The Federal System Chapter 4

Division of Powers Constitution gives the federal government certain powers All other powers go to the states

National Powers Expressed—stated directly in the Constitution Collect tax, coin money, raise an army Implied—necessary to carry out expressed powers Tax codes, draft soldiers, design money Basis: elastic clause/ necessary and proper clause Inherent—simply because they are the government Immigration, diplomacy

The States and the Nation Reserved powers—specifically given to the states Supremacy Clause—sets the Constitution as supreme law over any state law Concurrent powers are shared by both levels of government (tax, borrow money, establish courts) Constitution specifically denies certain powers

Guarantees to the States Each state is guaranteed a republican form of government Guaranteed protection from foreign invasion and domestic violence Territorial integrity—federal government will not take territory without permission

Admission of New States Congress has the power to admit new states Enabling Act—prepare a constitution People approve constitution and submit it to Congress Congress admits the new state Last territory to consider statehood was Puerto Rico in 1993 Once admitted to the Union, a state is equal to all other states

Supreme Court as Umpire Supreme Court settles disputes between the nation and the states McCulloch vs. Maryland— precedent of favoring the national government in disputes

Honors Project Description: Choose a state, write a short essay explaining its admittance into the Union, including a Works Cited page. You will present your work on a poster. Paper: 1 complete page; 12 pts. Times New Roman or Helvetica; double-spaced MLA format (I will not accept your paper if you don't follow MLA format) (owl.english.purdue.edu) WORKS CITED page use parenthetical citations (at least 3) Poster: Normal size poster Include: state map, motto, seal, population, year admitted Staple to poster You will be graded on content, requirements and neatness. Due: 12/16 by 3:15 pm

Relations Among the States Under Articles of Confederation - Nat’l Gov’t had little power to force states to get along 1. strengthened nat’l gov’t 2. set up “legal ground rules”

Interstate Relations A. Full Faith and Credit - States are required to give “full faith and credit” to provisions of other states ( public acts, records, & judicial proceedings) Applies only to civil laws (those dealing with individuals) (public acts) Records – mortgages, deeds, licenses, etc. Judicial proceedings – court acts ex: I can’t move to another state to avoid paying a fine/debt in a different state.

B. Privileges and Immunities – you don’t lose citizenship rights when in another state than the one in which you live States may discriminate against non-residents - voting - serving on juries - holding public office - in-state vs. out-of-state tuition

C. Extradition – return of fugitives &/or criminals to the state where they were charged Governor responsible to return criminal Fleeing is federal crime – How does that help relations b/t states?

Settling Disputes Interstate Compacts – written agreements between two or more states - must be approved by Congress - enforced by Supreme Court 2. Lawsuits b/t states can only be settled in Supreme Court

Developing Federalism States’ Rights Nationalists View the Constitution as a compact among the states Believe that the federal government is not subordinate to any state

Exclusive Powers National Government has 3 exclusive powers: Declare war Regulate commerce Tax incomes (federal) Income tax has become the major source of revenue for the federal government

Federal Aid to States States must compete for their share of federal money The Southeast traditionally gets high federal revenue; Midwest tends to be towards the bottom