Chapter 4: The Federal System By Mr. Hunt

The Division of Powers The federal system divides government powers between national and state governments. U.S. federalism has continued to change since its inception in 1787.

National Powers The National Gov’ts expressed powers are specifically written down. (ex. Coin money)

National Powers The implied powers, come from the elastic clause giving powers to the national gov’t to carry out the expressed powers.

National Powers The inherent powers of the national gov’t, are powers it exercises simply because it is a gov’t.

The States and the Nation The reserved powers belong strictly to the states, which may exercise any power not delegated to the national gov’t, reserved to the people, or denied them by the Constitution. Which Amendment?

The States and the Nation The Supremacy clause makes the acts and treaties of the U.S. Supreme; no state law may conflict with any national law. Both national and state gov’ts exercise concurrent powers independently.

The States and the Nation The Constitution lists powers denied to both national and state gov’ts. N -Tax exports S – make treaties S – coin money S – grant titles of nobility

The States and the Nation The national gov’t must guarantee the states: a republican form of gov’t, protection from invasion and domestic violence, and respect for their territorial integrity.

Admission of New States Congress has the power to admit new states to the Union Congress or the president may set conditions for admitting a state. Each state admitted is equal to every other state.

Admission of New States The Constitution obligates states to conduct and pay for all elections of federal officials and to consider the ratification of constitutional amendments.

The Supreme Court as Umpire The Supreme Ct. and the federal courts settle disputes between the states and the national gov’t. The Court has held that the national gov’t is supreme.

Interstate Relations Full Faith and Credit - The Constitution requires each state to recognize the laws and legal proceedings of all other states in civil, not criminal, matters.

Interstate Relations Privileges and Immunities – Each state must treat citizens of other states equally with its own citizens and not discriminate against them, though nonresidents may not enjoy all the rights of state citizens.

Interstate Relations Extradition – Criminals fleeing to other states can be returned to their home state by extradition – the legal process through which one state or gov’t surrenders an accused criminal to another gov’t.

When States Disagree States use interstate compacts, to settle border or jurisdiction conflicts and to deal with common problems, such as toxic waste disposal, but Congress has to approve.

When States Disagree Lawsuits brought by a state against another state are tried in the Supreme Ct.

Growing National Government Flexibility of Constitution allows Government to grow with the nation’s needs. War Powers (Education and Economy) Commerce Power (Segregation, drinking age) Taxing Power (income tax, cigarettes)

Federal Aid to the States Federal Aid has increased in the 1900s, but come along with conditions for the Aid.

Federalism and Public Policy Federalism affects how new policies are made and impose limits on making public policy Policy may originate at the national, state, or local levels of gov’t.

Federalism and Political Parties Two major parties compete for control over national, state, and local elections.

Difference Among the States Federalism has contributed to important economic and political differences among the states. Vs.