Federalism Unit 2, Notes 2

States Rights  10 th Amendment  Gives us ______________  States that powers not given to the ____________ government are reserved for the __________  Each has its own area of ______________

Framers  Framers of the Constitution knew that _________________ War had been fought so we could have self-government  But also _______ that too much self-government (Articles of Confederation) did not work  Needed a _____________ central government, while leaving some power for the states to _____________

Strengths of Federalism  Federalism allows local _________ over local _________  National action over _________ of wider ____________  Local traditions and needs _________ from state to state, so federalism allows that be ____________

Federalism  Constitution ___________ power of government between central (___________) government and several ___________ (state and local) governments  Each level has its__________ powers  Each ____________ through its own agencies and officials and has its own _______

National Gov’t Powers  National gov’t is one of ____________ powers  It has only those powers delegated (_____________) to it by the Constitution

Types of Delegated Powers  ______________ powers  Given to national gov’t in ___________ of the Constitution  Spelled out, ____________ out  _____________ are found in ______________, Sec. _______ (powers of Congress)  Gives gov’t the power to tax, ___________, regulate trade, ____________________, etc.  Article II gives President _________________ powers  _______________ gives Supreme Court its expressed powers

Implied Powers  Not _____________ in the Constitution but are ____________ (implied) by what is written  Must have ____________ in expressed power (implied powers must be ____________ from expressed powers)  Example  Congress has the ______________ power to regulate and create post office so we ___________ that they also have the power to set the ___________ of stamps

Inherent Powers  _____________ to the US gov’t because it is the gov’t of a sovereign state  Not written in the Constitution but are ____________ to national government simply because they are powers that they have ____________ had  Example  Acquire territory, ____________ other nations, immigration, etc. (not many of them)

Necessary and Proper Clause  Gives Congress the power to __________  They can make any laws that are _______________ and proper in order to run the country  Also called the _________________________ (it has been stretched to cover many issues)

State Powers  _______________ Powers (10 th Amendment)  Powers not _____________ to the national government in the Const. are ____________ for the states  Example  States can prohibit __________________, set seatbelt laws, require doctors and teachers to have _______________, establish public schools  Most government work that is done is by __________, not national _____________________

Concurrent Powers  Both __________ and national government have these  Example  __________, defend and punish criminals, provide for public ______________

The National Government and the 50 States Unit 2, Notes 3

U.S. Constitution  The ________________ was created to preserve the Union between the states. It… 1) Requires government to guarantee certain things to __________ 2) Makes it _______________ for national government to do certain things for __________

The Nations Obligation to States  The Constitution places several _________________ on the nat. gov. for the benefit of the states.  They are found in _________________.  The Constitution requires the nat. gov. to _________________ to every state a ________________ form of gov.  But the Constitution does not __________ a Republican ___________ of gov.  The ____________ is generally __________________ to mean a representative gov.

Cont.  After the Civil War, ____________ declared that several Southern States did not have a gov. of _________________ form.  It ______________ to admit ___________ or representatives from those states until they ratified _______, ________ and 15 th Amendments and ____________ the voting and other rights of African Americans.

Invasion and Internal Disorder  The ______________ of any one of the 50 states would be met as an attack against the U.S.  The federal system _____________ that each state will keep ____________ within its own borders so the main responsibility for _______________ any riot or internal disorder rest within the state.  However, the Constitution _______________ that a state ____________ not be able to control some situations.  So it guarantees _____________ against ____________ disorder or what the Constitution calls domestic ________________.

Cont.  Many _____________ of using federal force to restore order within a state happened in the _________.  President ________________ ordered US Army troops and National Guard troops to __________ up many riots ___________ to Civil Rights.  Normally a President __________ troops to a state only in answer to a request from its gov. or ______________.  If federal laws are ____________, or national _____________ interfered with, or _____________ property _______________, the President does not have to wait to be asked to send troops.

Respect for Territorial Integrity  The ________________ government is constitutionally bound to respect the ____________ ____________ of each state.  It must recognize the _________ existence and _______________ boundaries of new states.  For example, Congress must __________ members _____________ in each of the states.

Admitting New States  Only _____________ has the power to admit new states.  There is only one _____________ on that power.  A state ____________ be created by taking territory from one or more of the ___________ states without the ____________ of the state legislatures involved.

Admission Procedure  First the area _____________ statehood asks Congress for ____________.  Congress then __________ the enabling act  this directs the people of the territory to frame a state ______________  A Convention _____________ that constitution which is then put to a popular vote in the ____________ state.  If the __________ approve the _______________ it is submitted to Congress for its consideration.

Cont.  If _____________ agrees to ______________ after reviewing the document it passes an act of ____________ to create the new state.  If the ____________ signs the act the new state enters the ___________.  ___________ finally admitting a state, Congress has often set ____________ conditions.  But each state __________ the union on an equal ____________ with each of the other __________.

Cooperative Federalism  ________________ produces a duel system of gov., one in which 2 basic levels.  Operate over the __________ people and the same _______________ at the same time.  So its ________________ that both parts cooperate to avoid ______________.  Perhaps the best known example of this __________________________ cooperation are the many grants-in-aid programs.  Or ___________ of federal money or other ________________ to states and/or their local __________.  Example, a large number or state ______________________ were ______________ as land-grant colleges.  These were built with ______________ obtained from the sale of public ____________ given to states by the Morrill Act of 1862.

Interstate Relations Unit 2, Notes 4

National Powers  Because of ___________ among states that came from A of C being too __________, the Constitution strengthened the national government’s power to deal ___________ with state ______________  Interstate ____________  No state can enter into a treaty or ______________, but they can __________ into compacts  ________________ among themselves  Have to have consent of _____________

Full Faith and Credit Clause  Constitution says that ___________ states public acts, records and judicial _______________ be recognized in all states  Birth certificates, marriage licenses, ____________, etc.  Most often in court proceedings  Example  ________ someone from another state- can’t move to another to avoid _____________

Extradition  The legal ____________ by which a fugitive from justice in one state is returned to ______________  Designed to ______________ person from ____________ justice by fleeing the state

Privileges and Immunities Clause  No state can draw __________________ distinctions between own residents and __________ of other __________  Each state must recognize the __________ of an American to travel in or become _______________ of that ________  Any person can ________, rent, sell ______________ in another ________  Can __________ in another __________