1. Chapter 4: FEDERALISM
Federalism-
powers divided on a territorial basis – why?
Division of Powers
Separation of governmental powers between the National Government and the 50 state governments
Federalism – A Dual system of Government -- explain

2. Federalism
Territorial basis

3. DELEGATED POWERS
Delegated Powers
those powers that the National government has granted to it in the constitution
Three types of Delegated Powers
Expressed
Implied
Inherent

4. DELEGATED POWERS

5. EXPRESSED POWERS

6. Those powers expressly written or… Spelled out in the constitution
EXPRESSED POWERS-
Those powers expressly written or…
Spelled out in the constitution

7. Expressed Powers -legislative

8. Legislative Examples of Expressed Powers
Lay and collect taxes,
Coin money, regulate foreign and interstate trade,
Raise and maintain an army,
Declare war, fix a standard of weights and measures,
Grant copyrights and patents

9. Expressed powers - executive

10. Executive Examples of Expressed Powers
Commander-in-chief,
Grant pardons and reprieves,
Make treaties,
Approve judges

11. IMPLIED POWERS Those powers not expressly written in the constitution
Elastic Clause- but are …
necessary and proper

12. IMPLIED POWERS
Congress regulates labor-management relations
Building of power dams
Building of interstate highways

13. Implied Powers

14. IMPLIED POWER EXAMPLES
Punishment of federal crimes- kidnapping, gambling ..
Racial Discrimination

15. IMPLIED POWERS –

16. Those powers historically held by government
INHERENT POWERS-
Those powers historically held by government

17. INHERENT POWERS EXAMPLES
Regulate immigration
Deport aliens
Acquire territory
Protect against internal subversion
Diplomatic recognition of other nations

18. INHERENT
POWERS

19. POWERS DENIED
THE NATIONAL GOVERNMENT

20. POWERS DENIED THE NATIONAL GOVERNMENT
#1 Constitution denies Expressly:
To levy duties on exports,
to deny 1st amendment freedoms,
illegal searches and seizures,
deny fair and speedy trial

21. #2 Constitution is Silent on
Examples:
Creating public schools,
marriage and divorce laws,
setting up local units of government

22. POWERS DENIED THE NATIONAL GOVERNMENT

23. 3rd Constitution denies…
Examples:
Congress may not
tax the states or their local units
of government to carry out federal government functions

24. RESERVED POWERS

25. RESERVED POWERS OF THE STATES – 10TH AMENDMENT
Those powers held by the states, not granted specifically in the Constitution
Examples:
States can forbid persons under the age of 18 to marry without parental consent
Those under 21 to purchase alcohol

26. 21 to purchase alcohol

27. Other Reserved Powers Examples
Require licenses for doctors, lawyers, hairdressers, plumbers, teachers,
States may establish public schools
Grant divorces, permit gambling
Spheres of powers held by the states are huge

28. EXCLUSIVE POWERS

29. Powers exercised by only the federal government
EXCLUSIVE POWERS
Powers exercised by only the federal government
Examples:
Coin money, make treaties, lay import duties

30. CONCURRENT POWERS
New River Gorge Bridge – condemn private property

31. Concurrent Powers-
Powers held by both the National Government and the states
Examples:
Levy and collect taxes, define crimes and punishment, condemn private property for public use

32. DUAL SYSTEM OF GOVERNMENT
SUPREME LAW OF THE LAND

33. THE SUPREME LAW OF THE LAND
Dual System of Government
The operation of national and state government may conflict
Supremacy Clause
National law is supreme over any state law

34. McCulloch v Maryland
Supreme court acts as umpire in the Federal System
National government is immune from state taxation
Federal system is supreme over any state law

35. LADDERS OF THE LAW 1. 2. 3. 4. 5. 6.

36. LADDER OF THE LAWS CONSTITUTION Acts of Congress- treaties
State Constitutions
State Statutes
City and County Charters
Local Ordinances

37. INTERSTATE COMPACTS

38. INTERSTATE COMPACTS Agreements among the states themselves
Ex. NY and NJ creating the port authority
Compact for parolees and probationers –share in law enforcement information

39. FULL FAITH AND CREDIT

40. FULL FAITH AND CREDIT
Each state shall give full faith and credit to every other state for public acts, records and judicial proceedings
Public acts –
refers to laws of the state

41. RECORDS
Records
documents such as birth certificates,
marriage licenses,
deeds for property, car registrations

42. Other: INTERSTATE COMPACTS
To coordinate resources like water, oil, wildlife, and fish
Forest protection, water pollution, tax collection, motor vehicle safety, licensing of drivers

43. Judicial Proceedings
Jurors found Kim Davis, 36, guilty of first-degree murder

44. Judicial Proceedings
Judicial Proceedings
out come of court decisions (debt, criminal convictions, divorce)
Exceptions –apply only to civil not criminal

45. EXPLAIN …. From the movie show The Fugitive

46. EXTRADITION
Process where a fugitive from justice in one state is returned to that state from which the crime was committed in order to be tried
Governors regularly approve

47. PRIVILEGES AND IMMUNITIES

48. PRIVILEDGES AND IMMUNITIES
Residents of one state may not be discriminated by another
right to pass through or reside in another state for: trade, agriculture, buy sell rent property

49. PRIVILEDGES AND IMMUNITIES

50. PRIVILEDGES AND IMMUNITIES
States can require
nonresidents to pay higher fishing /hunting fees