1. Federalism: The Division of Power Ch 4.1

2. Federalism System of gov’t where pwrs are divided btw nat’l and state/local gov’ts. –Const tells how the system works in detail

3. U.S. and its states

4. Canada and its provinces

5. Mexico and its states

6. Germany and its states

7. Division of Powers Some pwrs are given to the nat’l gov’t Some pwrs are given to the state gov’t Some pwrs are given to both

8. Delegated powers –Pwrs granted (delegated) by the Const 3 diff types of delegated pwrs… Expressed, Implied, Inherent Powers of the National Government

9. Expressed Powers Written plainly (expressly) in the Const Examples: –Congress shall have the pwr to: - Collect taxes - Coin $$ - Est Post Offices - Declare war - Patents/copyrights - Regulate interstate commerce

10. Implied Powers Not written plainly but suggested NECESSARY AND PROPER CLAUSE - Congress can make all laws that are necessary and proper for carrying out its express powers. (Elastic clause) Gives Cong lots of pwr to do what they think is needed.

11. Necessary and Proper Clause In Action Built interstate hwy system Prohibits racial discrimination

12. Air Force

13. Inherent Powers Pwrs that all nat’l gov’ts have Pwrs exist b/c the US exists Examples –Regulate immigration –Acquire territory (Louisiana Purchase) –Grant diplomatic recognition (Nixon in China) –Protect nation against rebellion (Civil War)

14. Denied Powers Const says the Nat’l gov’t can’t do certain things –Does this in 3 ways Denies pwr expressly (can’t deny freedom of speech) Silence of Const (marriage & divorce laws) Fed system denies it (can’t tax states)

15. Powers of the States Reserved Powers –all pwrs not given to the nat’l gov’t are reserved for states –10 th Amend

16. Examples Forbid ppl under 18 to marry w/o parental consent Est public schools Regulate alcoholic beverages Require doctors, lawyers, & teachers to be licensed Conduct elections

17. Powers denied to the states Expressly –Cannot Enter a treaty/alliance w/ another nation Print or coin $$ Inherently –Can’t tax nat’l gov’t –Must follow state const

18. Concurrent Powers Concurrent powers –Held by both nat’l gov’t and states –Examples: Levy and collect taxes Borrow $$ Est. Cts. Define crimes and punishments Claim private property for public use

19. Supremacy Clause Const is the supreme law of the land

20. The Nat’l Gov’t and the 50 States Ch 4.2

21. What does the Nat’l gov’t give to the 50 states A republican form of gov’t –Which means representative

22. Internal Disorder & Natural Disasters If a state can’t handle a disaster or riot, they can request federal assistance Ex: Detroit Race Riots (1967)

23. The Major Disaster Process Chart on p. 98 Hurricane Katrina: Who’s responsibility is it to help?

24. Respect territorial integrity Recognize boundaries Must seat all members in Congress Can’t deny equal representation in Senate

25. Admitting New States Area asks Congress for admission Congress passes enabling act, telling ppl of that state to make a state const. –const proposed to voters of area –If voters pass it, it’s proposed to Congress If Congress agrees, they pass an act of admission, creating the new state. –If the Pres signs the act, new state enters the Union

26. Possible New States American Samoa Guam Virgin Islands Puerto Rico

27. Federal Grants Categorical grant-made for some specific, closely defined purpose (very specific details) Block grant-made for broadly defined purposes (states like these) Project grant-made for specific projects to states, localities, and private agencies who apply for them (it is a one time gift of $$)

28. Federal school lunch program A categorical grant

29. Construction of airport Categorical Grant

30. Block Grants Health care Welfare

31. Project Grants National Cancer Institute –Cancer research

32. Interstate Relations Ch 4.3

33. Interstate Compacts Agreements, with the consent of Cong, btw states

34. Great Lakes Commission 8 states border Great Lakes; are part of compact

35. Driver License Compact Exchange info concerning license suspensions and traffic violations

36. Full Faith and Credit Clause Ea state accepts the public acts, records, and judicial proceedings of every other state.

37. Driver’s License

38. Birth Certificate

39. Marriage Certificate

40. Exceptions 1.Applies to civil, not criminal matters. 2.Certain Divorces: If person who obtained divorce is not a resident of the state that granted it.

41. Extradition Legal process by which a fugitive from justice in one state is returned to the state they fled from example

42. Privileges and Immunities Clause No state can draw unreasonable distinctions btw its own residents and those who happen to live in other states. Examples –States must allow ppl to travel or become a resident of another state –States cannot direct employers to give a hiring preference to in-state residents

43. Reasonable Distinctions can be Drawn States may require residency periods before allowing ppl to vote or to practice law or medicine. States may require nonresidents to pay higher fees for hunting and fishing. States colleges can set higher tuition rates for out-of-state students!!!

44. “Privileges and Immunities Clause” Answer the following question in 4-5 sentences The University of California, Los Angeles (UCLA) charged residents tuition and fees of $7,062 per year and nonresidents $24,882 per year in 2005- 2006. Do you think this practice is fair or justified? Why or why not?