1. Federalism and the Division of Power Chapter 4

2. Federalism The amendment to the Constitution established the federal system. It allows for action in matters of local concern It allows for action in matters of national concern.

3. Delegated Powers of the National Government Expressed – clearly spelled out in the Constitution Implied – come from the necessary & proper clause Inherent - the “because I said so powers”

4. Powers DENIED to the National Government Expressly denied Denied by silence I’m bound for Canada so you can’t tax me Georgia Peanut Can’t establish a national school system Can’t establish national marriage and divorce laws

5. Denied due to the nature of the federal system The national government cannot tax the state governments and vice versa.

6. Reserved Powers These belong only to the state governments. Setting marriage laws Licensing professionals

7. Federal System & Local Governments The U.S. gov’t operates on two levels: Washington, DC Atlanta, GA

8. Local units are subunits of the State

9. Exclusive Powers Belong only to the National Government

10. Concurrent Powers Held by the national and state governments Eminent Domain

11. Supremacy Clause The Constitution is the Supreme Law of the Land

12. New States Ask for admission Congress passes an enabling act Area writes a state constitution Area voters vote on new state constitution Congress passes an act of admission President signs it so it becomes a law.

13. Cooperative Federalism Grants-in-aid –Categorical grants – meant to be used for a specific, clearly defined purpose –Block grants – can be used on a variety of projects -- project grants – used for projects

14. Revenue Sharing – 1972-1987. The national gov’t just gave money to the states with no strings attached.

15. Lulu Payments – given to the states in lieu of taxes they could not collect.

16. State Aid to the National Gov’t

17. Interstate Relations Interstate Compacts – agreements between states or states and foreign countries. NY Canada

18. Full Faith & Credit – states honor each others public acts, records, & judicial proceedings

19. Extradition – returning criminals to the state where they are accused of a crime.

20. Privileges and Immunities –Can’t discriminate unreasonably –Must obey laws of state you’re in –Can REASONABLY discriminate