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Chapter 4 The Federal System
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National and State Powers
Delegated powers- The Constitution grants to the national government. Expressed/enumerated powers Implied Powers- The power to carry out the expressed powers Elastic clause- basis for implied powers Inherent powers- powers gained simply by being a government. ie. immigration
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The States and the Nation
Reserved powers- Strictly given to the States. Anything not stated in the Constitution. Supremacy Clause Concurrent Powers- powers shared by the Federal and State Governments. Ie. Taxing Denied powers- written, by silence, and under federalism
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Guarantees to the States
Republican form of Government- by seating senators they are given. After the Civil war used this to not seat some States. Protection- From invasion and domestic violence to Detroit to control racial unrest and rioting Territorial Integrity
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Admission of New States
Congress admits new States- Can not take territory from another State and President can veto it. Enabling Act- Allows a territory to prepare a constitution. Submitted to congress. Is W. Virginia a legal State? Conditions may be put on States. Equality of the States once admitted.
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The National Governors’ Association
1908- president Roosevelt called them together. Formed an association in the 70s. Seminars to help Governors become more effective More influence on National Policy. Two main obligations- Voting and amendments. The Courts act as the umpire.
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Section 2, Relations Among the States
1. Full Faith and Credit- Must recognize the laws and legal proceedings of the other states. Applies only to civil law. No safe haven States. 2. Privileges and Immunities- Never completely spelled out. Waiting time for certain State Rights. 3. Extradition- Return a fugitive to the State. Now a Federal Crime.
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Relations Among the States
4. Interstate Compacts- Written agreements between two or more States. Settle differences without the use of force. Congress must approve, 200 in force today. 5. Lawsuits between States- Only the Supreme Court can hear these lawsuits.
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Section 3, Developing Federalism
Growing National Government- The power has grown in certain areas. War Powers- Economic factors and education can affect the condition of the military. Commerce Power- Grown through Supreme Court Cases and Acts. Civil Rights Act of 1964 expanded Federal power. Taxing Power- 16th amendment of 1913, levy income tax.
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Federal Aid to the States
The Federal Government influences State and Local Governments in two ways. Providing money through federal grants. Money given for specific purposes. Imposing mandates or Preemption Laws- take away local governments ability to make their own policies.
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Federal Aid to States Restraint- requirement set by congress that prohibits local government from exercising a certain power. Mandates- States must meet minimum Federal standards. Ie. Disabilities Act
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Section 4, Federalism and Politics
Public policy- States become labs for federal programs and laws. Sunset laws- Started in Colorado, periodic checks of gov’t agencies. Sunshine laws- Florida, prohibiting public officials from holding closed meetings.
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Federalism and Political Parties
One party dominates the White House but may not dominate at the State and Local level. Democrats 5 of 12 terms President but controlled congress most of the time.
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Political Participation
Many opportunities for elections and taking part. Increasing chances of success at one level or another.
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