1. Chapter 4
The Federal System

2. Basic Principles Two levels of government
Each assumes power from the people (in a democratic form)
Each level is considered supreme in the areas of power assigned to it
Each level is protected by fundamental laws of the Constitution that prevent either level from destroying the other

3. Supremacy Clause Article VI, Section 2
Constitution is the Supreme Law of the Land
Order of supremacy
Constitution
Acts of Congress and Treaties
State Constitutions
State Statutes (laws)
City and County Charters

4. Role of National Government
Expressed Powers
Inherent Powers
Powers specifically spelled out in the Constitution
Also known as Enumerated Powers
Powers that the government has simply because it is a government of a sovereign state
Example: the power to regulate immigration or power to acquire territory by legal means
Implied Powers
Powers not expressly stated in Constitution but implied by powers expressly stated
“necessary and proper clause” or “elastic clause”
Example: Expressed power gives Congress to power to raise an army or navy therefore it is an implied power that they can call for a draft

5. Role of National Government
Denied Powers
Power expressly denied in the Constitution – cannot impose taxes on exports
Power denied because Constitution is silent on the matter – public schools
Powers denied because of the structure of the federal system – government cannot levy a tax on state governments

6. Role of State Governments
Reserved Powers
States allowed to exercise all powers not specifically given to national government
Example – each state has different requirements as to how you can obtain a driver’s license
Denied Powers
Powers expressly denied in Constitution – states cannot enter treaties with other countries
Powers denied because of the structure of federalism – states cannot declare war or tax national government

7. Common Roles Concurrent Powers
Powers given to both state and national government
Powers limiting both states and national government – Bill of Rights

8. power
p. 97

9. Admission of New States
Power granted to Congress
No state can be created by taking territory from a current state without consent
Subject to presidential veto
Enabling act – when signed by president allows people in the territory interested in becoming a state to prepare a constitution
Constitution then is approved by a popular vote in territory
Congress then passes an act making the territory a state

10. Interstate Relations: Full Faith and Credit
States must recognize legal proceeding from other states
Applies only to civil law
One state cannot enforce another state’s criminal law
Records = documents
Judicial proceedings = court actions

11. Interstate Relations: Privileges and Immunities
States cannot discriminate against the citizens of another state
Pass through states, marry, make contracts, do business
“reasonable discrimination” – voting, jury duty, use of public facilities, residency requirements to register to vote, attendance/tuition of state sponsored schools

12. Interstate Relations: Extradition
Governor of the state to which a fugitive flees is responsible for returning them
Supreme court has loosed the requirement to return the criminal
Some governors have and can refuse, most comply

13. Interstate Relations: Interstate Compacts
Written agreements between two or more states
National government or foreign countries can also be part of a compact
Congress must approve
Roads/bridges, pollution, business

14. Interstate Relations: Lawsuits
States can sue one another
Heard only in the Supreme Court
Water disputes, pollution, boundary lines

15. States’ Rightist Versus Nationalists
States’ rights position – favors state and local action in dealing with problems
States created the national government
States’ governments are closer to the people and can make better decisions based on the needs of the people
Nationalist position – favors national action in dealing with problems
People that created national and state governments
National government speaks for all people

16. Mandate and Restraint
Mandate – federal order requiring states to provide a service or undertake an activity in order to meet minimum requirements set by Congress
Restraint – Congress prohibits a state or local government from performing a specific function or power

17. Federalism and public policy
Sunset laws – these kind of laws require periodic checks of government to see if they are still needed
Sunshine law – prohibits official from holding closed meetings
Bureaucracy – organization of government administrators for the purpose of carrying out legislation