American Citizenship Chapter 4: Federalism

Federalism System of government in which a written constitution divides the powers of government on a territorial basis between a central government and several regional governments

Powers of the National Government Delegated Powers – Powers given to it by the Consitution Expressed Powers Black and White powers given to national Government Article 1 Section 8 Article 2 Section 2 Article 3

Powers of the National Government Cont Implied Powers (Grey area)- Not stated in the Consitution but suggested by the Expressed Powers Article 1 Section 8 Clause 18 Gives Congress the “necessary and proper power” Inherent Powers Given to National government but not by the Constitution

Powers denied to the National Government Creation of a national public school system Enact uniform marriage and divorce laws

The States Powers Reserved Powers Powers denied to states Constitution does not grant these powers to the national government yet does not deny to state government Basically the ability to protect and promote public health, the public morals, the public safety, and the general welfare Powers denied to states Enter into treaties with foreign nations Print their own money Ignore due process of law

The Exclusive and Concurrent Powers Exclusive Powers Excercised by National Governmetn only Coin Money Make Treaties Regulate Interstate Commerce Concurrent Powers Powers both National and State Government Express Levy Taxes Define Crime and Punish Crime

The Federal System and Local Governments All local governments are part of the state government Locals given power from the state Perform duties the state does not have enough capabilities to do Public schooling Local law enforcement

The Supreme Law of the Land Supremacy Clause Article 6 Section 2 Constitution is the supreme law of the land Acts of Congress and treaties next in supremacy Supreme Court and Federalism Court case McCulloch Vs. Maryland Maryland was taxing the Congress created 2nd Bank of the United States John Marshall ruled it illegal to tax the bank due to supremacy clause

State of Emergency Step 1- Local Government Responds: IF overwhelmed turns to the state Step 2- The State Responds with State Agencies Step 3- Damage Assessment by local state and federal organizations Step 4 A major Disaster Declaration is requested by the governor Step 5 FEMA Evaluates the request and recommends to White House Step 6- The President Approves of denies request.

The Nation’s Obligations to the State Mostly found in Article 4 Republican form of Government States must create Representative Governments Only time this was an issue was after the Civil War Required southern states to Accept the 13th, 14th, 15th amendments

The Nation’s Obligations to the States Invasion and Internal Disorder An attack on one state is an attack on all 50 States Pearl Harbor 9/11 Also protect states from one another Respect for Territorial Integrity National Government must allow representatives from each state participate in Congress

Admitting New States Only Congress can admit a new state to the Union Admission Process Area must ask Congress for admission State must then pass a state Constitution by popular vote Congress reviews the Constitution and votes on an act of admisstion President signs into law State admitted into the United States

Conditions for admission Congress can set the Conditions These conditions can change Example: Utah had to outlaw polygamy before being admitted

Cooperative Federalism Continual Fight Between National and State Power The two groups try and get along though Examples Federal Grants-IN-Aid Funding of Public Universities New Deal Programs Housing

Interstate Relations Agreements among states and with foreign states Full Faith and Credit Validity of legal documents will be recognized in each of the 50 states Exceptions Only Pertains to civil not criminal trials Permanent residency of the individual also determines the legality of documents Divorce Gay marriage previously

Interstate Compacts Extradition Privileges and Immunities Legal Process to transfer a fugitive from one state to another Not guaranteed among other nations Privileges and Immunities All citizens are equal among the states Exceptions Voting Hunting and Fishing taxes Public State Tuition Costs