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 Forefathers wanted a limited gov’t:  They believed o Gov’t power poses a threat to individual liberty o Gov’t power must be restrained o The division of gov’t power would curb a gov’t’s power

 Federalism – System of government in which a written constitution divides the powers of a gov’t on a territorial basis between a central (national) gov’t and several regional gov’ts (states/provinces).  Constitution provides for the division of powers o Assigns certain powers to the National Gov’t and certain powers to the States

 Delegated Powers – Powers granted to the national gov’t in the Constitution  Expressed Powers – Powers found directly within the Constitution  Implied Powers – Not directly stated within the Constitution, but are suggested by the expressed powers  Inherent Powers – Powers that belong to the National Gov’t because it is the gov’t of a sovereign state

 3 Ways the National Gov’t is denied powers o Expressly forbidden in the Constitution o Powers are not mentioned in the Constitution o Federalism does not allow for the National Gov’t to carry out certain powers

 10 th Amendment – States are gov’ts of reserved powers  Reserved Powers – Powers that the Constitution does not grant to the National Gov’t AND does not deny to the states

 Constitution denies certain powers to the States, as well  Powers denied to states are denied much the same as those to the National Gov’t o Expressly o Inherently

 Exclusive Powers – Powers that are exercised by the National Gov’t alone  Concurrent Powers – Powers that both the National Gov’t and States possess and exercise

 There are more than 87,000 units of local gov’t in the US today.

1. National: President, Supreme Court, and Congress 2. State: Governor, State Supreme Court, and State Congress 3. County – Sheriff and Courts 4. City – Mayor and City Council 5. Family – Foundation of society and law

 National and state gov’ts rule over the same people and same land o Creates difficulties  Supremacy Clause establishes the Constitution as the Supreme Law of the Land o All issues should be addressed according to the Constitution. o Confirmed in McCulloch v. Maryland

 Republican Gov’t o Constitution requires the Federal Gov’t guarantee every state a Republican gov’t o ALL people have the right to vote  Invasion and Internal Disorder o Constitution requires the Federal Gov’t to provide defense against invading foreign forces and domestic violence  Territorial Integrity o Federal gov’t must respect the territorial integrity of each state

 ONLY CONGRESS has the power to add a new state  Steps: o 1. Congress passes Enabling Act – tells people of territory to make a state constitution o 2. Congress reviews constitution o 3. Passes an Act of Admission – Creates the new state

 Grants-In-Aid Programs o Federal money or other resources to states/counties/cities  Revenue Sharing o Between 1972 – 1987, federal gov’t gave a share of federal tax money to States and their local government

 Categorical Grants o Made for some specific, closely defined purpose o Often come attached with strings EX: Federal Gov’t gives money for roadwork, but states are required to set the legal drinking age to 21  Block Grants o Portions of money allocated to states to use for broader purposes o Fewer strings attached EX: Medicaid, Food Stamps  Project Grants o Provided to states, localities or private agencies EX: USM marine biologists receive federal money to work on sonar/radar equipment for the Gulf of Mexico.

 FBI – Helps state and local police with investigations  Army and Air Force train and equip each state’s National Guard Units

 State and local powers control: o Elections o Naturalization Process

 NO STATE MAY ENTER INTO ANY TREATY, ALLIANCE or CONFEDERATION.  States may: o Enter Interstate Compacts Agreements between states and foreign governments Includes sharing law-enforcement data to resource development and conservation

 Full Faith and Credit Clause – Part of Constitution that ensures states recognize the laws, documents and court proceedings of other states.  2 Exceptions: o One state cannot enforce another state’s criminal laws o Full faith and credit need not be given to certain divorces granted by one state to residents of another state

 Extradition – Legal process by which a fugitive from justice in one state is returned to that state o Article IV, Section 2, Clause 2 of Constitution  Governors are the executives of the state o If a governor is unwilling to return a prisoner, federal courts can intervene and order the governor to do so Fails to respond to court order, US Army is sent in to deal with situation

 Privileges and Immunities Clause o Provides no state can draw unreasonable distinctions between its own residents and persons who happen to live in other states o EX: Cannot pay lower welfare benefits to newly arrived residents than it does to long-term residents  Reasonable Distinctions: o Charging-out-of-state Tuition at public universities