1. Chapter Four Federalism

2. Section One

3. Did you know… Some states have no privately- owned liquor stores? Some states have no privately- owned liquor stores? In New Jersey and Oregon you can’t pump your own gas? In New Jersey and Oregon you can’t pump your own gas? You don’t have to register to vote in North Dakota? You don’t have to register to vote in North Dakota? Euthanasia is allowed in Oregon? Euthanasia is allowed in Oregon? There is no sales tax in Alaska, Oregon, Montana, Delaware, or New Hampshire? There is no sales tax in Alaska, Oregon, Montana, Delaware, or New Hampshire?

4. Why Federalism? Meets nation’s needs while preserving strength of states. Meets nation’s needs while preserving strength of states. Articles of Confederation had been too weak Articles of Confederation had been too weak Beliefs of writers Beliefs of writers –Government (possible) threat to freedom –Government must be restrained –Division curbs power and prevents abuse

5. What is Federalism? Division of government between national and state/local governments Division of government between national and state/local governments Neither can change constitution alone Neither can change constitution alone Individual officials and laws Individual officials and laws Two levels with own area of authority Two levels with own area of authority Power over same people at same time. Power over same people at same time.

6. With Federalism states can decide themselves about…. Liquor laws Liquor laws Gasoline Gasoline Voter registration Voter registration Structure of state government Structure of state government Ethical laws Ethical laws Sales tax Sales tax Education Education etc etc

7. Sometimes we need the help of the national government! Defense Defense Foreign affairs Foreign affairs Natural disasters Natural disasters Etc. Etc.

8. Powers, Divided

9. National Government Delegated Powers – “granted” powers Delegated Powers – “granted” powers –Three types  Expressed  Implied  Inherent

10. Expressed Powers Stated directly AKA enumerated Stated directly AKA enumerated Article I, Section 8 (Congress) Article I, Section 8 (Congress) –18 clauses –27 powers Article II, Section 2 (Presidential) Article II, Section 2 (Presidential) Article III (Judicial) Article III (Judicial) Amendments – some give powers Amendments – some give powers

11. Implied Powers NOT expressed, but suggested NOT expressed, but suggested Article I, Section 8, Clause 18 Article I, Section 8, Clause 18 –“Necessary and Proper” Clause –AKA The Elastic Clause –Powers to Congress –Can mean many things ex. Commerce " to make all laws, which shall be necessary and proper, for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, in any department or officer thereof."

12. Inherent Powers Belong to all sovereign states Belong to all sovereign states Historically possessed Historically possessed Examples Examples –Immigration –Deportation –Diplomatic Recognition –Protection against rebellion

13. Denied Powers Expressly denied (can’t conduct search without a warrant) Expressly denied (can’t conduct search without a warrant) Through Silence (no nat’l school system) Through Silence (no nat’l school system) Due to federalism (cannot threaten existence of states) Due to federalism (cannot threaten existence of states)

14. State Governments Reserved Powers Reserved Powers –10 th Amendment – if not given to the national government or denied to the states then belong to the states –Examples: marriage, liquor, licenses, gambling, public schools Most of what is done by government is done at the state level Most of what is done by government is done at the state level

16. State, cont. Denied Powers Denied Powers –Expressed – no treaties, coining money, etc –Due to federal system (cannot tax government agencies)

17. Shared Powers AKA Concurrent Powers AKA Concurrent Powers Taxation Taxation Defining crimes and punishments Defining crimes and punishments Eminent Domain Eminent Domain Not granted exclusively to the National Governement Not granted exclusively to the National Governement

18. Section Two Three things the National Government must do for the states Three things the National Government must do for the states –Guarantee a “Republican form of government” or Representative government –Protection –Respect of territorial integrity

19. Adding a new state Residents ask Congress for Admission Residents ask Congress for Admission Congress passes Enabling Act Congress passes Enabling Act Residents write a constitution Residents write a constitution Congress passes an Act of Admission Congress passes an Act of Admission President signs President signs Territory becomes state Territory becomes state

20. Cooperative Federalism (money and information) Police Information – ex. FBI help Police Information – ex. FBI help Revenue Sharing – stopped with Reagan Revenue Sharing – stopped with Reagan Land Grants - ex. Texas A & M Land Grants - ex. Texas A & M Grants – in – aid Program Grants – in – aid Program –Categorical Grant – specific purpose –Block Grant – broad purpose –Project Grant – must apply and compete for funds

21. State aid to National Government Carry out and pay for elections Carry out and pay for elections

22. Section Three Supremacy of the National Government Supremacy of the National Government –Stated in Constitution –Article VI, Section 2 –State laws cannot conflict with Constitution or National laws –McCulloch v. Maryland asserted supremacy US Constitution National laws SC judgements State laws Local laws

23. Interstate Relations States cannot make treaties with one another States cannot make treaties with one another Interstate compacts to deal with shared problems Interstate compacts to deal with shared problems Full Faith and Credit Clause Full Faith and Credit Clause –Must honor laws of other states –Must honor records of other states –Must honor court decisions of other states –Only civil matters

24. Privileges and Immunities Clause Privileges and Immunities Clause –No state can discriminate against a person who is from another state –Travelers, doing business, becoming a resident –Exception - some states do have residency requirements for voting

25. Extradition Extradition –Returning a criminal to the state where they committed a crime if captured