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Chapter 4: Federalism“The powers not delegated to the United
States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”What does this mean?Where is this from?
This Amendment helps define federalism – a system of gov’t where powers are divided between a national gov’t and local gov’ts.National gov’t can do certain things, and the
State gov’ts can do certain things.
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Why Federalism?Benefits?
Strong enough central gov’tAllows for States to have powerLimits powerAllows for State traditions
Drawbacks?Slow, Confusing, Too much power?
Framers didn’t want too strong of a gov’t, but knew that the A.o.C. were too weak.
Short video on Federalism
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National Union
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Local Traditions
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Powers of the National Gov’tNational Gov’t is a gov’t of delegated
(granted) powers3 types of delegated powers
ExpressedImplied
Necessary and Proper Clause (aka The Elastic Clause)Inherent Examples of each?
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Powers Denied to Nat’l Gov’tSome powers are expressly denied by the
ConstitutionProhibit freedom of religion/speech/etc.Conduct illegal search and seizuresTax exports Why?
Others denied because the Const. is silent about themEducation, Marriage, etc.
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State Powers Under Federalism, States are just as importantReserved Powers – 10th AmendmentVery broad powers – most powers are local
powersExamples:
Alcohol, education, licenses, gambling, etc.
Powers Denied to StatesTreaty, alliance, confederationMoneyOthers denied by State constitutions
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National v. State v. ConcurrentExclusive powers = National gov’t alone
Money, Tax imports, Treaties, Interstate commerce, War
Reserved powers = State gov’ts aloneSchools, Licenses, Elections, Local gov’t
Concurrent powers = both National and State Taxes, Crime and Punishment, eminent domain
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Supreme Law of the LandThe Constitution has a Supremacy Clause:
The Constitution and federal laws are above all other forms of law in the U.S.
Validated through McCulloch v. Maryland, 1819State of Maryland taxed all money from Baltimore
branch of the U.S. Bank.McCulloch, a bank teller, refused to pay the tax.McCulloch lost in state court.Supreme Court found in McCulloch’s favor.
Established two ideas: Implied Powers are Constitutional Federal laws supersede local laws
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Federalism across the world
Video summarizing Federalism and Implied Powers
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4.2: The Relationship between National Gov’t and the StatesThe national gov’t helps the states in many ways:
Invasion and Natural Disaster: An attack on any one state is an attack on the entire nation Nat’l gov’t will help if a state cannot keep peace – Civil Rights Natural disasters - FEMA
Funding About 25% of all state spending is federally funded – nearly
$300 Billion 2 Types of grants:
Categorical grants – very specific purpose; many strings attached
Block grants – much broader topics; fewer strings attached
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Recovery Money- 2/09– 9/11
www.recovery.gov
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Recovery Money in UD Area
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Other forms of AidFederal gov’t helps States in other ways:
FBI may help local policeArmy and air force can train State’s National
Guard units Census data helps States
States help Federal gov’t, as well:Elections are run by local gov’tsNaturalizationPolice can help FBI and other federal agencies
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Admitting New StatesAsk Congress for admission once
population reaches 60,000.If Congress agrees, it passes an
enabling act- requiring new state to draft a constitution.
The new constitution is voted on in the “state”, then submitted to Congress.
An Act of Admission is then passed, which the President has to sign.
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Conditions for AdmissionCongress can set conditions that the state must follow in order to be admitted; however, they cannot interfere with the state’s own internal affairs.
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Hawaii- August 21, 19592,390 miles from CA4,900 miles from ChinaImportant Dates: - Overthrow- 1893 - Republic- 1898 - Territory- 1900 - State- 1959Annexation: to attach, append, or add, especially to something larger or more important.
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4.3 Interstate RelationsFederal gov’t regulates how States interact
with each otherInterstate Compacts
Congressional approvalOften in areas of transportation, natural
resources, pollution, etc.NY Port Authority & Delaware River PAAll 50 states share information on Parolees and
on Juveniles
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Interstate Relations (cont.)Full Faith and Credit Clause
Laws, documents and court decisions from one state are respected in other states Examples: Law suits, driver’s licenses, marriages
Exceptions: Certain divorces (“Interstate ‘Quickie’ Divorces”) Same-Sex Marriage
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Same Sex Marriage by State (as of 6/11)
http://www.worldlawdirect.com/forum/law-wiki/53147-same-sex-marriage-usa-states-summary-map.html
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Interstate Relations (cont.)Extradition
Returning a fugitive to the State from where he/she escaped
Privileges and ImmunitiesCannot discriminate against residents of
another state Jobs, residency, etc Exceptions: Residency to run for office; college
tuition