makes it possible for the national government to do certain things for the states
CONSTITUTION requires
national government to guarantee certain things to the states
Makes it possible for the national government to do certain things for the states
REPUBLICAN form of government
PROTECT the States against invasion
PROTECT the state from violence (this allows federal officials to enter a State to restore order or to help in a disaster)
REPUBLICAN form of government
PROTECT the States against invasion
PROTECT the state from violence (this allows federal officials to enter a State to restore order or to help in a disaster)
Nation’s obligation to the States
Nation’s obligation to the States
Admitting New StatesAdmitting New States
Only CONGRESS has this power.
Cannot be created by TAKING territory from one or more existing states without the consent of the legislature of the states involved
Only CONGRESS has this power.
Cannot be created by TAKING territory from one or more existing states without the consent of the legislature of the states involved
ProcedureProcedure
1. area asks CONGRESS for admission
2. Congress passes an ENABLING act - directing them to propose a state Constitution
3. POPULAR vote on the Constitution in the proposed states
1. area asks CONGRESS for admission
2. Congress passes an ENABLING act - directing them to propose a state Constitution
3. POPULAR vote on the Constitution in the proposed states
4. Submitted to Congress for viewing and editing
5. Act of Admission - creates a new state
6. President signs
4. Submitted to Congress for viewing and editing
5. Act of Admission - creates a new state
6. President signs
Federal Grant in Aid
Grants of federal money or other resources to the states or localities. Helps them perform a large share of their everyday functions.
Federal Grant in Aid
Grants of federal money or other resources to the states or localities. Helps them perform a large share of their everyday functions.
Cooperative FederalismCooperative Federalism
Revenue Sharing 1972-1986
Congress gave an annual share of the huge federal tax revenue to the states and their localities.
virtually no strings attached
Revenue Sharing 1972-1986
Congress gave an annual share of the huge federal tax revenue to the states and their localities.
virtually no strings attached
Categorical Grants
Made for a specific, closely defined purpose.
examples: school lunches, construction of airports,
Categorical Grants
Made for a specific, closely defined purpose.
examples: school lunches, construction of airports,
Block Grants
More broadly defined purposes than categorical grants
ex. health care, social services, welfare
Block Grants
More broadly defined purposes than categorical grants
ex. health care, social services, welfare
Project Grants
made to States, localities, and sometimes private agencies that apply to them.
ex. grants for scientists, job training
Project Grants
made to States, localities, and sometimes private agencies that apply to them.
ex. grants for scientists, job training
Interstate RelationsInterstate Relations
INTERSTATE Compacts: agreements among each other and with foreign statesINTERSTATE Compacts: agreements among each other and with foreign states
Constitution’s requirement that each state accept the public acts, records, and judicial proceedings of every other state
Constitution’s requirement that each state accept the public acts, records, and judicial proceedings of every other state
Full Faith and Credit Clause
Full Faith and Credit Clause
exceptions
Civil, not criminal matters
divorces granted in one state to residents of another
exceptions
Civil, not criminal matters
divorces granted in one state to residents of another
Extradition
The legal process by which a fugitive from justice in one state is returned to another
Extradition
The legal process by which a fugitive from justice in one state is returned to another
Privileges and Immunities Clause
all citizens are entitled to certain privileges and immunities regardless of their state of residence. no state can draw unreasonable distinctions between its own residents and those who live in other states
ex. college tuition, allow everyone to make a contract
Privileges and Immunities Clause
all citizens are entitled to certain privileges and immunities regardless of their state of residence. no state can draw unreasonable distinctions between its own residents and those who live in other states
ex. college tuition, allow everyone to make a contract
