THE DIVISION OF POWERS a. The federal system divides Govt powers between national and state govt b. u.s federalism has continued to change since its.

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Presentation transcript:

THE DIVISION OF POWERS a. The federal system divides Govt powers between national and state govt b. u.s federalism has continued to change since its inception in 1787 C. THE INHERENT POWERS OF THE NATIONAL GOVT ARE POWERS IT EXERCISES SIMPLY BECAUSE IT IS A GOVT

NATIONAL POWERS A. THE NATIONAL GOVT’S EXPRESSED POWERS ALLOW IT TO LEVY TAXES, TO COIN MONEY, TO MAKE WAR, TO RAISE AN ARMY AND NAVY, AND TO REGULATE INTERSTATE COMMERCE. B. THE IMPLIED POWERS, IN THE ELASTIC CLAUSE OF THE CONSTITUTION, ARE POWERS THE NATIONAL GOVT REQUIRES TO CARRY OUT THE EXPRESSED POWERS

NATIONAL POWERS (CONT’D) THE INHERENT POWERS OF THE NATIONAL GOVT ARE POWERS IT EXERCISES SIMPLY BECAUSE IT IS A GOVT

THE STATES AND THE NATION A. THE RESERVED POWERS BELONG TO THE STATES, WHICH MAY EXERCISE ANY POWER NOT DELEGATED TO THE NATIONAL GOVT, RESERVED TO THE PEOPLE, OR DENIED THEM BY THE CONSTITUTION B. THE SUPREMACY CLAUSE MAKES U.S ACTS AND TREATIES SUPREME

STATES AND THE NATION (CONT’D) C. NATIONAL AND STATE GOVT EXERCISE CONCURRENT POWERS INDEPENDENTLY D. THE CONSTITUTION LISTS POWERS DENIED TO BOTH NATIONAL AND STATE GOVT

GUARANTEES TO THE STATES A. STATES ARE GUARANTEED A REPUBLICAN FORM OF GOVT B. STATES ARE GUARANTEED PROTECTION FROM INVASION AND DOMESTIC VIOLENCE C. STATES ARE GUARANTEED RESPECT FOR THEIR TERRITORIAL INTEGRITY

ADMISSION OF NEW STATES A. CONGRESS HAS THE POWER TO ADMIT NEW STATES TO THE UNION B. CONGRESS OR THE PRESIDENT MAY SET CONDITIONS FOR ADMITTING A STATE C. EACH STATE ADMITTED IS EQUAL TO EVERY OTHER STATE.

THE NATIONAL GOVERNOR’S ASSOCIATION A. THE NGA HELPS THE STATE’S governor’s solve common problems b. by joining together, governors become more active in national policy making c. the constitution officials and consider the ratification of constitutional amendments

The Courts as Umpire a. The supreme court and the federal courts settle disputes between the states and the national Govt b. the court has held that the national govt Is supreme

INTERSTATE RELATIONS A. THE CONSTITUTION REQUIRES EACH STATE TO RECOGNIZE THE LAWS AND LEGAL PROCEEDINGS OF ALL OTHER STATES IN CIVIL, NOT CRIMINAL, MATTERS B. 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

INTERSTATE RELATIONS (CONT’D) C. Criminals fleeing to other states may be returned to their home state by extradiciton – the legal process through which one state govt surrenders an accused criminal to another state govt d. 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

STATE’S RIGHTS VERSUS NATIONALISTS A. THE STATES’ RIGHTS POSITION IS THAT THE NATIONAL GOVT IS AN AGENT OF THE STATES AND ITS POWERS SHOULD BE NARROWLY DEFINED B. THE NATIONALIST POSITION IS THAT THE PEOPLE, NOT THE STATES, CREATED THE NATIONAL GOVT AND THAT ITS POWER SHOULD BE EXPANDED TO CARRY OUT THE PEOPLE ‘S WILL.

GROWING NATIONAL GOVT A. THE FLEXIBILITY OF THE CONSTITUTION HAS ALLOWED THE SUPREME COURT, CONGRESS, AND THE PRESIDENT TO STRETCH THE POWER OF THE NATIONAL GOVT TO MEET THE NATION’S GROWING NEEDS B. THE POWER TO WAGE WAR HAS EXPANDED THE NATIONAL GOVT ‘S POWER

GROWING NATIONAL GOVT (CONT’D) C. SUPREME COURT DECISIONS HAVE STRETCHED CONGRESS’ POWER TO REGULATE COMMERCE TO COVER MANY DIFFERENT AREAS OF PUBLIC ACTIVITIES D. Congress has used its taxing power to increase the authority of the national govt

FEDERAL AID TO THE STATES A. FEDERAL AID TO THE STATES HAS GREATLY INCREASED SINCE THE 1950’S; THE MAIN WAY THE NATIONAL GOVT PROVIDES MONEY TO THE STATES IS THROUGH FEDERAL GRANTS B. PREEMPTION LAWS LIMIT THE AUTHORITY OF STATE AND LOCAL GOVT TO MAKE THEIR OWN POLICIES

FEDERALISM AND PUBLIC POLICY a. Federalism affects how new public policies are made and imposes limits on making public policy b. policy may originate at the national, state or local level oF govt

FEDERALISM AND POLITICAL PARTIES a. The two major political parties have completed for control in national, state and local elections b. control of govt at all levels has shifted between these political parties

POLITICAL PARTICIPATION A. OUR FEDERAL SYSTEM GIVES CITIZENS MANY POINTS OF ACCESS TO GOVT AND MANY OPPURTUNITIES TO INFLUENCE PUBLIC POLICY B. CITIZENS CAN VOTE FOR STATE AND LOCAL OFFICIALS AND WORK TOGETHER TO INFLUENCE POLICIES AT ALL LEVELS OF GOVT

FEDERALISM’S PROFESSIONAL POLITCIANS A. THE GROWTH OF FEDERAL PROGRAMS HAS CREATED A LARGE BUREACRACY WITH SPECIALIZED KNOWLEDGE TO IMPLEMENT THOSE PROGRAMS B. THESE INCREASED FEDERAL PROGRAMS HAVE CHANGED THE POLITICAL RELATIONSHIP BETWEEN STATE AND FEDERAL GOVT OFFICIALS

DIFFERENCE AMONG THE STATES A. FEDERALISM HAS CONTRIBUTED TO IMPORTANT ECONOMIC AND POLITICAL DIFFERENCES AMONG THE STATES B. POLITICAL AND ECONOMIC DIFFERENCES AMONG THE STATES GIVE U.S CITIZENS WIDER OPPURTUNITIES FOR CHOOSING THE CONDITIONS UNDER WHICH THEY WILL LIVE .

THE DIRECTION OF FEDERALISM A. THE BALANCE OF POWER BETWEEN THE NATIONAL GOVT AND THE STATES IS CONSTANTLY EVOLIVING IN RESPONSE TO NEW ISSUES B. IN RECENT DECADES, DEMOCRATS HAVE GENERALLY FAVORED A NATIONALIST POSITION WHILE REPUBLICANS HAVE FAVORED A STATES’ RIGHTS VIEW.