Federal and State Relations Chapter 4

 The constitution grants 3 types of power to the national gov’t: expressed, implied, and inherent  These 3 powers are known as delegated powers  Expressed powers: are those powers directly expressed or stated in the Constitution  Found in Articles I, II, & III  Implied powers: the powers that the national gov’t needs to carry out the expressed powers  Example: the military draft  The basis for the implied powers is the “necessary and proper clause” or the elastic clause  Article 1, section 8

 Inherent Powers: are those powers that the national government may exercise simply because it is necessary to run/protect a country  Examples: control immigration, establish diplomatic relations with other countries.  Reserved powers: are those powers reserved or saved strictly for the states  (Thanks to the 10 th amendment) – anything not explicitly for the national government is saved for the states  Examples: gay marriage, the public school system

 Concurrent Powers: are those powers that both the national gov’t and the state gov’t have.  Example: the power to tax, maintain courts, and define crimes.  Denied powers: the powers the Constitution specifically states that the national gov’t cannot do.  (Article 1, section 9)  Examples: can’t tax exports, can’t interfere with the states ability to carry out its responsibilities

National Government (expressed powers, implied powers, & inherent powers) State Government (reserved powers) National & State Govt. (concurrent powers) Regulate foreign and interstate commerce Coin money (make money) Provide an army and navy Declare War Establish federal courts below the Supreme Court Conduct foreign relations Exercise powers implied from the expressed powers Regulate Intrastate commerce Establish local government systems Administer elections Protect the public’s health, welfare, and morals Levy taxes Borrow money Spend for general welfare Establish courts Enact and enforce laws

 Republican form of government  Example: Southern states after the Civil War  Protection  Foreign invasion  Domestic disorder  Natural disaster  Territorial Integrity  The gov’t won’t take land from any state to create a new state without the permission of the state legisature.

 To become a state:  Territory  State constitution approval  and “Welcome to the family” … statehood!  Equality of the states  Once admitted to the Union you are equal to every other state both in privileges and in obligations

 Question:  Gun Control. Who should call the shots?  Video Video  What do you think after viewing the video? Should the Govt have that sort of regulatory power? Should the States control guns because they are closer to the matter? In what ways does the federal government step on the rights of the states? Why? What is the advantage of the state government making laws for the people? What is the role of the federal government in dealing with state law?

 Question: Does Congress have the power to require that nearly all Americans purchase health insurance as part of a larger regulatory scheme to lower health care costs and expand health care coverage?  Video on the Commerce ClauseCommerce Clause  Proceed to Activity  You will have two days to work on this in class  You will be presenting on Tuesday of next week

 Full Faith and Credit  Each state must recognize the laws and legal proceedings of the other states.  Such as: public acts, records, judicial proceedings  Privileges and Immunities  States cannot discriminate unreasonably against citizens of other states  Included: you may pass through or live in any state; use the courts; make contracts; buy, sell, and hold property, marry.  “privileges and immunities” does not include voting, serving on juries, and using certain public facilities.

 Extradition  To prevent criminals from escaping justice simply by going from one state to another.  Interstate Compacts  Agreements between states that must be approved by Congress  Lawsuits between states  These cases are heard and decided by the federal courts  Examples: disputes over water rights, pollution, boundary lines

 Dual  Often called “layer cake”  Federal and state governments act within their own realm – Constitution is the glue Lincoln and the secession of the South  Federalism that was in place until the New Deal

 Cooperative  Often called “marble cake”  Federal and state governments often share powers causing a blending between the two spheres  Began with the New Deal  Characterized by the movement of money between the Federal and State governments  A form of leverage to get States to work within Federal policies

 Grants-in-aid  Block –States favor  Categorical – Federal Govt favors  New Federalism – Nixon  Mandates  Funded  Underfunded – No Child Left Behind  Unfunded