1. Federalism National Government – powers granted to the National Government are called Delegated Powers and can be divided into three types: 1.Expressed – powers clearly spelled out in the Constitution (Enumerated). a.Collect taxes, coin money, declare war, commander in chief, pardons, treaties, income tax 2.Implied – “Necessary & Proper” a.Article 1 Section 8 – Elastic Clause b.McCulloch v. Maryland

2. Federalism 3.Inherent – Powers that belong to ALL sovereign states. a.Immigration, acquire territory, recognition Powers Denied – Expressly – Bill of Rights (1 through 8) Not written in the Constitution – School systems Due to the principle of Federalism (threaten the system e.g. taxation)

3. FEDERAL POWERS To maintain an army and a navy To declare war To coin money To regulate trade between States and foreign nations To make treaties with foreign nations SHARED POWERS To enforce laws To establish courts To borrow money To secure the population To build an infrastructure To collect taxes To make laws STATE POWERS To conduct elections To establish schools Intrastate Commerce Establish local government Regulate marriages Assume other powers not given to the Federal government by the Constitution, nor denied to the States

4. SHARED POWERS To enforce laws To establish courts To borrow money To secure the population To build an infrastructure To collect taxes To make laws

5. State Governments – Powers granted to the State governments are called Reserved Powers (10 th Amendment) A.Public schools, regulate services and utilities, land laws, health, public safety, etc. B.Any laws not given to the National Government but not denied to the States Powers Denied – A.Some powers are Expressly denied such as coining money, entering into treaties, or denying due process (Exception 21 st Amendment) B.Due to the principle of Federalism (threaten the system e.g. taxation )

6. Interaction between National & State Governments – Government operates on both a National and State level* 1.Exclusive – Powers that can be exercised by the National Government ONLY, but can either be Expressly denied or not Expressly denied to the States a.Expressly denied – coin money (most delegated powers) b.Not Expressly denied – Interstate Commerce

7. Interaction between National & State Governments 2.Concurrent – Powers exercised by both the National AND States Governments separately and simultaneously a.Taxes b.Penal Codes c.Courts 3.Local Governments are subunits of the State Governments

8. The National Government & the 50 States Obligation to the States – Article IV The Constitution requires the National Government to “guarantee to every State in this Union a Republican Form of Government.” Each State must have a representative government.

9. The National Government & the 50 States Other examples include:  Protection against invasion – collective security, keeping the peace within their borders, federal assistance provided if necessary.  Disaster aid – Follows the disaster process  Recognize the legal existence and physical boundaries of each State. This includes representation.

10. The Major Disaster Process A Major Disaster Declaration usually follows these steps: 1.Local Government Responds, supplemented by neighboring communities and volunteer agencies. If overwhelmed, turn to the state for assistance. 2.The State Responds with state resources, such as the National Guard and state agencies. 3.Damage Assessment by local, state, federal, and volunteer organizations determines losses and recovery needs. 4.A Major Disaster Declaration is requested by the governor, based on the damage assessment, and an agreement to commit state funds and resources to the long-term recovery. 5.FEMA evaluates the request and recommends action to the White House based on the disaster, the local community and the state's ability to recover. 6.The President approves the request or FEMA informs the governor it has been denied. This decision process could take a few hours or several weeks depending on the nature of the disaster.

11. The National Government & the 50 States Congress has the power to admit new States – 1.Petition Congress for admittance 2.Passage of an Enabling Act which leads to a State Constitution 3.Framing of that Constitution and voted upon by the people 4.Submitted and approved by Congress by passing an Act of Admission 5.Sent to the President for approval **Congress has the power to set conditions for admission as long as they do not jeopardize equal representation or the State’s independence and ability to manage its own affairs.

12. Cooperative Federalism Federal Grant-In-Aid – Grants of money and/or resources to be used for schools, colleges, roads, and State Universities. Can be Categorical (specific purpose) or conditional (if conditions are met). Examples include: New Deal, Morrill Land Grant Act.

13. Cooperative Federalism Block Grants – Federal grants given to States with broadly defined purposes and few conditions. State/Local governments have more say in how the money is to be used. Project grants are also distributed to State/Local governments and/or private agencies. Examples include: social services, medical research. Revenue Sharing – 1972-1987 Federal government shares huge amounts of tax revenues with State/Local governments. No strings attached with 1 exception.

14. Cooperative Federalism Other Forms of Aid – FBI, Census Bureau, law enforcement training, military training (N – S). Elections, naturalization process, capturing fugitives (S – N).

15. Interstate Relations Interstate Compacts – No State may enter into any treaty, alliance, or confederation. States may, with the consent of Congress, enter into interstate compacts - - agreements among themselves and with foreign states. More than 200 are in effect and include issues such as law enforcement, resource development, and conservation.

16. Interstate Relations Full Faith and Credit – The Constitution ensures that States recognize the laws, documents, and court proceedings of the other States. There are 2 exceptions: 1.One State cannot enforce another State’s criminal laws. 2.Full faith and credit need not be given to certain divorces granted by one State to residents of another State (Williams v. North Carolina).

17. Interstate Relations Extradition – Legal process by which a fugitive from justice in one State is returned to that State. Governors are the State executives that handle the extradition process. If a governor is unwilling to return a fugitive to a State, federal courts can intervene and order that governor to do so. The Supreme Court overturned a prior court decision.

18. Interstate Relations Privileges and Immunities – No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States. States cannot, for example, pay lower welfare benefits to newly arrived residents than it does to its long-term residents (Saenz v. Roe, 1999). States can draw reasonable distinctions between its own residents and those of other States such as in-State tuition, fees, licensing, etc.