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Section 1: National and State Powers Essential Question Section 1: National and State Powers Section 2: Relations Among the States Section 3: Developing Federalism Section 4: Federalism and Politics Chapter Summary Chapter Menu

Section 1-Content Vocabulary delegated powers expressed powers implied powers elastic clause inherent powers reserved powers supremacy clause concurrent powers enabling act Section 1-Content Vocabulary

Section 1-Reading Strategy As you read, create a graphic organizer like the one below to keep track of national powers and state powers. Section 1-Reading Strategy

The Division of Powers The Constitution preserves the basic design of federalism—the division of government powers. It divides government authority between the national and state governments. The national and state governments also share some powers. Section 1

National Powers (cont.) Implied powers—the authority that the national government requires to carry out the powers that are expressly defined in the Constitution. The elastic clause is the basis for the implied powers because it allows the powers of Congress to stretch. Section 1

The States and the Nation The powers the Constitution reserves strictly for the states are called reserved powers. States have authority over some matters not found in the Constitution. The supremacy clause—Article VI, Section 2—makes the acts and treaties of the United States supreme. Division of Federal and State Powers Section 1

The States and the Nation (cont.) Concurrent powers are those powers that the national government and states both have. Concurrently with the national government, the states may exercise any power not reserved by the Constitution for the national government given state actions do not conflict with national laws. Denied powers are those powers denied to all levels of government by Article I, Section 9 of the Constitution. Section 1

Guarantees to the States The Constitution obliges the national government to do three things for the states: The national government must guarantee each state a republican form of government. The national government must protect states from invasion and domestic violence. The national government has the duty to respect the territorial integrity of each state. Section 1

Admission of New States The Constitution gives Congress the power to admit new states to the Union. There are two restrictions on this power: No state may be formed by taking territory from one or more states without the consent of the states involved and of Congress. Acts of admission are subject to presidential veto. Section 1

Admission of New States (cont.) An enabling act, when signed by the president, enables the people of a territory interested in becoming a state to prepare a constitution. The territory’s constitution is submitted to Congress who, if agreeable, passes an act admitting the territory as a state. Congress or the president may impose certain conditions before admitting a new state, including requiring changes in the drafted constitution submitted by a territory. Section 1

Admission of New States (cont.) Once admitted to the Union, each state is equal to every other state and has rights to control its internal affairs. All states in the Union are bound to support the Constitution. Section 1

Obligations of the States States play a key role in the process of amending the Constitution. According to the Constitution, no amendment can be added to it unless three-fourths of the states approve it. Section 1

The Courts as Umpire Because federalism divides the powers of government, conflicts often arise between national and state governments. By settling such disputes, the federal court system, particularly the Supreme Court, plays a key role of umpire for our federal system. Section 1

Who settles most disputes between national and state governments? A. the president B. the Supreme Court C. state governors D. the Senate A B C D Section 1 – DQ8

Section 2-Content Vocabulary extradite civil law interstate compact Section 2-Content Vocabulary

Section 2-Reading Strategy As you read, use a cause-and-effect diagram to think about issues that lead states to make interstate compacts. Section 2-Reading Strategy

Interstate Relations Article IV of the Constitution requires that states must give “full faith and credit” to the laws, records, and court decisions of other states. This clause applies only to civil law, or laws relating to disputes between individuals, groups, or with the state. Judicial decisions in civil matters in one state will be honored and enforced in all states. Section 2

Interstate Relations (cont.) One state cannot discriminate unreasonably against citizens of another state—they must have the same privileges and immunities as citizens of that state. The states must extradite—return to a state—criminals and fugitives who flee across state lines to escape justice. States must settle their differences with one another peacefully. Section 2

Interstate Relations (cont.) Interstate compacts are written agreements between two or more states. Suits among two or more states are heard in the U.S. Supreme Court. Examples of Interstate Compacts Section 2

A. an interstate compact. B. immunity. C. extradition. Returning a criminal who has crossed state lines to escape justice is called A. an interstate compact. B. immunity. C. extradition. D. full faith and credit. A B C D Section 2 – DQ1

Section 3-Content Vocabulary states’ rights position nationalist position income tax preemption Section 3-Content Vocabulary

Section 3-Reading Strategy As you read, use a table like the one below to track the positions of states’ rightists and nationalists. Section 3-Reading Strategy

Section 3-Polling Question Which of these provisions has contributed most to the growth in power of the national government? A. the war powers B. the power to regulate interstate commerce C. the power to tax and spend A B C Section 3-Polling Question

States’ Rightists and Nationalists The states’ rights position is the view of federalism that favors state and local action in dealing with problems. This view is that the Constitution is a compact among the states. States’ rightists believe state governments are closer to the people and can better reflect their wishes than the national government. Section 3

believer in states’ rights. Jefferson was a strong believer in states’ rights. He did not want the Federal government to get tooooo big.

They believe that government too controlling takes away the freedom this country was intended to provide to citizens.

States’ Rightists and Nationalists (cont.) The nationalist position rejects the idea of the Constitution as a compact among the states. This view argues that because the people created both the national and state governments, the national government is not subordinate to the states. Section 3

Nationalist believe that the Federal government was created to oversee and protect the state governments. The Federal government must have more power to make nation stronger as a whole.

