Federalism

Federalism System of govt. in which a written constitution divides the powers of govt. between a national government and several regional governments. System of govt. in which a written constitution divides the powers of govt. between a national government and several regional governments.

Powers of Government Expressed Expressed Implied Implied Inherent Inherent

Powers of the National Government Expressed: Specifically stated in the constitution. Expressed: Specifically stated in the constitution. Section. 8. Art 1: 18 Clauses that give congress 27 powers.

Implied Powers Not specifically stated but suggested by the constitution Not specifically stated but suggested by the constitution

Expressed & their Implied Powers

Inherent Belong to the National government because it is the government of a sovereign state. Belong to the National government because it is the government of a sovereign state. Ex: Power to regulate immigration, deport undocumented aliens, to acquire territory Ex: Power to regulate immigration, deport undocumented aliens, to acquire territory

Powers Denied to the National Government Ones stated in the Constitution Ones stated in the Constitution Ex: Govt. cannot prohibit the freedom of religion, speech, press, or assembly, Ex: Govt. cannot prohibit the freedom of religion, speech, press, or assembly,

Silence of the Constitution: Silence of the Constitution: –Doesn’t say anything about the power in the constitution. –Ex. Marriage Rules, Public School Systems

Powers are denied because we have a federal system Powers are denied because we have a federal system –Certain powers are given to the states.

More Definitions Reserved powers: Powers given to the states. Reserved powers: Powers given to the states. Exclusive: Powers only given to the National government. Exclusive: Powers only given to the National government. Concurrent: Shared Powers Concurrent: Shared Powers

The Supreme Law of the Land The Supremacy Clause in the Constitution establishes the Constitution and United States laws as the “supreme Law of the Land.” The Supremacy Clause in the Constitution establishes the Constitution and United States laws as the “supreme Law of the Land.”

Admitting New States Only congress has the power to admit Only congress has the power to admit Step 1: Enabling Act: directs people of territory to frame a proposed state constitution. Step 1: Enabling Act: directs people of territory to frame a proposed state constitution. Step 2: Constitution submitted to congress for consideration Step 2: Constitution submitted to congress for consideration Step 3: Act of admission- act creating new state Step 3: Act of admission- act creating new state Step 4: President signs act- new state enters union. Step 4: President signs act- new state enters union.

Interstate Relations Full Faith & Credit Clause Full Faith & Credit Clause Extradition Extradition Privileges & Immunities Clause Privileges & Immunities Clause

Full Faith & Credit Clause “Full faith and credit shall be given in in each state to the public acts, records, and judicial proceedings of the State.” “Full faith and credit shall be given in in each state to the public acts, records, and judicial proceedings of the State.” Public Acts= Laws Public Acts= Laws Records= Documents (Birth Certificates, Marriage Licenses, Deeds, Car Registration) Records= Documents (Birth Certificates, Marriage Licenses, Deeds, Car Registration) Judicial Proceedings= Court Cases Judicial Proceedings= Court Cases

Constitutional requirement that each State accept the public acts, records, and judicial proceeding of every other State. Constitutional requirement that each State accept the public acts, records, and judicial proceeding of every other State. There are two exceptions to the clause though: (1) One State cannot enforce another State’s criminal laws. And, (1) One State cannot enforce another State’s criminal laws. And, (2) Full faith and credit need not be given to certain divorces granted by one State to residents of another State. (2) Full faith and credit need not be given to certain divorces granted by one State to residents of another State.

Extradition “ A person charged in any State with treason, felony, or other crime, who shall flee from Justice, and be found in another state, shall on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the state having Jurisdiction of the Crime” “ A person charged in any State with treason, felony, or other crime, who shall flee from Justice, and be found in another state, shall on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the state having Jurisdiction of the Crime” Legal process by which a fugitive from justice in one State is returned to that state. Legal process by which a fugitive from justice in one State is returned to that state.

Privileges and Immunities Clause “The citizens of each state shall be entitled to all privileges and immunities of citizens of several states.” “The citizens of each state shall be entitled to all privileges and immunities of citizens of several states.” Provides that no State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States. Provides that no State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States. Ex: Can travel to other states, buy property there, get a job there Ex: Can travel to other states, buy property there, get a job there

However, States can draw reasonable distinctions between its own residents and those of other space, such as charging out- of-State residents higher tuition for State universities than in-State residents. Also for hunting licenses. However, States can draw reasonable distinctions between its own residents and those of other space, such as charging out- of-State residents higher tuition for State universities than in-State residents. Also for hunting licenses.