1. Federalism One of the Basic Principles of the Constitution
Chapter 4
Powers Divided...

2. NOW GO BACK AND LOOK AT ARTICLE 2 & 3, POWERS GIVEN TO THE PRESIDENT AND CONGRESS…REST ARE GIVEN TO THE STATES???
Federalism- division of power between national government & several smaller governments; states (local governments)

3. Why federalism?
Founding Fathers knew
Govern power is threat to individual liberty!
Government power need to be restrained!
To divide power in government, Federalism, is to prevent abuse!

4. Think of them as powers are given to the national government if those powers affect more then one state…
To delegate means to specifically assign, in this case delegated powers are those powers specifically assigned to the Federal Government.
Delegated Powers
Delegated Powers
powers given to the national/federal government- powers affect more then one state…

5. Three types of delegated powers!
Delegated Powers – specifically assigned to the Federal Government by Constitution
Expressed Powers - “enumerated” - specifically spelled out - includes exclusive powers
Implied Powers – not directly stated, but are suggested by the expressed powers- elastic clause (Necessary and Proper Clause)
Inherent Powers - through time have come to possess, all sovereign gov’t have these
Implied, build highways, determine crimes, things that are implied the federal government must have the power to do to accomplish the expressed stuff..

6. Constitution- Article 1 Section 8-Expressed
Expressed powers given to Congress & federal government
Include power to declare war, levy taxes, regulate commerce and currency
The expressed powers grant the legislative branch a huge amount of authority over American national policy, both foreign and domestic.
the most important powers include the power to tax, to borrow money, to regulate commerce and currency, to declare war, and to raise armies and maintain the navy. These powers give Congress the authority to set policy on the most basic matters of war and peace.

7. Delegated- Expressed Powers

8. Alexander Hamilton & Implied Powers
Some of the founders like Alexander Hamilton believed that it simply wasn’t possible to list all the powers that the government could be allowed, therefore what could be "implied" from the powers specifically stated was constitutional
Some of the founders like Alexander Hamilton believed that it simply wasn't possible to list all the powers that the government could be allowed, therefore what could be "implied" from the powers specifically stated was constitutional. Implied powers was the name these powers were given, powers not specifically stated but could be inferred from what powers were specifically stated are allowed the national government.

9. This last power is enshrined in Article I, Section 8, Clause 18—one of the most important and controversial clauses in the entire Constitution. This "Necessary and Proper Clause" (sometimes also called the "Elastic Clause") grants Congress a set of so-called implied powers—that is, powers not explicitly named in the Constitution but assumed to exist due to their being necessary to implement the expressed powers that are named in Article I.

10. Video link to “elastic clause in 3 Minutes”
Click here for Video

12. Reserved powers- Held by the States Alone
To reserve is to save, in this case all powers not specifically delegated the Federal Government are to be reserved or saved for the State Governments.
States are given power over their citizens, assuming that state governments are more in tune with the needs and cultures of people in each state.
Examples: maintain public schools, regulate elections, set standards for health & safety, license marriage, drivers, drinking age & professionals
Reserved powers- Held by the States Alone
Idea is that the states are more “in tune” with the unique needs of the people of their state.

13. Federalism
Have students watch YouTube video linked on my website and define all the terms in Ch. 4 section one.

14. List of powers!
Exclusive or delegated powers are the powers given to the national government alone, the state’s do not have the powers..
Raise and maintain an army…conduct war, conduct foreign relations…Delegated powers

15. Concurrent Powers
Concurrent means "at the same time", in this case concurrent powers are those that both the federal and state governments have simultaneously. 

16. clearly states that if (& when) a state law & a federal law are in conflict; the federal law will prevail
Supremacy Clause
the Constitution is above all other laws “supreme law of the land”

17. Federalism Today Clash between Feds & State

18. DOMA- 1996
The Defense of Marriage Act (DOMA) is a federal law passed in that both created a federal definition of marriage as being between a man and a woman and expressly gave
& states permission to refuse to recognize marriages entered into by same-sex couples in other jurisdictions.
DOMA, signed by President Bill Clinton in 1996, (passed by republican congress) prevented same-sex couples whose marriages were recognized by their home state from receiving the hundreds of benefits available to other married couples under federal law.

