Powers Divided... Federalism One of the Basic Principles of the Constitution Chapter 4

Federalism- division of power between national government & several smaller governments; states (local governments)

Why federalism? Founding Fathers knew Govern power is threat to individual liberty! Government power need to be restrained! To divide power in government, Federalism, is to prevent abuse !

Delegated Powers powers given to the national/federal government- powers affect more then one state…

Three types of delegated powers! Delegated Powers – specifically assigned to the Federal Government by Constitution 1. Expressed Powers - “ enumerated ” - specifically spelled out - includes exclusive powers 2. Implied Powers – not directly stated, but are suggested by the expressed powers- elastic clause (Necessary and Proper Clause) 3. Inherent Powers - through time have come to possess, all sovereign gov ’ t have these

Constitution- Article 1 Section 8-Expressed Expressed powers given to Congress & federal government Include power to declare war, levy taxes, regulate commerce and currency The expressed powers grant the legislative branch a huge amount of authority over American national policy, both foreign and domestic.

Delegated- Expressed Powers

Alexander Hamilton & Implied Powers Some of the founders like Alexander Hamilton believed that it simply wasn’t possible to list all the powers that the government could be allowed, therefore what could be "implied" from the powers specifically stated was constitutional

Click here for Video Video link to “elastic clause in 3 Minutes”

Reserved powers- Held by the States Alone Idea is that the states are more “in tune” with the unique needs of the people of their state.

Federalism

List of powers!

Concurrent Powers Concurrent means "at the same time", in this case concurrent powers are those that both the federal and state governments have simultaneously.

Supremacy Clause the Constitution is above all other laws “ supreme law of the land ”

Federalism Today Clash between Feds & State

DOMA The Defense of Marriage Act (DOMA) is a federal law passed in 1996 that both created a federal definition of marriage as being between a man and a woman and expressly gave & states permission to refuse to recognize marriages entered into by same-sex couples in other jurisdictions.

Full Faith & Credit Clause marry in one state & move to another it should be respected! But… DOMA-relives states of obligation to recognize same sex marriage

Supreme Court Declared DOMA as unconstitutional Supremacy Clause-states Constitution is above all other laws “ supreme law of the land ”

Federalism Today Clash between Feds & State

In what ways do the federal & state governments work together? Called Cooperative Federalism!

Grants-in-aid- aid to states, cities & local governments

THREE TYPES OF FEDERAL GRANTS TO STATES Categorical Grants - used for very specific programs; often come as matching funds- state must match the funds the fed. Government provides. School lunches, airports…. Block Grants – broad areas- healthcare, social services, welfare Project Grants- supports specific projects - science grants, medical issues..

CHAPTER 3 SECTION 3 Next Section Interstate Relations

Sec. 3 - Interstate Relations Relations among the states - encouraged by Const. Interstate Compacts - agreements made between states; typically over environmental & shared issues Full Faith & Credit Clause - must respect official documents, laws, court orders, & records of other states- birth certificate & other things valid in all states. If person loses lawsuit in Pennsylvania & has to pay $50,000- cannot flee to NJ to get out of paying!

“Four Corners” States must interact with each other on many issues…

Interstate Relations- One example – Interstate Compacts Interstate Compacts - agreements made between states; typically over environmental & shared issues, highways that cross into different states.

1921 compact created..

Full Faith & Credit Clause

State drivers License..

Full Faith & Credit Clause marry in one state & move to another it should be respected! But… DOMA-relives states of obligation to recognize same sex marriage

DOMA The Defense of Marriage Act (DOMA) is a federal law passed in 1996 that both created a federal definition of marriage as being between a man and a woman and expressly gave & states permission to refuse to recognize marriages entered into by same-sex couples in other jurisdictions.

Supreme Court Declared DOMA as unconstitutional Supremacy Clause-states Constitution is above all other laws “ supreme law of the land ”

Interstate Relations Privileges & Immunities - citizens of a state enjoy all the rights of citizens of all other states (14th Amend)

Sec. 3 - Interstate Relations Relations among the states - encouraged by Const. Interstate Compacts - agreements made between states; typically over environmental & shared issues Full Faith & Credit Clause - must respect official documents, laws, court orders, & records of other states- birth certificate & other things valid in all states. If person loses lawsuit in Pennsylvania & has to pay $50,000- cannot flee to NJ to get out of paying!

“Four Corners” States must interact with each other on many issues…

Interstate Relations- One example – Interstate Compacts Interstate Compacts - agreements made between states; typically over environmental & shared issues, highways that cross into different states.

Full Faith & Credit Clause

State drivers License..

will be returned Prevent a person from escaping justice by fleeing a State. Extradition - accused criminal will be returned-prevent a person from escaping justice by fleeing a state.