Federalism The Division of Power and the Relation to the 50 States

What are Delegated Powers? 1.Expressed Powers – spelled out, 27 2.Implied Powers – reasonably suggested – “Necessary and Proper” clause p.90 or the elastic clause – building dams, regulation of labor, hwys. 3.Inherent Powers – belong because the national government is a sovereign state – regulate immigration, deport aliens, diplomatic relations

Division of Power p 93 Reserved Powers - only for the state Delegated or Exclusive Powers – only National government Concurrent – shared powers Local governments – not addressed in the Constitution but are the administrative arms of the state

Supremacy Clause See diagram p 94 Constitution is the Supreme Law of the land The Supreme Court is the Umpire

What are the Nation’s Obligations to the States? Ensure a republican form of government Protect against invasion and Internal disorder – see disaster process p 98 Respect Territorial integrity of the states Admitting new states – enabling act – act of admission, Congress can set conditions

Cooperative Federalism Grants-in-aid programs – grants of federal money given to states, local units for various projects – colleges, depression Revenue sharing – gave states a share of tax revenue – not used now Categorical grants – for a specific purpose – school lunch programs – conditions attached Block grants – specific purpose with fewer strings attached – social services, health care Project grants – research on cancer, local improvements – apply for a special project

Other forms of Cooperation FBI assists state investigators Military trains and equips states national guard units Lulu payments Monies to local units in liu of property taxes States aid the National government too - conducting elections, local police

Discussion The federal government has given blocks of grants to the states during these difficult economic times. These grants have stipulations on how they can be used. Ex – Gov Stanford wanted to use some of the money to pay down the state debt. This was not allowed. Some argue that the states are too dependent on the national government for money. Others argue that the national government exerts too much power over the states. Do you agree/disagree.

Interstate Relations What examples of states cooperating with one another can you think of? How do states get along with each other and with the federal government?

Interstate Compacts Agreements among states and foreign states, does not increase power and most are submitted to Congress Ex law enforcement, juveniles, wildlife, universities

Full Faith and Credit Constitution’s requirement that each state accept the public acts, records, and judicial proceedings of every other state Exceptions – applies only to civil, not criminal matters, divorce – see Williams v. North Carolina p 107

Extradition The legal process by which a fugitive from justice in one State is returned to that State

Privileges and Immunities No state can draw unreasonable distinctions between its own residents and those that live in other states