1. Federalism The Division of Power between National Government State Governments Local Governments Who has the power? The Division of Power between National Government State Governments Local Governments Who has the power?

2. Division of Powers Constitution decides who has the power It assigns certain powers to the National Government and / or the State Government Who has the power regarding cigarette smoking?

3. Reserved Power for the State Powers given to the states by the 10th Amendment

4. 10th Amendment “The powers not delegated to the United States by the constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

5. Powers Given to the States Reserved

6. Powers Given to the National Government Delegated Powers: Powers granted to the National Government by the Constitution

7. Three Types of Delegated Powers Expressed Powers Powers that are stated in the Constitution Constitution gives Congress 27 powers Taxation, coin money, regulate trade

8. Implied Powers Powers that are not written in the Constitution Powers that are necessary and proper- needed to run the government Also called the “Elastic Clause”

9. Inherent Powers Powers granted to the National Government because it is a sovereign nation within the world community Power to regulate immigration, deport illegal aliens, acquire territory, diplomatic recognition, protect itself

10. Exclusive Powers Most of the Powers given to the National Government Powers that can be exercised by the National Government only

12. Concurrent Powers Powers that both the National Government and the State Government posses. Collect taxes, borrow money, court system, punish crimes, take property for public use.

13. Division of Powers - p. 93 Delegated Powers of the National Government Reserved Powers of the States Concurrent Powers Examples of... National PowersConcurrent PowersState Powers Coin money Regulate interstate and foreign trade Raise and maintain armed forces Declare war Govern the U.S. territories and admit new States Conduct foreign relations Levy and collect taxes Borrow money Establish courts Define crimes and set punishments Claim private property for public use Regulate trade and business within the State Establish public schools Pass license requirements for professionals Regulate alcoholic beverages Conduct elections Establish local governments

14. Major Arguments for Federalism Prevention of tyranny Provision for increased participation in politics The use of the states as testing grounds or laboratories for new policies and programs

15. Supremacy Clause United States government has two basic levels of government Every once in a while they will conflict Who is “Supreme?”

16. National Government It is the “Supreme Law of the land” Any clash between National Law and State Law will be ruled in the National Government’s favor.

17. The Supremacy Clause U.S. Constitution Acts of Congress and Treaties State Constitutions State Statutes City & County Charters and Ordinances

18. Supreme Court Cases on Federalism – Mc v MD Does Congress have the authority to establish a bank? Does MD have the authority to tax that bank?

19. McCulloch v Maryland Supreme Court played an important role in the development of the federal system Marshall court (1819) established the doctrine of the supremacy of national law Supreme Court ruled against MD: national government is “supreme... the states have no power... to impede...”

20. United States v Lopez Is the Gun-Free School Zone Act passed by Congress constitutional? Whose power was reduced?

21. United States v Lopez Supreme Court using power of Judicial Review, ruled an act of Congress unconstitutional –“Gun Free School Zone Act Congress overstepped using Commerce Clause Federal law interfering with state power - education

22. Katrina August 2005

25. Struck Gulf Coast daybreak, Aug. 29 th 1,700 people killed Hundreds of thousands displaced 145 mph winds –Created 29’ wall of water –Highest ever measured in US –New Orleans levies failed –Flood protection system too simplistic –Flood waters rose to rooftops in poorest neighborhoods Costliest storms on record - $108 billion

29. Winds stripped 15’ sections off the roof of the Superdome –10,000 evacuees had taken shelter –No electricity, water, food, plumbing –August - no air-conditionin g Hundreds of thousands that could, left the city

33. FEMA –Created by President Carter 1979 –Part of Homeland Security 2003 –Governor requests resources from FEMA by letter to President FEMA recommends to President Always a state call –Initial response to Katrina “not acceptable”

34. LA requested FEMA Aug 28 th –Travel through bureaucracy –Federal response wasn’t until days after the storm hit –Communication breakdowns, lack of leadership –Michael Brown – head of FEMA removed. –75% FEMA funds used for terrorism response / not natural disasters

35. www.nola.com/katrina/graphic s/flashflood.swf

36. Sandy October 2012

37. Sandy hit October 29, 2012 –Southern NJ, headed northwest –23,000 people sought refuge –8.5 million lost power –Wind speed 115 mph –Stretched over 900 miles –117 deaths – mostly drownings –Storm cost: $50 billion

46. President signed emergency declarations for CT, DC, MD, MA, NJ, NY on Oct 28 th –Emergency response personnel and supplies deployed Better response – problems still exist –Investigating insurance fraud claims- engineering reports leading to claims denied (2015)

47. http://www.nytimes.com/2 015/03/13/nyregion/fema- to-review-hurricane- sandy-flood-claims-amid- scandal-over-altered- reports.htmlhttp://www.nytimes.com/2 015/03/13/nyregion/fema- to-review-hurricane- sandy-flood-claims-amid- scandal-over-altered- reports.html

48. Admitting of New States Congress passes enabling act –Write a constitution and vote –Submit constitution to Congress Congress passes act of admission – President signs –Equal to other states –Cons not conflict with US Constitution

49. Cooperative Federalism Grants in aid: $ to states with strings attached Categorical: specific purpose Block: broadly defined purposes Project grants: $ for specific projects – research, job training etc. Other forms of Fed Aid

50. State Aid to Federal Government Conduct national elections Naturalization Federal law enforcement agencies

51. Interstate Relations Interstate Compacts Full Faith and Credit –Willams vs North Carolina Extradition Privileges and Immunities

52. Interstate Compacts Agreement among states Non political ~ 200 in force today

53. Full Faith and Credit Clause States honor each other –Public acts –Laws, Records –Court action Exceptions: –Criminal, Wm vs. NC

54. Extradition Fugitive returned Can a governor refuse? –1987 SC decision?

55. Privileges and Immunities Discrimination unreasonably by one state All citizens must obey all laws Can make reasonable discrimin. –Gay marriage, voting, estab. residence