1. The Federal System
Chapter 4

2. Section 1 Division of Powers
Lesson Summary
The Federal system depends on the division of powers between the national and state government.
The national government has several responsibilities toward the states, including guaranteeing a representative form of government, protecting from foreign invasion, and guaranteeing territorial integrity.
States of responsible for running nation elections.

3. Section 1 Division of Powers
Lesson Objective
Student will learn about the division of powers in the federal system

4. Section 1 Division of Powers
Notes
In a federal system power is divided between the sTates and the national government. This is known as the division of powers.
Both the national and state governments have their own duties and responsibilities.
These duties and responsibilities have shifted and changed over the years as the nation has grown and changes.

5. Section 1 Division of Powers
Powers of the national Government
The constitution gives the national government 3 types of power. Together they are known as the delegated powers.
they are expressed powers, implied powers and inherent powers

6. Section 1 Division of Powers
Expressed powers
Expressed powers are directly stated in the constitution
Articles I, II, and III contain most of these powers
Ex. The constitution specifically stated that congress has the power to tax and to set up an army and navy

7. Section 1 Division of Powers
Implied Powers
Implied powers are NOT directly stated in the constitution.
Implied powers enable the government to meet the needs of changing times
They can be reasonable assumed or suggested by the expressed powers
Clause 18 of Article I, Section 8, is the basis for the implied powers.
This is the necessary and proper clause – gives congress the power to make laws that are needed to function.
Ex: Congress funds the railroad system and regulates nuclear power; none of this would have been an issue for congress in 1789.

8. Section 1 Division of Powers
Inherent powers
Inherent powers are not directly stated in the constitution
The belong to the national government
To act as the government of a nation, the government must have certain powers.
ex. The nation government must have the power to regulate immigration

9. Section 1 Division of Powers
Denied powers
The constitution also denies certain powers to the national government
Denied powers include the right to tax exports
The 10th amendment gives power to the states that are not given to the federal government

10. Section 1 Division of Powers
Power of the states
The 50 states have certain powers that belong to them alone
These are called reserved powers.
Ex: only state may set up local government such as counties and cites. Only the state may create public school systems and license teachers
The states and the nation government exercise some of the same powers.
These are called concurrent powers
Ex. Both level of government have the power to create their own court system; both levels of government have the power to levy taxes

11. Section 1 Division of Powers
Guarantees and obligations
Article IV, Sec 3 and 4, lists the responsibilities of the nation government toward the states
The national government must guarantee each state, “republican form of government” This means making sure that each state has a representative government.

12. Section 1 Division of Powers
Guarantees and obligations
Congress enforced this guarantee of representative government after the civil war. 13th, 14th, and 15th amendments ended slavery and recognized the rights of African Americans
The national government guarantees to protect states from the invasion and from domestic disorder such as riots and rebellion
Ex. 1957, president Eisenhower sent federal troops to enforce integration at little rock central high school

13. Section 1 Division of Powers
Powers that are denied to the states
Article I section 10 list powers Denied to the states
Ex. States may not negotiate treaties with foreign nations.
States also may not Grant titles of nobility
The 13th, 14th, 15th. 19th, 24th and 26th placed the same limits on the states as the do on the national government.
Ex: states may no allow slavery or keep women from voting in elections

14. Integration at Little Rock central high

15. Section 1 Division of Powers
The national government also guarantees the territorial integrity of the states.
Territorial integrity means the legal existence and physical boundaries of the states.
A new state may not be made from an existing state unless the legislature of the existing state agrees.

16. Section 1 Division of Powers
Roles of the federal courts
Article vi, clause 2 known as the supremacy clause.
It states that the constitution, all laws make by the us, and us treaties are the “supreme law of the land”
State constitutions and laws must agree with the us constitution and national laws
Conflict between the state and national government was in Mcculloch v. Maryland
1819 ruling, the supreme court denied states the right to tax a nation back established by congress

17. Section 2 State to state relations
Article iv, sec I is known as the full faith and credit clause. It requires that every state recognize or accept the public acts, records, and judicial proceeding of every other state
Ex. Every state must accept the legality of the birth certificates of every other state
Public acts are laws passed by state legislatures that relate to civil matters, not criminal ones.
The full faith and credit clause refers to civil actions and laws only.
One state’s criminal laws cannot be enforced by another state.

