1. The Division of Power The States and Interstate Relations
Federalism
The Division of Power
The States and Interstate Relations

2. Federalism: The Division of Power

3. Delegated Powers
Powers granted to the National Government in the Constitution

4. Expressed Powers
Powers spelled out in the Constitution

5. Implied Powers
Powers reasonably thought to be granted, but not spelled out specifically, in the Constitution

6. Inherent Powers
Powers that belong to the National Government because it is a sovereign state

7. Concurrent Powers
Powers possessed and exercised by both National and State governments

8. Why does the United States have a federal system of government?
The United States has a federal system of government because that system was implied in the Constitution and expressed in the 10th Amendment.

9. Give an example of an expressed power
The power to collect taxes
The power to coin money
The power to declare war

10. Give an example of an expressed power
The power to collect taxes
The power to coin money
The power to declare war

11. Why is the Necessary and Proper Clause called the Elastic Clause?
It is called the Elastic Clause because over time, it has stretched to cover so many implied powers.

12. According to the Supremacy Clause, what is the correct order of the “ladder of laws” in the United States?
The U.S. Constitution, acts of Congress and treaties, State constitutions, State statutes, local laws

13. Does the power belong to the National or State Governments?
Both
Expressed
Collecting Taxes

14. Does the power belong to the National or State Governments?
Implied
Build an interstate highway system

15. Does the power belong to the National or State Governments?
Inherent
Regulate Immigration

16. Does the power belong to the National or State Governments?
License Doctors
State

17. Does the power belong to the National or State Governments?
Expressed
Make Treaties

18. Does the power belong to the National or State Governments?
Expressed
Maintain Armed Forces

19. Does the power belong to the National or State Governments?
Expressed
Declare War

20. Does the power belong to the National or State Governments?
Inherent
Deport Aliens

21. Does the power belong to the National or State Governments?
Implied
Prohibit racial discrimination in access to restaurants

22. Does the power belong to the National or State Governments?
Set up public school system

23. Does the power belong to the National or State Governments?
Both
Implied
Punish Crimes

24. Does the power belong to the National or State Governments?
Expressed
Coin Money

25. Does the power belong to the National or State Governments?
Regulate the sale of liquor

26. Does the power belong to the National or State Governments?
Expressed
Regulate Interstate Commerce

27. Federalism: The States and Interstate Relations

28. What is generally understood when the Constitution requires the National Government to “guarantee to every State in this Union a Republican Form of Government?

29. This term is generally understood to mean a “representative government
This term is generally understood to mean a “representative government. It is one to be decided by political branches of the government – the President and Congress – and not by the courts.

30. What is the Major Disaster Process?

31. What is the Major Disaster Process?
Step 1
Local Government Responds
If overwhelmed, turns to the State for assistance

32. What is the Major Disaster Process?
Step 2
The State Responds
With state resources, such as the National Guard and State agencies.

33. What is the Major Disaster Process?
Step 3
Damage Assessment
With state resources, such as the National Guard and State agencies.

34. What is the Major Disaster Process?
Step 4
A Major Disaster Declaration
Is requested by the governor, based damage assessment.

35. What is the Major Disaster Process?
Step 5
FEMA Evaluates
the request and recommends action to the White House.
FEMA = Federal Emergency Management Agency

36. What is the Major Disaster Process?
Step 6
The President Approves
the request OR FEMA informs the governor it has been denied.

37. What are the steps to admitting a new state?
Only Congress has the power to admit new States
A new state can not be created by taking territory from one or more of the existing States without the consent of the legislatures of the States involved.
Ask Congress
Congress passes an enabling act.
Act directing the people to frame a proposed State constitution
A convention prepares the constitution which is put to popular vote in proposed state
Constitution is sent to Congress for approval.
If Congress approves, it passes an Act of Admission.
An act creating a new State
If President signs the act, the new state enters the Union.

38. What is an enabling act?
Act directing the people to frame a proposed State constitution

39. What is an act of admission?
An act creating a new State

40. What is a grant-in-aid program?
Grants of federal money or other resources to the States and/or their cities, counties, and other local units.

41. Describe revenue sharing. What is it?
Was in place from 1972 to 1987.
Congress gave an annual share of the huge federal tax revenue to the States and their cities, counties and townships.
No strings were attached to the money. Only that it could not be used on any program that discriminated on the basis of race, sex, national origin, age, religious belief, or physical disability that was evident.

42. Describe the following grants?
Categorical Grants
Block Grants
Project Grants
Made for some specific, closely defined purpose.
Usually made with conditions attached.
EX. School Lunches
Made for much more broadly defined purposes.
Fewer strings are attached
EX. Health Care
Money given to States, localities, and sometimes private agencies.
EX. Support scientists in research on cancer

43. What are examples of state aid to the National Government?
State and Local units of government finance national elections.
Local law enforcement agencies allowing the FBI to use their facilities.

44. What is an interstate compact? Give an example.
Agreements in the states and with other states.
Ex. Port of New York Authority

45. What is the Full Faith and Credit Clause? Give an example
To recognize and respect the validity of the judgment made by another state’s court.

46. What are some exceptions to the Full Faith and Credit Clause?
It applies only to civil, not criminal, matters.
One state cannot enforce another State’s criminal law.
Certain divorces need not be granted by one State to residents of another State.
Was the person who obtained the divorce in fact a resident of the State that granted it. If not, then the State granting the divorce did not have the authority to do so, and another State can refuse to recognize it.

47. What is extradition?
A legal process by which a fugitive from justice in one State is returned to that State.
It is designed to prevent a person from escaping justice by fleeing a State.

48. What is the Privileges and Immunities Clause?
It means that no State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States.
Each State must recognize the right of any American to travel in or become a resident of that State,
It must also allow any citizen, no matter where he/she lives, to use its courts and make contracts; buy, own, rent, or sell property; or marry within its borders.