The Federal System Chapter 4

Section 1 Division of Powers Lesson Summary The Federal system depends on the division of powers between the national and state government. The national government has several responsibilities toward the states, including guaranteeing a representative form of government, protecting from foreign invasion, and guaranteeing territorial integrity. States of responsible for running nation elections.

Section 1 Division of Powers Lesson Objective Student will learn about the division of powers in the federal system

Section 1 Division of Powers Notes In a federal system power is divided between the sTates and the national government. This is known as the division of powers. Both the national and state governments have their own duties and responsibilities. These duties and responsibilities have shifted and changed over the years as the nation has grown and changes.

Section 1 Division of Powers Powers of the national Government The constitution gives the national government 3 types of power. Together they are known as the delegated powers. they are expressed powers, implied powers and inherent powers

Section 1 Division of Powers Expressed powers Expressed powers are directly stated in the constitution Articles I, II, and III contain most of these powers Ex. The constitution specifically stated that congress has the power to tax and to set up an army and navy

Section 1 Division of Powers Implied Powers Implied powers are NOT directly stated in the constitution. Implied powers enable the government to meet the needs of changing times They can be reasonable assumed or suggested by the expressed powers Clause 18 of Article I, Section 8, is the basis for the implied powers. This is the necessary and proper clause – gives congress the power to make laws that are needed to function. Ex: Congress funds the railroad system and regulates nuclear power; none of this would have been an issue for congress in 1789.

Section 1 Division of Powers Inherent powers Inherent powers are not directly stated in the constitution The belong to the national government To act as the government of a nation, the government must have certain powers. ex. The nation government must have the power to regulate immigration

Section 1 Division of Powers Denied powers The constitution also denies certain powers to the national government Denied powers include the right to tax exports The 10th amendment gives power to the states that are not given to the federal government

Section 1 Division of Powers Power of the states The 50 states have certain powers that belong to them alone These are called reserved powers. Ex: only state may set up local government such as counties and cites. Only the state may create public school systems and license teachers The states and the nation government exercise some of the same powers. These are called concurrent powers Ex. Both level of government have the power to create their own court system; both levels of government have the power to levy taxes

Section 1 Division of Powers Guarantees and obligations Article IV, Sec 3 and 4, lists the responsibilities of the nation government toward the states The national government must guarantee each state, “republican form of government” This means making sure that each state has a representative government.

Section 1 Division of Powers Guarantees and obligations Congress enforced this guarantee of representative government after the civil war. 13th, 14th, and 15th amendments ended slavery and recognized the rights of African Americans The national government guarantees to protect states from the invasion and from domestic disorder such as riots and rebellion Ex. 1957, president Eisenhower sent federal troops to enforce integration at little rock central high school

Section 1 Division of Powers Powers that are denied to the states Article I section 10 list powers Denied to the states Ex. States may not negotiate treaties with foreign nations. States also may not Grant titles of nobility The 13th, 14th, 15th. 19th, 24th and 26th placed the same limits on the states as the do on the national government. Ex: states may no allow slavery or keep women from voting in elections

Integration at Little Rock central high

Section 1 Division of Powers The national government also guarantees the territorial integrity of the states. Territorial integrity means the legal existence and physical boundaries of the states. A new state may not be made from an existing state unless the legislature of the existing state agrees.

Section 1 Division of Powers Roles of the federal courts Article vi, clause 2 known as the supremacy clause. It states that the constitution, all laws make by the us, and us treaties are the “supreme law of the land” State constitutions and laws must agree with the us constitution and national laws Conflict between the state and national government was in Mcculloch v. Maryland 1819 ruling, the supreme court denied states the right to tax a nation back established by congress

Section 2 State to state relations Article iv, sec I is known as the full faith and credit clause. It requires that every state recognize or accept the public acts, records, and judicial proceeding of every other state Ex. Every state must accept the legality of the birth certificates of every other state Public acts are laws passed by state legislatures that relate to civil matters, not criminal ones. The full faith and credit clause refers to civil actions and laws only. One state’s criminal laws cannot be enforced by another state.

Section 2 state to state relations Records are documents such as mortgages, deeds, leases and wills. Article IV refer to court decisions in a civil lawsuit only A civil court ruling in one state must be recognized and enforced in the other 49 states Ex. A person cannot move from new jersey to California to avoid paying damages in a lawsuit he or she lost. The person who won the case could bring a suit in California. The courts there world have to enforce the new jersey decision

Section 2 state to state relations Article IV, Sec 2, Cl 1 r each state shall be entitle to all privileges and immunities” of citizens of every other state. Because of this clause, a state may not discriminate against residents of other states. Privileges and immunities refer to freedoms or rights

Section 2 state to state relations Privileges and immunities There is not complete lists of privileges and immunities Over time the court have recognized certain rights Ex. People can freely change residence from state to state Ex. People are free to buy, sell, and own property in any state or enter into contracts to do business in any state

Section 2 state to state relations Extradition Article IV, Section 2, Clause 2 deals with extradition When a person is wanted for a crime or is convicted and flees before he or she can be jailed, the person is known as a fugitive. Extradition means the returning of a fugitive to the state where he or she is wanted. The purpose of the clause is to make sure that criminals and suspected criminals do not escape justice by fleeing from state to state.

Section 2 state to state relations Interstate compacts What if states disagree about an issue and how do they settle the disagreement? Interstate compacts Article I, section 10, clause 3 declares that states may enter into compacts or agreements with one another Congress must agree to the terms of these interstate compacts. Once the compact is signed, state governments many not change their minds. The US Supreme court enforces compacts.

Section 2 state to state relations Interstate compact Compacts are rare Congress has agreed to and states have signed about 200 interstate compacts Early compacts: Dealt mainly with disagreements over state borders Modern compact: deal with regional issues such as air and water pollution, use of water resources, and prevention of forest fire

Section 2 state to state relations When states cannot agree on a solution, they may bring lawsuits against one another. More than 200 such lawsuits have been filed since the beginning of the nation The US supreme court hearse these cases. It is the only court authorized to hear lawsuits filed by states against states

Section 3 Federalism: the ongoing process Federalism is defined as the division of powers between the national government and the states. The nation has grown and changes since the constitution since the document was written. Federalism continues to changed over time; it is not the same as it was in 1787

Section 3 Federalism: the ongoing process Balance between the state and the national government There have been disagreement over the years concerning the balance of power between the states and the national government; what is the right balance The states’ rights position is that the state and local government should deal with social, economic, and other problems. The nationalist position is that the national government is better suited to act for all the people in dealing with these problems.

Section 3 Federalism: the ongoing process Examples of state rights The issue of states rights was a major cause of the civil war Southern states believed the stats should regulate slavery Today states rightist think states should control all school spending. Nationalist believed the us government should control federal grants to schools for education.

Section 3 Federalism: the ongoing process Examples of nationalist position The new deal was created to provide employment during the depression. These programs greatly expanded the role in the national government

Section 3 Federalism: the ongoing process Expansion of the national government The national government has expanded its powers to meet the changes in society as well as in the economy. Much of this expansion is based on the 3 constitutional powers War power Commerce power Power to tax

Section 3 Federalism: the ongoing process Federal aid to states Another way that the national government has expanded its power is through grants to states These grants come with guidelines that must be heeded

Section 3 Federalism: the ongoing process The influence of federalism Federalism influences public policy, political parties, and political participation