18. Section 2 state to state relations
Records are documents such as mortgages, deeds, leases and wills.
Article IV refer to court decisions in a civil lawsuit only
A civil court ruling in one state must be recognized and enforced in the other 49 states
Ex. A person cannot move from new jersey to California to avoid paying damages in a lawsuit he or she lost. The person who won the case could bring a suit in California. The courts there world have to enforce the new jersey decision

19. Section 2 state to state relations
Article IV, Sec 2, Cl 1 r each state shall be entitle to all privileges and immunities” of citizens of every other state.
Because of this clause, a state may not discriminate against residents of other states.
Privileges and immunities refer to freedoms or rights

20. Section 2 state to state relations
Privileges and immunities
There is not complete lists of privileges and immunities
Over time the court have recognized certain rights
Ex. People can freely change residence from state to state
Ex. People are free to buy, sell, and own property in any state or enter into contracts to do business in any state

21. Section 2 state to state relations
Extradition
Article IV, Section 2, Clause 2 deals with extradition
When a person is wanted for a crime or is convicted and flees before he or she can be jailed, the person is known as a fugitive.
Extradition means the returning of a fugitive to the state where he or she is wanted.
The purpose of the clause is to make sure that criminals and suspected criminals do not escape justice by fleeing from state to state.

22. Section 2 state to state relations
Interstate compacts
What if states disagree about an issue and how do they settle the disagreement? Interstate compacts
Article I, section 10, clause 3 declares that states may enter into compacts or agreements with one another
Congress must agree to the terms of these interstate compacts. Once the compact is signed, state governments many not change their minds. The US Supreme court enforces compacts.

23. Section 2 state to state relations
Interstate compact
Compacts are rare
Congress has agreed to and states have signed about 200 interstate compacts
Early compacts: Dealt mainly with disagreements over state borders
Modern compact: deal with regional issues such as air and water pollution, use of water resources, and prevention of forest fire

24. Section 2 state to state relations
When states cannot agree on a solution, they may bring lawsuits against one another.
More than 200 such lawsuits have been filed since the beginning of the nation
The US supreme court hearse these cases. It is the only court authorized to hear lawsuits filed by states against states

25. Section 3 Federalism: the ongoing process
Federalism is defined as the division of powers between the national government and the states.
The nation has grown and changes since the constitution since the document was written.
Federalism continues to changed over time; it is not the same as it was in 1787

26. Section 3 Federalism: the ongoing process
Balance between the state and the national government
There have been disagreement over the years concerning the balance of power between the states and the national government; what is the right balance
The states’ rights position is that the state and local government should deal with social, economic, and other problems.
The nationalist position is that the national government is better suited to act for all the people in dealing with these problems.

28. Section 3 Federalism: the ongoing process
Examples of state rights
The issue of states rights was a major cause of the civil war
Southern states believed the stats should regulate slavery
Today states rightist think states should control all school spending.
Nationalist believed the us government should control federal grants to schools for education.

29. Section 3 Federalism: the ongoing process
Examples of nationalist position
The new deal was created to provide employment during the depression. These programs greatly expanded the role in the national government

30. Section 3 Federalism: the ongoing process
Expansion of the national government
The national government has expanded its powers to meet the changes in society as well as in the economy. Much of this expansion is based on the 3 constitutional powers
War power
Commerce power
Power to tax

31. Section 3 Federalism: the ongoing process
Federal aid to states
Another way that the national government has expanded its power is through grants to states
These grants come with guidelines that must be heeded

32. Section 3 Federalism: the ongoing process
The influence of federalism
Federalism influences public policy, political parties, and political participation