A. nationalist position B. states’ rights position A B Which position rejects the idea of the Constitution as a compact among the states? A. nationalist position B. states’ rights position A B Section 3 – DQ1

Growing National Government To meet the needs of a modern nation, the Supreme Court, Congress, and the president have stretched the powers of the central government using three provisions of the Constitution: The war powers—the national government has been given the authority to wage war. The power to regulate interstate commerce. Section 3

Growing National Government (cont.) The power to tax and spend—the Sixteenth Amendment gave Congress the power to levy an income tax. Sometimes Congress uses taxes to regulate businesses. Congress can use taxes to influence states to adopt certain programs. Section 3

A. the direct election of Senators Which constitutional provision is supported by the Sixteenth amendment? A. the direct election of Senators B. the right for all citizens to vote C. the power to tax D. the limit on presidential terms A B C D Section 3 – DQ2

Federal Aid to the States Congress has two major ways to influence the policies of state and local governments: by providing federal grants of money, and by mandating state and local governments to follow certain policies. Such as changing speed limits on highways Federal Revenue Returns to the States, 2005 Section 3

How does the government regulate school lunches?

Federal Aid to the States (cont.) The national government provides money to the states through federal grants— sums of money given to state or local governments for specific purposes. Taxes are collected by the federal government from the states and then allocated through grants to people in many states. Federal Revenue Returns to the States, 2005 Section 3

Federal Aid to the States (cont.) Since the mid-1960s, Congress has used preemption—the federal government’s ability to take over a state government function. Preemption laws can limit state and local authority by restraining their power or by mandating them to do certain things. Federal Revenue Returns to the States, 2005 Section 3

Section 4-Content Vocabulary sunset law sunshine law bureaucracy Section 4-Content Vocabulary

Section 4-Polling Question Should the division of powers between national and state government favor the national government or state government? A. state government B. national government A B Section 4-Polling Question

Federalism and Public Policy When a government settles on a course of action, it is called public policy. Federalism influences public policy in two ways: It influences how and where policies are made. It places certain limits on policy making. Section 4

Federalism and Public Policy (cont.) A sunset law is a provision in a law that sets an automatic end date for the law. Lawmakers are forced to review the need for continuing law beyond that date. Sunshine laws prohibit public officials from holding closed meetings. Section 4

What type of laws prohibit public officials from holding closed meetings? A. sunshine laws B. twilight laws C. sunset laws A B C Section 4 – DQ1

Federalism and Political Parties Federalism makes it possible for different political parties to be victorious in state, local, and federal elections. This lessens the risk of one party having a monopoly of political power. Section 4

By allowing different political parties to be victorious in state, local and federal elections federalism lessens the risk of A. two parties having equal political power. B. creating new political parties. C. one party having all of the political power. D. disputes between political parties. A B C D Section 4 – DQ2

Political Participation Federalism provides for political participation of citizens by allowing them to: run for local office, lobby the state government, and campaign for a candidate for national office. Section 4

Political Participation (cont.) American federalism gives citizens many points of access to government leaders and increases their opportunities for influencing public policy. Americans have the chance to vote often for governors, state lawmakers and many other state and local officials. Americans may work with special-interest groups to influence national policies and state and local government agencies. Section 4

Political Participation (cont.) Federalism provides an increased chance that one’s political participation will have some practical impact on policy. Section 4

B. lobby the state government. C. campaign for a national candidate. Federalism encourages citizen participation in politics by allowing them to A. run for local office. B. lobby the state government. C. campaign for a national candidate. D. all of the above. A B C D Section 4 – DQ3

Federalism’s Bureaucrats The great increase in federal programs in the mid-1930s called for a large bureaucracy, or organization of government administrators, to carry out legislation. The increase in federal programs has changed how state and federal officials relate to one another. Government Employees Section 4

The organization of government administrators that carries out legislation is called: A. bureaucracy. B. federalism. C. technocracy. A B C Section 4 – DQ4

The Direction of Federalism Since the founding of the country, there has always been a debate about what the proper division of powers between the national government and the states should be. The general tendency over the years has been in favor of the national government, but the power balance is constantly evolving in response to new issues. Because of the relatively even distribution of party seats in recent Congresses, legislation has reflected both positions. Section 4

The general tendency in the United States over the years has been in favor of state governments. A. True B. False A B Section 4 – DQ6

Section 4-End

The Constitution delegates certain powers to national government Federal System The Constitution delegates certain powers to national government Some powers are shared by the federal government and states All other powers are reserved to the states or the people Chapter Summary start

Developing Federalism States’ rights position favors the power of states over national government Nationalist position favors supremacy of national government over states Size and power of national government expanded over the years to meet the needs of a modern industrial nation Today states are gaining responsibility as federal government loosens regulations Chapter Summary

Federalism and Politics Federalism determines whether public policy originates at local, state, or national level Federalism lessens the risk of one political party monopolizing power Federalism gives citizens greater opportunities to participate in politics Chapter Summary

Chapter Summary – end of

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DFS Trans 1 ANSWERS 1. between 1960 and 1970 2. about three and a half times larger   3. Possible answer: There are many more local governments than state and federal governments. DFS Trans 1

ANSWERS 1. California, Nebraska, North Carolina and Texas: no automatic cancellation; Wisconsin: after four years   2. Wisconsin: a voter can register on Election Day   3. the Constitution DFS Trans 2

ANSWERS 1. Virginia receives the largest total amount and the smallest per capita amount of federal aid.   2. The population of Hawaii is larger than the population of Alaska.   3. Virginia DFS Trans 3

DFS Trans 4 ANSWERS 1. voting and signing a petition 2. Answers will vary. 3. Possible answers: study issues, attend meetings, write letters to elected officials, volunteer DFS Trans 4

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