1. Chapter 4 - Federalism
Section 1 – Federalism and the Division of Power
Section 2 – The National Government and the 50 States
Section 3 - Interstate Relations

2. Section 1 – Federalism and the Division of Power

3. Section 1 Vocab Federalism Division of powers Delegated powers
Implied powers
Inherent powers
Reserved powers
Exclusive powers
Concurrent powers

4. Federalism and the Division of Powers
Federalism is defined as “a system in which powers of government are divided between a National Government and several regional or local governments.”
The Constitution established a federal system in the 10th Amendment.
“the powers not delegated to the US by the Constitution, nor prohibited by it to the States, are reserved to the states respectively, or to the people.”
Federalism allows local actions in matters of local concern and national action in matters of wider concern.

5. Examples of Federalism
Arizona – No helmet for motorcyclists
Nevada – legal gambling
New Jersey – buses private and public school children
Nebraska – only state with unicameral legislature
North Carolina – only governor without power to veto acts of the legislature
North Dakota – doesn't require voter registration

6. The National Government Is One Of Delegated Powers
The expressed powers are powers that are clearly spelled out in the Constitution.
The Implied Powers are powers reasonably implied by the “necessary and proper” power given to Congress.
The Inherent Powers are powers that belong to all sovereign states (countries of the world)

7. Expressed Powers 27 powers expressly given to Congress
Taxes
Coin money
Regulate foreign trade
Armed forces
Declare war
Other powers given to President, judicial branch
Some powers are also in the amendments
16th Amendment is right to levy an income tax

8. Implied Powers “Necessary and Proper” clause says: For Example:
“to make all laws which shall be necessary and proper for carrying into execution the foregoing powers…”
For Example:
The Federal Highway system
Federal crimes
Prohibited racial discrimination

9. Inherent Powers Regulate immigration Deport aliens Acquire territory
Protect nation against rebellion or internal subversion

10. Powers Denied to the National Government
Some powers are expressly denied.
Deny freedom of religion
Conduct illegal searchers or seizures
Some powers are denied by silence of the Constitution and, therefore, belong to the states.
Cant set up public school system
Enact uniform marriage and divorce laws
Some powers are denied because of the nature of the federal government
Congress can tax federally, but cant tax state or local units

11. The States are Governments of Reserved Powers
The reserved powers are the powers held by the States in the federal system.
For example:
States can forbid persons under 21 to buy liquor
States permit some gambling, outlaw others
Reserved powers are those neither expressly given to the National Government nor denied to the States

12. Powers Denied to the States
Some powers are denied expressly
For example:
States cant enter into a treaty, alliance, confederation
States cant print money
States have to have due process
Some powers are denied because of the nature of the federal system
States cant tax agencies of the federal government

13. The Federal System and Local Governments
Government in the U.S. operates on three levels, National, State and local.
There are more than 90,000 units of local government in the US
All local governments are subunits of the state.
Each of the 50 states has a unitary form of government
Governments in the U.S.
Federal 1
State 50
Local
County 3,500
Municipality 20,000
Township 17,000
School District 15,000
Other Special District 35,000
TOTAL 90,551

14. The Exclusive Powers
These are powers only granted to the national government
The exclusive powers include most of the delegated powers
Coin money
Make treaties with foreign states

15. The Concurrent Powers
These are powers exercised by both the National and State government.
Concurrent powers are exercised separately and simultaneously
For example:
Both lay and collect taxes
Both define crimes and set punishment
Both take private property for public use

16. The Supreme Law of the Land
The Supremacy Clause:
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
The Constitution stands above all other forms of laws

17. The Supreme Court and the Federal System
The Supreme Court is the umpire of the federal system, deciding conflicts produced by the dual system of government
McCulloch v. Maryland
If not for this case, the federal system may not have survived its early years.

18. Ch. 4 Section 1 Review Define vocab pg. 88
1. Federalism … define all 9 terms
Page 95
#’s1-4 - restate

20. Section 2 – The National Government and the 50 States
Longest Used

21. Section 2 Vocab Enabling act Act of admission Grants-in-aid program
Block grant

22. Admitting New States
The usual admission procedure consists of an area’s petitioning Congress for admission, the passage of an enabling act, the framing of a State constitution, the approval of the new constitution by the area’s voters, and the congressional passage of an act of admission
Congress may set conditions for admission
Territorial Expansion pg. 100

23. The Nation’s Obligation to the States
Guarantee of a republican form of government
Protection against invasion and domestic violence

24. Respect for Territorial Integrity
Recognize the legal existence and physical boundaries of each state.
No state shall be deprived of equal representation in congress

25. Cooperative Federalism
Federal Grants-in-Aid – These are grants of money or other resources from the National Government to States or other local governments and may be categorical and conditional
Block Grants – These are federal grants to States or other local governments with broadly defined purposes and with few conditions

26. Section 3 – Interstate Relations

27. Section 3 Vocab
Interstate compact
Full faith and credit
extradition

28. Interstate Compacts
Interstate compacts are agreements among states and nonpolitical agreements with foreign nations
Some 200 interstate compacts are now enforced

29. Full Faith and Credit
States must honor one another’s public acts, or laws, records and court actions
Exceptions – Full faith and credit clause applies only to civil, not criminal matters and need not be applied to certain divorces granted by one state to residents of another state.

30. Extradition
Extradition is the legal process in which a fugitive from justice in one state is returned from that state to another.
In the past, governors occasionally refused to return fugitives to another state; but since 1978, the Supreme Court has held that unwilling governors must comply with an extradition ordered by a federal court.

31. Privileges and Immunities
A resident of one state may not be discriminated against unreasonably by another state.
All citizens must obey the laws of all other states while in those states

32. Ch. 4 Section 2/3 Review
Page 86 2,3,7 Page 91 1,2,3