2 Federalism What is Federalism? A system of government in which a written constitution divides the powers of government on a territorial basis.A division between National government and regional/local government
3 Federalism Why Federalism? The “founding fathers” wanted the states to have as much power as possible.The Articles of Confederation gave all of the real power to the states.It was a failureThey (FF) did not want a tyrannical central governmentThat is why they left (England)
4 Federalism So how do we decide who has the power? The Constitution The Federal government is a government of delegated powers.It only has the powers that have been granted to it in the constitution.
5 Delegated Powers There are Three types of delegated powers: Expressed ImpliedInherent
6 Expressed Powers What is an expressed power? These are the powers that are spelled out in the Constitution.You can find them word for wordThere is no room for interpretationYou can find most of the expressed powers in Article 1 Section 8There in 18 clauses congress is given 27 specific powers.
7 Implied Powers What is an implied power? These are powers that are not expressly stated but are reasonably implied by the expressed powers.If they meant this then they must also have meant this.Ex. Building an interstate highway system.
8 Inherent PowersThese are powers that the national government has historically possessed.These are few in numberEx. To regulate immigration, deport aliens, protect against internal rebellion
9 Powers denied to the National Government These are denied in three ways by the Constitution.ExpresslyImpliedThey are not designed to have all the power.
10 States Powers States are governments of reserved powers. These are powers not given to the Federal government and not denied to the states.Ex. States can forbid persons under 18 to marry without parental permission.
11 Powers Denied to States Some powers are specifically denied to states.Ex. No state can enter into a treaty.Ex. No state can print or coin its own money.
12 Powers for both the Federal and States Some powers are specifically given to both.These are called concurrent powers.These are powers that are held and exercised at the same time.Ex. The power to tax.Some powers are specifically denied to both.
13 Supreme Law of the Land The division of powers is very complicated. This results in a large number of law suitsThe “framers” created the Supremacy Clause, Article VI, Section s
14 Supremacy Clause“This Constitution, and the laws of the United States which shall be made …. Shall be the Supreme Law of Land….Judges shall be bound by this law.”This creates a “ladder of laws”
15 City and County Charters “Ladder of Laws”U. S. ConstitutionActs of CongressState ConstitutionsState LawsCity and County Charters
16 What is the nations obligation to the states? Guarantee a Republican Government (representative government)Protect against invasionProtect from Domestic ViolenceRecognize the legal and physical boundariesAllow each state equal representation in the Senate
17 How do we get new States?Only Congress has the power to admit new states1st the area asks Congress admissionCongress passes an Enabling ActArea then creates a constitutionCongress approves constitutionCongress passes an Act of AdmissionPresident signs the actThe area is now a stateCongress may set conditions for admissionEx. UtahThey had to remove polygamy from their constitution before they were excepted.
18 What kind of Aid is Given? Federal Grants-in-AidMoney given, by Federal government, for a specific purpose and specific conditionsBlock GrantsMoney given, by the federal government, for a broad purpose with very few conditionsRevenue SharingThis program was in place fromIt shared Federal money with state or local governments.
19 What are interstate Compacts? They are agreements among statesThey regulate how states interactThere are around 200 interstate compacts
20 What do the terms Full Faith and Credit mean? States must honor one another’s laws and court actionsThis does not apply to Criminal mattersIt only applies to civil cases
21 What is Extradition?It is the legal process in which a criminal in one state is returned to the state from anotherThe Supreme Court has ruled that Governors must comply with an extradition orders issued by a federal court.
22 What are some privileges and Immunities? A resident of one state may not be discriminated against by another stateAll citizens must obey the laws of all other states while in those statesIgnorance of the law is no excuse