1. National and State Powers
The Federal System
National and State Powers

2. = Federal Government National Govt. State Government Local Government
US Constitution is over all levels of government.
National Government is over the States.
United States Constitution
Some delegates feared the central government would be too powerful. A federal govt. was created to allow states and local govts to handle their own affairs.
Powers of government are divided between a National, state and local governments.
Powers of government are shared by all levels.
National Govt.
State Government
Local Government
Federal

3. = FEDERAL GOVERNMENT Supreme law of the land….
It is above all levels of government and no act, law or public policy can be in conflict with it.
National Government is over the States.
United States Constitution
Supreme law

4. Federalism
A way of organizing a nation so that two or more levels of government share power.

5. Alternatives to Federalism
Confederations- sovereign nations, through a constitutional compact, create a central government but carefully limit the power of the central government and do not give it the power to regulate the conduct of individuals directly. Ex.- Articles of Confederation and the European Union.

6. Alternatives to Federalism
Unitary Government- All governmental power is vested in the central government. The central government may delegate authority to constituent units, but what it delegates it may take away. Ex.- France, Israel, and in the U.S. state constitutions usually create this kind of relationship between the state and local governments.

7. Vocabulary
Delegated powers: powers the Constitution grants or delegates to the national government (expressed, implied, and inherent)
Expressed powers: powers directly expressed or stated in the Constitution by the Founders; also called enumerated powers (Art. I, II, III)
Levy and collect taxes, coin money, make war, raise an army and navy, regulate commerce among states
Implied Powers: authority that the national government requires to carry out the powers that are expressly defined in the Constitution
Power to draft people into armed forces
Elastic clause: allows powers of Congress to stretch; necessary and proper clause ( Art. I, Sect. 8)

8. Vocabulary
Inherent powers: powers of the national government may exercise simply because it is a government
Gov’t must control immigration and establish diplomatic relations w/other countries
Supremacy clause: no state law or state constitution may conflict with any form of national law; acts and treaties of the U.S. are supreme (Art. VI, Sect. 2)
Concurrent powers: powers that both the national government and states have
Denied powers: powers the Constitution specifically denies to the states or national gov’t

9. Division of Federal and State Powers
cialstudies/in_motion_10/usg/USG_097.swf

10. DIVISION OF POWERS IN A FEDERAL SYSTEM
Delegated Concurrent Reserved
Powers given to national govt Expressed Implied
Powers shared by all 3 levels
Powers given only to the states
Make/enforce laws Maintain courts Collect taxes Borrow money Charter banks Protect welfare of people Call out the militia
Provide for education
Establish local govts
Conduct elections
Protect public safety
Build state highways
Raise a state militia
Issue licenses
Incorporate businesses
Regulate trade in state
Regulate drinking age
Set speed limit
Create counties/cities
Decide death penalty
Marriage definition
Medicinal marijuana
Power to tax Make treaties Coin money Establish Post Offices Raise a military Declare war Admit new states Build dams Interstate highways Fund NASA Regulate naturalization Establish courts Recognize new countries Copyright/Patents Weights/measurements Prohibit racism Regulate commerce
Div of powers

11. Commerce Clause: The clause in the Constitution that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations (Article I, Section 8, Clause 3):
Through the commerce clause, the national government has found constitutional jurisdiction for regulating a wide range of human activity.

12. Tenth Amendment
“powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
Tenth Amendment does not give states power superior to that of the national government for activities not mentioned in the Constitution as upheld in 1985 by Garcia v. San Antonio Metro

13. Establishing National Supremacy
McCulloch v. Maryland: An 1819 Supreme Court dispute between Maryland and 2nd National Bank Cashier, James McCulloch, in which McCulloch refused to pay the $15,000 tax imposed by the state of Maryland in its effort to oppose Federal power. Supreme Court ruled in favor of McCulloch and established supremacy of national gov’t over the states
The national gov’t has certain implied powers that go beyond its enumerated powers through the Necessary and Proper clause

14. Political Cartoon- McCulloch v. Maryland

15. Establishing National Supremacy
Gibbons v. Ogden: A dispute over a monopoly to operate steamboats in New York waters that the state of New York had granted to Robert Livingston and Robert Fulton. Ogden, who was licensed to have the exclusive right to operate steamboats between NY and NJ, sued to stop Thomas Gibbons from running a competing ferry. The ruling promoted a national economic common market in holding that states may not discriminate against interstate transportation and out-of-state commerce.
Supreme Court defined commerce very broadly to encompass almost every form of commercial activity (movement of goods, radio signals, electricity, telephone messages, Internet, insurance transactions, etc)

16. Political Cartoon- Gibbons v. Ogden

17. Establishing National Supremacy
What McCulloch pronounced constitutionally, the Civil War settled militarily- the national government is supreme to the states

18. Establishing National Supremacy
Brown v. Board of Education
School segregation was declared unconstitutional and the federal gov’t enforced its ruling despite massive state resistance.
National gov’t reigns supreme over states

19. Guarantees to the States
The Constitution requires the national government to do three things for the states
Republican form of government- enforce that each state has a republican form of gov’t
Protection- protect states from invasion and domestic violence
Territorial integrity- respect territorial integrity of each state

20. Relations Among the States
The Federal System
Relations Among the States

21. Relations Among the States
Constitution set rules for how the states must interact with each other
Article IV
Full faith and credit
Privileges and immunities
Extradition
Interstate compacts
Lawsuits between states

22. Full Faith and Credit
People cannot avoid their legal obligations by moving to another state; thus, “full faith and credit” shall be given in each state to the public acts, records, and judicial proceedings of every other state
Public acts= civil laws passed by state legislatures
Records= documents such as mortgages, wills, marriage licenses, car registrations, and birth certificates
Judicial proceedings= court actions affecting civil matters

23. Privileges and Immunities
“the Citizens of each State shall be entitled to all Privileges and Immunities as citizens of that state”
Meant to stop states from discriminating against citizens of other states
Visitors pay same sales tax and receive same police protection
Generally, the more fundament the rights, such as owning property or receiving police protection, the less likely it is that a state can discriminate against a citizen of another state
Many exceptions
Out of state tuition to state universities

24. Political Cartoon- Privileges and Immunities

25. Extradition
A lawbreaker cannot avoid punishment by escaping to another state
“A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
Article IV, Section 2
States must return a person charged with a crime in a another state to that state for trial or imprisonment

26. Interstate Compacts Written agreements between two or more states
One way in which states settle their disputes peacefully
Congress must approve interstate compacts to prevent states from making alliances among themselves and threatening union.

27. Lawsuits between states
States can bring one another to court for a variety of reasons. Many cases are over water rights.
220 disputes have been brought to Supreme Court since 1789