Presentation on theme: "National and State Powers"— Presentation transcript:
1 National and State Powers FederalismNational and State Powers
2 The Division of PowersThe Constitution divided government authority by giving the national government specified powers, reserving all other powers to the states or to the people.The American concept of federalism has changed with the times.Federalism is not a static but a dynamic relationship between levels of government.
3 National PowersDelegated Powers – the powers of the national government are known collectively as the delegated powersExpressed Powers – those powers stated directly in the Constitution – also called the enumerated powersImplied Powers – those powers that the national government requires to carry out the powers that are expressly defined in the ConstitutionThe basis for the implied powers is the necessary and proper clause (elastic clause) found in Article I, Section 8Implied powers have helped the national government strengthen an expand its authority.
4 Inherent Powers – those powers that the national government may exercise simply because it is a governmentControl immigrationEstablish diplomatic relations
5 States and NationReserved Powers - The Constitution reserves certain powers to the StatesThese powers are not listed in the Constitution, but the 10th Amendment grants to the states or the people those powers not delegated to the national governmentStates may exercise any power not delegated to the national government, reserved to the people denied them by the ConstitutionSchools, local governments, licensing
6 Supremacy ClauseThe Constitution, and the laws of the United States …. Shall be the supreme law of the land ….No state law or constitution may conflict with national lawStates create local governments
7 Concurrent PowersConcurrent powers are those powers the federal government and the states both have.Each level of government exercise these powers independentlyTax, maintain courts, define crimes, appropriate private property for public use …..
8 Denied PowersThe Constitution specifically denies some powers to all levels of governmentArticle I, Section 9 – Cannot tax exports …Powers denied the states are found in Article I, Section 10No treaties, Cannot coin money ….
9 Guarantees to the States The Constitution obligations to the StatesGuarantee each state a republican governmentProtect the States from invasion and domestic violenceRespect the territorial integrity of each State
10 Admission of New States The Constitution gives Congress the power to admit new statesNo state may be formed by taking territory from one or more states without the consent of the states involvedActs of admission, like all laws, are subject to presidential vetoThe admission begins with an enabling act when signed by the president, enables the preparation of a constitutionThe constitution after approval by popular vote is submitted to CongressCongress, then if agreeable, passes an act admitting the territory as a state
11 Five states were created from existing states – Vermont, Kentucky, Tennessee, Maine, and West VirginiaWest Virginia’s admission was controversial over approval by the Virginia legislatureTexas was admitted by joint resolution and skipped the territorial periodPuerto Rico has considered statehood, but rejected statehood by a vote in 1993
12 Conditions for Admission Congress or the president may impose conditions before admitting a new stateTaft required Arizona to change its constitution on the recall of judgesAlaska was prohibited from making claims for lands legally held by Native Americans or Aleuts
13 Equality of the StatesOnce admitted to the Union, each state is equal to every other state and has the right to handle its own affairsNo state has more privileges or fewer obligations than any otherEach state is legally separate from every other state in the UnionAll states are bound by the Constitution
14 The Supreme Court as an Umpire Because federalism divides the powers of government, disputes between the state and national government are common. The courts often settle disputes and acts as an umpireMcCulloch v Maryland the court ruled in favor of the National Government affirming its supremacy
15 Interstate Relations “Full faith and credit” The Constitution states that “full faith and credit” shall be given in each state to the public acts, records, and judicial proceedings of every other stateThis clause applies to civil laws, or laws relating to disputes between individuals, groups, or with the state – one state cannot enforce another state’s criminal lawPublic Acts refer to laws passed by state legislaturesRecords are documents like mortgages , deeds, leases …Judicial proceedings refer to judgments ..
16 Privileges and Immunities – as interpreted by the Supreme Court , this clause means that one state may not discriminate unreasonably against the citizens of another stateIncludes pass through or live in any state, use the courts, make contracts, buy, sell, hold property, marry ….Does not include voting, serving on juries, using certain public facilities or institutions …Residency requirements and higher fees are allowed
17 Interstate Compacts – written agreements between states Extradition – provides for the Governor of a state responsible for returning fugitivesInterstate Compacts – written agreements between statesUsed to settle disputes (boundaries)Deal with issues like air and water pollutionRegional problems – transportation of Hazardous materialsNational or foreign governments may be a partyCongress must approve interstate compacts
18 Evolution of Federalism Throughout American history there has been a dispute as to how federalism should operateStates Rights – favors state and local action in dealing with issuesBelieve the states created the national government and gave it limited powersNational government is an agent of the statesNationalist – favors national actionBelieve the people created the national and state governments, therefore, the national government is not subject to the states
19 Believe the “necessary and proper clause” means Congress has the right to adopt any means that are convenient and useful to carry out its delegated powers
20 Evolution of Federalism NationalismExpansion of national powerMarshall CourtBroad interpretation of National Governments PowerDual Federalism OneRoger TaneySeparate Distinct Powers – layer cakeSupported States RightsDual Federalism TwoPlessy v FergusonCivil Rights a matter for state governmentState powers grew, but not equal to national government
21 Cooperative Federalism 1930’s to 1960’sGrew out of reaction to FDR and New DealCooperation between levels - Marble CakeCourt began to allow national government to regulate most anything that affected stream of commerce
22 Creative Federalism New Federalism LBJ – The Great Society Grants Block – broad purposesCategorical – specific projectsNew FederalismReturn of responsibility to the statesNixon – Revenue SharingReagan eliminating categorical – favored block grants
23 Competitive Federalism States and federal government compete for power as well as states v states for federal fundsIntergovernmental lobbyFederal government controls the purse – the states handle the projectMandatesConditions of Aid
24 Growing National Government Growing National Government is based on the following:National supremacy clauseWar PowersRegulate Interstate and Foreign CommerceCommerce clause give national government power to regulate a wide range of human activity because few aspects of the economy affect commerce in only one stateTax and SpendCongress lacks authority to pass laws solely for the general welfare, but it may raise taxes and determine how to spend revenues for this purpose.