CHAPTER 4 FEDERALISM

WHAT YOU MUST UNDERSTAND Relations Among the States Explain how the Constitution regulates interstate relations. Developing Federalism Examine views of and growth of federalism. Federalism and Politics Summarize the impact of federalism on politics.

KEY TERMS – Write these down – skip a line between each term 1.Delegated powers 2.Expressed powers 3.Implied powers 4.Inherent powers 5.Concurrent powers 7.Reserved powers 8.supremacy clause 9.Elastic Clause

THE DIVISION OF POWER The federal system divides government powers between national and state governments. U.S. federalism has continued to change since its inception in Federalism – system of government where power is divided between national and state governments

MAKE A FOLDABLE TITLE: DELEGATED POWERS OF THE U.S. NATIONAL GOVERNMENT 3 FLAPS: 1.Expressed Powers 2.Implied Powers 3.Inherent Powers YOU MAY CHOOSE TO TAKE NOTES IF YOU PREFER NOT TO DO A FOLDABLE

DELEGATED POWERS The 3 types of power given to the national government They are: 1.Expressed powers 2.Implied powers 3.Inherent powers

EXPRESSED POWERS “Expressed” or written in the Constitution Also known as ‘enumerated powers’ Examples: − levy taxes − to coin money − make war − raise an army and navy − to regulate interstate commerce

IMPLIED POWERS Implied powers, in the elastic clause of the Constitution, are powers the national government requires to carry out the expressed powers. Examples: − Draft people into military − Regulate nuclear power plants − Develop a space program

ELASTIC CLAUSE Also known as the ‘NECESSARY AND PROPER CLAUSE Congress can do what is necessary and proper to carry out the powers in the Constitution

INHERENT POWERS The inherent powers of the national government are powers it exercises simply because it is a government. Examples: − Control immigration − Establish diplomatic relations with other countries

MAKE A FOLDABLE TITLE: POWERS OF THE U.S. NATIONAL GOVERNMENT AND THE STATES 3 FLAPS: − CONCURRENT POWERS − SUPREMACY CLAUSE − RESERVED POWERS YOU MAY CHOOSE TO TAKE NOTES IF YOU PREFER NOT TO DO A FOLDABLE

CONCURRENT POWERS = SHARED National and state governments exercise concurrent powers independently. Concurrent means BOTH national and state governments have the power Examples: − Levy Taxes and Borrow Money − Establish courts − Enact and enforce laws

SUPREMACY CLAUSE – ARTICLE VI The supremacy clause makes U.S. acts and treaties supreme. Federal laws and the Constitution are the highest law in the land. McCulloch v. Maryland is the Supreme Court ruling that in the instance of a conflict between the national government and a state government, the national government is supreme.

THE STATES AND THE NATION RESERVED POWERS belong strictly to the states, which may exercise any power not delegated to the national government, reserved to the people, or denied them by the Constitution. Examples: − Establish local governments − Administer elections − Protect the public’s welfare, health and morale The Constitution lists powers denied to both national and state governments.

NATIONAL GOVERNMENT GUARANTEES TO THE STATES States are guaranteed a republican form of government. States are guaranteed protection from invasion and domestic violence. States are guaranteed respect for their territorial integrity.

ADMISSION OF NEW STATES Congress has the power to admit new states to the union Congress or the President may set conditions for admitting a state. Each state admitted is equal to every other state.

WRITE DOWN AND MATCH 1.___concurrent powers 2.___enabling act 3.___delegated powers 4.___expressed powers 5.___elastic clause 6.___supremacy clause A.powers directly stated in the Constitution B.powers the Constitution grants to the national government C.powers that both the national government and states have D.gives Congress the right to make all laws “necessary and proper” E.states that the Constitution, laws passed by Congress, and treaties of the United States “shall be the supreme Law of the Land” F.the first step in the state admission procedure

Analyze the ongoing debate that focuses on the balance of power between state and national governments. How do national crises, such as war, tend to shift power to the national government? The balance of power between the states and the national government shifted in the mid-1990s. The Welfare Reform Act of 1996 transferred spending for welfare benefits from federal to state governments. The states received block grants of funds appropriated by Congress, making the states responsible for administering the new welfare program for its residents.

