Federalism Chapter 4

Section 1 Powers Divided

Federalism Avoiding British style of government Prevent one part of government from becoming too powerful or abusing power

What is it? System of government with a division of power between national government and several smaller governments Each level has its own laws and officials Each level has powers others do not

Delegated Powers Granted to federal government by the Constitution Three kinds: Expressed Implied Inherent

Expressed Powers Written out in the Constitution Article I, Section 8 gives Congress 27 expressed powers Declaring war Coining money Collecting taxes Articles II and III grant certain expressed powers to the President and the courts

Implied Powers Suggested by expressed powers Article I, Section 8, Clause 18: Congress has the power “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers” Called the Necessary and Proper Clause or the Elastic Clause

Inherent Powers Traditional powers of a sovereign state Not stated in the Constitution Include: Regulating immigration Acquiring territory Protecting against rebellion

Denied! Listed in Article I, Section 9 and the Bill of Rights Include: Taxing exports Restricting freedoms Denying rights Other powers not listed or implied in the Constitution

What about the states? Balance power of the federal government States have reserved powers Not granted to the federal government Not denied to the states Some specifically denied Printing money Making treaties with foreign countries Others denied inherently

Concurrent vs. Exclusive Exclusive powers – only federal government Concurrent powers – shared federal & state governments Local governments – not part of the federal system, given powers by individual states

Federal Powers State Powers Deal with other countries Coin money Declare war Acquire territory Control immigration Control international and interstate commerce Regulate utilities Issue licenses Set speed limits Regulate elections Establish public schools Concurrent Powers Standards Courts Taxes Laws

Supremacy Constitution Federal Laws State Laws Local Laws Supremacy Clause: “This Constitution, and the Laws of the United States… shall be the supreme Law of the Land” The Supreme Court can decide if federal, state, and local laws are constitutional Constitution Federal Laws State Laws Local Laws

Section 3 Interstate Relations

Interstate Compacts Agreements between two or more states Must be approved by Congress E.g., the Port Authority of New York and New Jersey controls transportation between the two states E.g., certain law enforcement databases are shared by all 50 states

Full Faith & Credit Laws, records, lawsuits, and certain licenses from one state are valid in all other states A person cannot flee to another state to avoid a lawsuit Birth certificates, most marriage licenses, and records of ownership are recognized by all states

Extradition Legal process of returning a fugitive to a state where they are charged with a crime In most cases, a state turns over a fugitive without delay Extradition can be challenged for a few reasons

Privileges & Immunities Forbids any state from discriminating against people from other states Citizens may move or travel to any other state Citizens can buy, rent, and sell property in any state Residents of one state can be employed in another state States can set requirements for holding office and can charge higher fees to people from other states

Hamden refuses to allow Catie to attend Hamden High, because her family just moved here at the end of the summer. Full Faith & Credit Extradition Privileges & Immunities No, this is allowed

Jamison, who lives in Hamden, inherits a ranch in Colorado Jamison, who lives in Hamden, inherits a ranch in Colorado. Colorado refuses to allow this inheritance, because Jess is from Connecticut. Full Faith & Credit Extradition Privileges & Immunities No, this is allowed

Haley gets a discount on tuition at UCONN, but her cousin from Rhode Island pays full price. Full Faith & Credit Extradition Privileges & Immunities No, this is allowed.

Massachusetts requires Amanda to show her passport when she goes to Six Flags. Full Faith & Credit Extradition Privileges & Immunities No, this is allowed

Someone from Massachusetts commits a crime in Connecticut Someone from Massachusetts commits a crime in Connecticut. He goes back to Massachusetts & lives there, even though Connecticut officials want to bring him to court. Full Faith & Credit Extradition Privileges & Immunities No, this is allowed

Connecticut will not allow Dr Connecticut will not allow Dr. Paine, from Michigan, to practice here, even though he has been living here for four years. Full Faith & Credit Extradition Privileges & Immunities No, this is allowed

Yale refuses to allow benefits to a long-time employee’s wife, because they were married in Rhode Island. Full Faith & Credit Extradition Privileges & Immunities No, this is allowed

Sinéad is not allowed to run for governor of New York, because she lives in Connecticut. Full Faith & Credit Extradition Privileges & Immunities No, this is allowed.

Ms. H is not allowed to move to Maine because she called lobsters “ocean scorpions”. Full Faith & Credit Extradition Privileges & Immunities No, this is allowed