1. Federalism
Chapter 4

2. Section 1
Powers Divided

3. Federalism Avoiding British style of government
Prevent one part of government from becoming too powerful or abusing power

4. What is it?
System of government with a division of power between national government and several smaller governments
Each level has its own laws and officials
Each level has powers others do not

5. Delegated Powers Granted to federal government by the Constitution
Three kinds:
Expressed
Implied
Inherent

6. Expressed Powers Written out in the Constitution
Article I, Section 8 gives Congress 27 expressed powers
Declaring war
Coining money
Collecting taxes
Articles II and III grant certain expressed powers to the President and the courts

7. Implied Powers Suggested by expressed powers
Article I, Section 8, Clause 18:
Congress has the power “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers”
Called the Necessary and Proper Clause or the Elastic Clause

8. Inherent Powers Traditional powers of a sovereign state
Not stated in the Constitution
Include:
Regulating immigration
Acquiring territory
Protecting against rebellion

9. Denied! Listed in Article I, Section 9 and the Bill of Rights Include:
Taxing exports
Restricting freedoms
Denying rights
Other powers not listed or implied in the Constitution

10. What about the states? Balance power of the federal government
States have reserved powers
Not granted to the federal government
Not denied to the states
Some specifically denied
Printing money
Making treaties with foreign countries
Others denied inherently

11. Concurrent vs. Exclusive
Exclusive powers – only federal government
Concurrent powers – shared federal & state governments
Local governments – not part of the federal system, given powers by individual states

12. Federal Powers State Powers
Deal with other countries
Coin money
Declare war
Acquire territory
Control immigration
Control international and interstate commerce
Regulate utilities
Issue licenses
Set speed limits
Regulate elections
Establish public schools
Concurrent Powers
Standards
Courts
Taxes
Laws

13. Supremacy Constitution Federal Laws State Laws Local Laws
Supremacy Clause:
“This Constitution, and the Laws of the United States… shall be the supreme Law of the Land”
The Supreme Court can decide if federal, state, and local laws are constitutional
Constitution
Federal Laws
State Laws
Local Laws

14. Section 3
Interstate Relations

15. Interstate Compacts Agreements between two or more states
Must be approved by Congress
E.g., the Port Authority of New York and New Jersey controls transportation between the two states
E.g., certain law enforcement databases are shared by all 50 states

16. Full Faith & Credit
Laws, records, lawsuits, and certain licenses from one state are valid in all other states
A person cannot flee to another state to avoid a lawsuit
Birth certificates, most marriage licenses, and records of ownership are recognized by all states

17. Extradition
Legal process of returning a fugitive to a state where they are charged with a crime
In most cases, a state turns over a fugitive without delay
Extradition can be challenged for a few reasons

18. Privileges & Immunities
Forbids any state from discriminating against people from other states
Citizens may move or travel to any other state
Citizens can buy, rent, and sell property in any state
Residents of one state can be employed in another state
States can set requirements for holding office and can charge higher fees to people from other states

19. Hamden refuses to allow Catie to attend Hamden High, because her family just moved here at the end of the summer.
Full Faith & Credit
Extradition
Privileges & Immunities
No, this is allowed

20. Jamison, who lives in Hamden, inherits a ranch in Colorado
Jamison, who lives in Hamden, inherits a ranch in Colorado. Colorado refuses to allow this inheritance, because Jess is from Connecticut.
Full Faith & Credit
Extradition
Privileges & Immunities
No, this is allowed

21. Haley gets a discount on tuition at UCONN, but her cousin from Rhode Island pays full price.
Full Faith & Credit
Extradition
Privileges & Immunities
No, this is allowed.

22. Massachusetts requires Amanda to show her passport when she goes to Six Flags.
Full Faith & Credit
Extradition
Privileges & Immunities
No, this is allowed

23. Someone from Massachusetts commits a crime in Connecticut
Someone from Massachusetts commits a crime in Connecticut. He goes back to Massachusetts & lives there, even though Connecticut officials want to bring him to court.
Full Faith & Credit
Extradition
Privileges & Immunities
No, this is allowed

24. Connecticut will not allow Dr
Connecticut will not allow Dr. Paine, from Michigan, to practice here, even though he has been living here for four years.
Full Faith & Credit
Extradition
Privileges & Immunities
No, this is allowed

25. Yale refuses to allow benefits to a long-time employee’s wife, because they were married in Rhode Island.
Full Faith & Credit
Extradition
Privileges & Immunities
No, this is allowed

26. Sinéad is not allowed to run for governor of New York, because she lives in Connecticut.
Full Faith & Credit
Extradition
Privileges & Immunities
No, this is allowed.

27. Ms. H is not allowed to move to Maine because she called lobsters “ocean scorpions”.
Full Faith & Credit
Extradition
Privileges & Immunities
No, this is allowed