States’ Rights Versus Nationalists The states’ rights position is that the national government is an agent of the states and its powers should be narrowly defined. The states’ rights position favors state and local action in dealing with social and economic problems. The nationalist position is that the people, not the states, created the national government and that its power should be expanded to carry out the people’s will. The nationalist position favors national government action in dealing with these matters.

NEW FEDERALISM “New Federalism” refers to the way national government has grown and enlarged its powers through Congress influencing the policies of state and local governments.

Why has the federal government grown in relation to state government? 1.The conditional funding that the federal government provides to state governments. 2.The growth of interstate commerce and trade. Interstate trade is regulated by the federal government. 3.The Supremacy Clause of the Constitution make federal laws supreme to state laws.

What Caused Growing National Government? 1.The flexibility of the Constitution allowed the Supreme Court, Congress, and the president to stretch the power of the national government to meet the nation’s growing needs. 2.The power to wage war has expanded the national government’s power. 3.Supreme Court decisions have stretched Congress’s power to regulate commerce and other areas of public activities. 4.Congress’ taxing power increased the authority of the national government.

FEDERAL AID TO THE STATES Federal aid to the states has greatly increased since the 1950s; the main way the national government provides money to the states is through federal grants. Preemption laws limit the authority of state and local governments to make their own policies.

THE DEBATE CONTINUES….. SHOULD NATIONAL OR STATE GOVERNMENTS HAVE MORE POWER? The balance of power between the national government and the states is constantly evolving in response to new issues. In recent decades, Democrats have generally favored a nationalist position while Republicans have favored a states’ rights view.

WRITE DOWN AND MATCH 1.states’ rights position 2.nationalist position 3.income tax a.a position that favors national action in dealing with problems b.a position that favors state and local action in dealing with problems c.levied on individual and corporate earnings

RELATIONS AMONG THE STATES Key concepts: 1.Why is it necessary that the Constitution require states to cooperate with one another? To avoid or resolve conflict 2.Explain how the Constitution regulates interstate relations. Key terms – WRITE DOWN AND SKIP A LINE − Extradite − Civil law − Interstate Compact

1. FULL FAITH AND CREDIT The Constitution requires each state to recognize the laws and legal proceedings of all other states in civil, not criminal, matters. “Full faith and credit” - clause in the Constitution that requires each state to recognize the laws and legal proceedings of the other states.

2. PRIVILEGES AND IMMUNITIES Each state must treat citizens of other states equally with its own citizens and not discriminate against them, though nonresidents may not enjoy all the rights of state citizens. “Privileges and immunities” -clause in the Constitution that requires states to provide citizens of another state the same privileges and immunities it provides its own citizens.

3. EXTRADITION Criminals fleeing to other states may be returned to their home state by extradition—the legal process through which one state government surrenders an accused criminal to another state government.

4. INTERSTATE COMPACTS States use interstate compacts, or agreements among themselves, to settle border or jurisdiction conflicts and to deal with common problems, such as toxic waste disposal, but these compacts must be approved by Congress. Lawsuits brought by a state against another state are tried in the Supreme Court.

WRITE DOWN AND MATCH 1.__Civil Law 2.__Extradite 3.__Interstate compact a.a written agreement between two or more states b.one relating to disputes among two or more individuals or between individuals and the government c.to return a criminal or fugitive who flees across state lines back to the original state

SSCG5 The student will demonstrate knowledge of the federal system of government described in the United States Constitution. a.Explain the relationship of state governments to the national government. b.Define the difference between enumerated and implied powers. c.Describe the extent to which power is shared. d.Identify powers denied to state and national governments. e.Analyze the ongoing debate that focuses on the balance of power between state and national governments. f.Analyze the supremacy clause found in Article VI and the role of the U.S. Constitution as the “supreme law of the land.”