Chapter 4 Section 2 and Review Federalism

Review

Review What is Delegated Powers? We also use the term expressed powers meaning that it only has those powers delegated (granted) to it in the Constitution. We also use the term expressed powers Actually written in the constitution

Review What are implied powers What are reserved powers? are not expressly stated in the Constitution, but are needed in order to perform the expressed powers The Necessary and Proper Clause Also known as the Elastic Clause What are reserved powers? Powers that are given to the states

Review The Supremacy Clause in the Constitution establishes the Constitution and United States laws as the “supreme Law of the Land.”

Section 2

The Nation’s Obligations to the States Republican Form of Government “guarantee to every State in this Union a Republican Form of Government.” Invasion and Internal Disorder provide defense of the States from foreign invasion, and aid in protecting against “domestic Violence” in the States. Respect for Territorial Integrity bound to respect the territorial integrity of each of the States.

Steps for a Major Disaster

Admitting New States into the Union Only Congress has the power to admit new States to the Union. enabling act directing the people of the territory to frame a proposed State constitution. Congress then reviews the submitted state constitution If Accepted Congress passes act of admission an act creating the new State.

There are more than 87,000 units of local government in the United States today. Each State has created these units through its constitution and laws. Local governments, since they are created by States, are exercising State law through their own means.

Types of Federalism

Duel Federalism Holds that the federal govt and the state govts are co-equal Fed. Strictly follows what the constitution grants This means most of the powers belong to the states

Cooperative Federalism asserts that the national government is supreme over the states with the federal government intervening or assisting in some areas that have been traditionally left to the states Loose interpretation of the Constitution Current Trend

Section 3

Full Faith and Credit Clause Each state must recognize and respect the validity of another states judgments 2 exceptions Only applies to civil cases. One state cannot enforce another states criminal laws Ask “is this person actually a resident of the state?”

Privileges and Immunities Clause “No state can draw unreasonable distinctions between its own residents and those persons who happen to live in other states” Each state must Recognize the right of any American traveling in the boarders of that state Allow any citizen the use of its courts

No state can enter into any treaty, alliance or confederation

Need to know Expressed Powers (delegated) Implied Powers Reserved Powers Supremacy Clause Necessary and Proper Clause/elastic clause Enabling Act Act of Admission What the National Gov MUST do for the states Duel Federalism Cooperative Federalism