FEDERALISMFederal and State Relations

Chapter 4

CONSTITUTIONAL POWERS

The constitution grants 3 types of power to the national gov’t: expressed, implied, and inherentThese 3 powers are known as delegated powers

Expressed powers: are those powers directly expressed or stated in the ConstitutionFound in Articles I, II, & III

Implied powers: the powers that the national gov’t needs to carry out the expressed powersExample: the military draftThe basis for the implied powers is the

“necessary and proper clause” or the elastic clause

Article 1, section 8

CONSTITUTIONAL POWERS

Inherent Powers: are those powers that the national government may exercise simply because it is necessary to run/protect a countryExamples: control immigration, establish

diplomatic relations with other countries. Reserved powers: are those powers

reserved or saved strictly for the states (Thanks to the 10th amendment) –

anything not explicitly for the national government is saved for the states

Examples: gay marriage, the public school system

CONSTITUTIONAL POWERS

Concurrent Powers: are those powers that both the national gov’t and the state gov’t have.Example: the power to tax,

maintain courts, and define crimes.

Denied powers: the powers the Constitution specifically states that the national gov’t cannot do. (Article 1, section 9)Examples: can’t tax exports, can’t

interfere with the states ability to carry out its responsibilities

National Government (expressed powers, implied powers, & inherent powers)

State Government

(reserved powers)

National & State Govt.(concurrent powers)

•Regulate foreign and interstate commerce

•Coin money (make money)

•Provide an army and navy•Declare War

•Establish federal courts below the Supreme Court•Conduct foreign relations

•Exercise powers implied from the expressed powers

•Regulate Intrastate commerce•Establish local government systems

•Administer elections

• Protect the public’s health,

welfare, and morals

•Levy taxes

•Borrow money•Spend for general welfare•Establish courts

•Enact and enforce laws

GUARANTEES TO THE STATES

Republican form of government Example: Southern

states after the Civil War Protection

Foreign invasion Domestic disorder Natural disaster

Territorial Integrity The gov’t won’t take

land from any state to create a new state without the permission of the state legisature.

ADMISSION OF NEW STATES

To become a state: Territory State constitution

approval and “Welcome to the

family” … statehood! Equality of the states

Once admitted to the Union you are equal to every other state both in privileges and in obligations

STATE VS. FEDERAL POWERTHE GREAT TUG-O-WAR Question:

Gun Control. Who should call the shots?VideoWhat do you think after viewing the video?

Should the Govt have that sort of regulatory power?

Should the States control guns because they are closer to the matter?

In what ways does the federal government step on the rights of the states? Why?

What is the advantage of the state government making laws for the people?

What is the role of the federal government in dealing with state law?

FEDERALISM AT WORK:THE AFFORDABLE HEALTHCARE ACT

Question: Does Congress have the power to require that nearly all Americans purchase health insurance as part of a larger regulatory scheme to lower health care costs and expand health care coverage?

Video on the Commerce Clause Proceed to Activity

You will have two days to work on this in class

You will be presenting on Tuesday of next week

RELATIONS AMONG THE STATES

Full Faith and CreditEach state must recognize the laws and

legal proceedings of the other states.Such as: public acts, records, judicial

proceedings Privileges and Immunities

States cannot discriminate unreasonably against citizens of other states

Included: you may pass through or live in any state; use the courts; make contracts; buy, sell, and hold property, marry.

“privileges and immunities” does not include voting, serving on juries, and using certain public facilities.

RELATIONS AMONG THE STATES

ExtraditionTo prevent criminals from escaping

justice simply by going from one state to another.

Interstate CompactsAgreements between states that must

be approved by Congress Lawsuits between states

These cases are heard and decided by the federal courts

Examples: disputes over water rights, pollution, boundary lines

TYPES OF FEDERALISM Dual

Often called “layer cake”Federal and state governments act within

their own realm – Constitution is the glue Lincoln and the secession of the South

Federalism that was in place until the New Deal

CooperativeOften called “marble cake”Federal and state governments often share

powers causing a blending between the two spheres

Began with the New DealCharacterized by the movement of money

between the Federal and State governments

A form of leverage to get States to work within Federal policies

MONEY, MONEY, MON-NEE! Grants-in-aid

Block –States favorCategorical – Federal Govt favorsNew Federalism – Nixon

MandatesFundedUnderfunded – No Child Left BehindUnfunded