2.  Federalism- powers divided between federal and local level  Federal – State – regional  Allows local traditions/ways to be handled locally

3.  Our national government is a government of delegated powers  Has only the powers granted to it through the Const.

4.  The Expressed Powers  Expressed, written powers  “enumerated powers”  Art. I Sec. 8 spells out 27 powers of Congress  Ex: Power to tax, regulate commerce, set up post offices, etc.

5.  Implied Powers  Not expressly stated in the Const. but suggested by the expressed powers  Art. 1, Sec. 8, Clause 18 What is proper and necessary for Congress to do Elastic Clause – Stretch their powers Ex. Racial discrimination, building interstate system, etc.

6.  Inherent powers  Powers that governments have historically possessed because they are a sovereign nation in the world.  Ex. Regulate immigration, acquire territory, recognize other nations

7.  Three ways the Const. denies power  Expressly: Specifically written: No export tax  Silence of the Const.: Some powers are given to other branches: No uniform marriage laws, divorce laws, local governments  Federal system: States have some powers : Congress can not tax local governments

8.  10 th Amendment declares the state governments as the reserved powers  Powers the Const. does not grant to fed. Gov’t but does not deny them to the states  Outlaw activities, marriage, licenses, schools, etc.  Power to protect and promote public health  Most government comes from the states

9.  Powers denied to the state (Expressed)  Make treaties or alliance  Print or coin money  Deny life, liberty, or property without due process

10.  Exclusive Powers – powers given only to the fed. gov’t., not the states  Expressively denied to the states  Non-exclusive- regulate interstate commerce  Concurrent Powers- Powers that both the fed. Gov’t and the states possess.  Collect taxes, define crimes, set punishments, claim private property for public use

11.  Local governments are sub-units of state governments  Can provide services, regulate activities, collect taxes  Powers given to them by the state

12.  Supremacy Clause- “The Constitution and the Laws of the U.S. … shall be the supreme law of the land”  Includes treaties  Included to avoid conflict between state and fed. governments

13.  Supreme Court and Federalism  Supreme Court is the umpire between state and federal laws  McCulloch v. Maryland

14.  2 nd Bank of the U.S  Held federal deposits  Privileged position for loans to U.S. State banks at disadvantage Started to fail Maryland taxes the Baltimore branch

15.  Constitution requires the Government to guarantee certain things to the states  Makes it possible for the National Government to do certain things for the states

16.  Republican form of government  No true definition of “Republican form”  Should be up to Congress and President Southern states after Civil War did not have Senators or Congressman

17.  Invasion and Internal disaster  Protection from invasion- internal or external  Protection from riots within the state States are responsible for this but fed. Gov’t can help if governor requests it No request needed if federal laws are being broken or a federal event is being disrupted  Assistance after ravages of nature

18.  Respect for Territorial Integrity  Recognize the legal existence and physical boundaries of each state  Representation and equal representation in the Senate

19.  Only Congress has the power to admit new states  Can not create a new state out of existing state without the approval of the state involved and Congress

20.  Admission procedure  Ask Congress for admission  Enabling act – directs the territory to frame a state constitution  Convention prepares constitution and votes on it  Congress approves creating an Act of Admission  President signs it into statehood

21.  Conditions for admission  Congress can set certain provisions Ex. Outlaw polygamy in Utah  Equal footing with existing states Can not impose conditions of political nature Ex. Telling state where their capital has to be

22.  Shared powers  Funds provided to the states  Services provided to the states

23.  Federal Grants-in-Aid  Grants of fed. money or other resources to the states and their sub-units Roads, schools/universities, drainage, canals etc. Over 500 programs are active today Blurs the lines of the division of power

24.  Revenue Sharing  National government shares the taxes with the states and cities No rules on how to spend except in places that discriminated on basis of gender, race, religion or physical disability Stopped under the Reagan admin.

25.  Types of Federal Grants  Categorical grants: specific, closely defined purpose School lunches, airport construction, water treatment  Block Grants: broadly defined purposes Health care, social services, welfare  Project Grants: go to states and private companies who apply for them Scientist research, health and human services, etc

26.  Other forms of Federal Aid  FBI helps state and local police  Army helps with militia  Census Bureau

27.  State Aid to National Government  Elections Officials Paid for by state funds State laws for voting  Naturalization  State/local police help catch criminals

28.  Friction between states led to a new constitution  Commerce was the biggest concern

29.  No state can enter into a treaty, alliance or confederation  Create interstate compacts  Agreements among themselves and foreign states Can not increase the power of a state All 50 states share law enforcement information NY and NJ created the Port of New York Authority

30.  Deals with court matters  Can’t escape a ruling by leaving the state  Courts would give full faith and credit to the ruling state (recognize the validity)  Prove age, place of birth, marital status etc. with documents from the State the records are from

31.  Exceptions  Civil matters only (not criminal) Can’t enforce another state’s laws  Certain divorces granted by one state to residents of another Was the person a citizen of the state that granted the divorce?

32.  Williams v. North Carolina  Man and woman from N.C. went to Vegas, stayed for 6 weeks (minimum time to be considered residents)  Got divorces and then married  Moved back to N.C.  Ruling?

33.  Prevents people from escaping justice by fleeing a state  Governors must make request get fugitive back  Can refuse in cases of parental kidnapping and racial/political cases  Ky. v Dennison ruled that federal gov’t can not force a governor to turn over a fugitive Over turned with Puerto Rico v Branstad

34.  No state can draw unreasonable distinctions between its own residents and those who live in other states  Recognize certain rights  Travel between borders  Become residents  Use courts  Make contracts (buy, rent, or sell)  Marry

35.  Can not give hiring preferences to in state residents  Can not set welfare wages lower to new residents  May allow for time restraints on voting or hold office  Can ask for higher fees on hunting and fishing licenses