19. DOMA-relives states of obligation to recognize same sex marriage
Exceptions?\
One state can not enforce another state’s criminal laws
DOMA-relieves states of the obligation to recognize same sex marriages
Full Faith & Credit Clause marry in one state & move to another it should be respected! But…
DOMA-relives states of obligation to recognize same sex marriage

20. Supreme Court- 2013 Declared DOMA as unconstitutional
Medical pot in theory should be protected, but in reality if leaving a state that allows for medical maj- travel to state that does not allow… can be arrested… may be able with a good attorney to win on clause but not …
Supreme Court Declared DOMA as unconstitutional
Supremacy Clause-states Constitution is above all other laws “supreme law of the land”

21. Federalism Today Clash between Feds & State

22. Federalism Today Clash between Feds & State

23. In what ways do the federal & state governments work together?
Called Cooperative Federalism!

24. Grants-in-aid- aid to states, cities & local governments
Areas in which the federal governments and the state governments cooperate.
Grants-in-aid- aid to states, cities & local governments

25. THREE TYPES OF FEDERAL GRANTS TO STATES
Categorical Grants - used for very specific programs; often come as matching funds- state must match the funds the fed. Government provides. School lunches, airports….
Block Grants – broad areas- healthcare, social services, welfare
Project Grants- supports specific projects - science grants, medical issues..

26. Next Section
Interstate Relations
Chapter 3 Section 3

28. Sec. 3 - Interstate Relations
Relations among the states - encouraged by Const.
Interstate Compacts - agreements made between states; typically over environmental & shared issues
Full Faith & Credit Clause - must respect official documents, laws, court orders, & records of other states- birth certificate & other things valid in all states.
If person loses lawsuit in Pennsylvania & has to pay $50,000- cannot flee to NJ to get out of paying!
Exceptions- one state cannot enforce the criminal laws of another state
Does not relate to divorces in one state to another..
Marriage laws made in full faith & credit in one state must be held up in another state. Same sex couple, legally married to on another in one state, moves to another state that defines marriage as man & women, does the new state have to support the same sex marriage…as of 2009 Supreme Court has not heard a case like this yet……

29. “Four Corners” States must interact with each other on many issues…

30. Interstate Relations- One example – Interstate Compacts
Interstate Compacts - agreements made between states; typically over environmental & shared issues, highways that cross into different states.

31. 1921 compact created..

32. Full Faith & Credit Clause
Although the 50 states can make their own individual laws and have their own powers – they are still responsible to one another. The full faith and credit clause, found in article four of the US constitution, ensures that.

33. State drivers License..

34. DOMA-relives states of obligation to recognize same sex marriage
Exceptions?\
One state can not enforce another state’s criminal laws
DOMA-relieves states of the obligation to recognize same sex marriages
Full Faith & Credit Clause marry in one state & move to another it should be respected! But…
DOMA-relives states of obligation to recognize same sex marriage

35. DOMA- 1996
The Defense of Marriage Act (DOMA) is a federal law passed in that both created a federal definition of marriage as being between a man and a woman and expressly gave
& states permission to refuse to recognize marriages entered into by same-sex couples in other jurisdictions.
DOMA, signed by President Bill Clinton in 1996, (passed by republican congress) prevented same-sex couples whose marriages were recognized by their home state from receiving the hundreds of benefits available to other married couples under federal law.

36. Supreme Court- 2013 Declared DOMA as unconstitutional
Medical pot in theory should be protected, but in reality if leaving a state that allows for medical maj- travel to state that does not allow… can be arrested… may be able with a good attorney to win on clause but not …
Supreme Court Declared DOMA as unconstitutional
Supremacy Clause-states Constitution is above all other laws “supreme law of the land”

37. Interstate Relations
Privileges & Immunities - citizens of a state enjoy all the rights of citizens of all other states (14th Amend)

38. Sec. 3 - Interstate Relations
Relations among the states - encouraged by Const.
Interstate Compacts - agreements made between states; typically over environmental & shared issues
Full Faith & Credit Clause - must respect official documents, laws, court orders, & records of other states- birth certificate & other things valid in all states.
If person loses lawsuit in Pennsylvania & has to pay $50,000- cannot flee to NJ to get out of paying!
Exceptions- one state cannot enforce the criminal laws of another state
Does not relate to divorces in one state to another..
Marriage laws made in full faith & credit in one state must be held up in another state. Same sex couple, legally married to on another in one state, moves to another state that defines marriage as man & women, does the new state have to support the same sex marriage…as of 2009 Supreme Court has not heard a case like this yet……

39. “Four Corners” States must interact with each other on many issues…

40. Interstate Relations- One example – Interstate Compacts
Interstate Compacts - agreements made between states; typically over environmental & shared issues, highways that cross into different states.

41. Full Faith & Credit Clause
Although the 50 states can make their own individual laws and have their own powers – they are still responsible to one another. The full faith and credit clause, found in article four of the US constitution, ensures that.

42. State drivers License..

43. will be returned Prevent a person from escaping justice by fleeing a State.
Extradition - accused criminal will be returned-prevent a person from escaping justice by fleeing a state.