1. CH. 3 Federalism

2. b/c it’s part of limited government, keeping it from getting too strong Why have division of power?

3. I. Federalism Definition:   Advantages:  Takes local differences into account  But, allows strength of union/size for defense, foreign affairs, etc…

4. II. Our NATIONAL GOVERNMENT has only DELEGATED (Granted) POWER, of 3 types: A.Expressed Powers: Ex. _________ B. Implied Powers: From “necessary & proper clause” aka Elastic Clause Ex.____________ C. Inherent Powers: Ex.____________

5. III. BUT… Our National Government also has some powers DENIED to it: A.Expressly Denied: Ex. _________ B. Denied by Silence If the Const. does NOT grant the nat’l gov the power, it doesn’t have it. Ex.___________ C. Denied by Federalism If the idea doesn’t show the respect required by Federalism from Nat’l Gov to States Ex.____________

6. IV. State Governments have: A. RESERVED POWERS (States)  Granted to the States by the silence of the Constitution  Whatever powers are not granted to the National government, nor denied to the States in the Constitution, are considered reserved to the States.

7. B. DENIED POWERS (Forbidden to the States by the Constitution) By written prohibition 1. Expressly Denied By respect required by Federalism from States to Nat’l Gov 2. Denied by Federalism

8. V. Some powers are SHARED and some are not. A. A. Exclusive Powers: B. Held ONLY by Nat’l Gov C. B. Concurrent Powers: D. Shared by Nat’l & State

9. VI. There is also a rule for what to do when Nat’l & State gov conflict: Supreme Federal Law (Constitution) supercedes all other laws. Secondary State laws may be nullified if unconstitutional. Least Local laws are subject to State & Constitution

10. This is called the: SUPREMACY CLAUSE

11. THE SUPREME COURT VII. And the referee for these conflicts is…

13. Government Powers (Division of Powers) National Government State Government Powers Granted Powers Denied Delegated Powers Reserved Powers Concurrent Powers Expressed Implied Inherent 10 th Amendment Denied National Denied States Denied Both EXCLUSIVEEXCLUSIVE EXCLUSIVEEXCLUSIVE

14. 4.2 The Nation’s Obligations to the States I. The Nat’l Gov has to make sure states have Republican Form of Government II. The Nat’l Gov must protect states from invasion and Internal Disorder III. The Nat’l Gov must protect the territorial integrity of states

15. The Major Disaster Process

16. IV. The Nat’l Gov must provide for the Admission of New States  Only Congress can admit a new state.  Process: 1. Congress passes an enabling act directing the people of the territory to frame a proposed State constitution. 2. If Congress approves the Constitution, it passes an act of admission creating the new State.

17. V. The Nat’l Gov must cooperate with the States 1. Federal Grants-in-Aid grants of federal money/ resources to the States, come in 3 types: Categorical Grants for some specific, closely defined purpose. Ex. school lunch programs or the construction of airports ***“strings,” attached to regulate the use of these funds Project Grants - for a variety of purposes Ex. medical research, or job training Block Grants - for broader purposes Ex. health care or welfare **fewer strings attached.

18. 2. Revenue Sharing  used between 1972 and 1987, gave an annual share of federal tax revenues to the States and their local governments.

19. 4.3 Interstate Relations in Federalism

20. I. States can make interstate compacts Agreements BETWEEN states Ex. sharing law-enforcement data

21. Chapter 4, Section 3 II. States must give Full Faith and Credit to each others’ public acts, or laws, records, and court actions

22. III. States must provide Extradition of one another’s fugitives if a federal court orders it.

23. IV. States must provide Privileges and Immunities to visitors from other states just as to their own residents (but can make reasonable distinctions, such as in-state and out-of-state tuitions for State colleges)