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Chapter 4: FEDERALISM Federalism- powers divided on a territorial basis – why? Division of Powers Separation of governmental powers between the National Government and the 50 state governments Federalism – A Dual system of Government -- explain
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Federalism Territorial basis
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DELEGATED POWERS Delegated Powers those powers that the National government has granted to it in the constitution Three types of Delegated Powers Expressed Implied Inherent
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DELEGATED POWERS
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EXPRESSED POWERS
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Those powers expressly written or… Spelled out in the constitution
EXPRESSED POWERS- Those powers expressly written or… Spelled out in the constitution
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Expressed Powers -legislative
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Legislative Examples of Expressed Powers
Lay and collect taxes, Coin money, regulate foreign and interstate trade, Raise and maintain an army, Declare war, fix a standard of weights and measures, Grant copyrights and patents
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Expressed powers - executive
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Executive Examples of Expressed Powers
Commander-in-chief, Grant pardons and reprieves, Make treaties, Approve judges
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IMPLIED POWERS Those powers not expressly written in the constitution
Elastic Clause- but are … necessary and proper
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IMPLIED POWERS Congress regulates labor-management relations Building of power dams Building of interstate highways
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Implied Powers
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IMPLIED POWER EXAMPLES
Punishment of federal crimes- kidnapping, gambling .. Racial Discrimination
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IMPLIED POWERS –
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Those powers historically held by government
INHERENT POWERS- Those powers historically held by government
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INHERENT POWERS EXAMPLES
Regulate immigration Deport aliens Acquire territory Protect against internal subversion Diplomatic recognition of other nations
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INHERENT POWERS
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POWERS DENIED THE NATIONAL GOVERNMENT
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POWERS DENIED THE NATIONAL GOVERNMENT
#1 Constitution denies Expressly: To levy duties on exports, to deny 1st amendment freedoms, illegal searches and seizures, deny fair and speedy trial
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#2 Constitution is Silent on
Examples: Creating public schools, marriage and divorce laws, setting up local units of government
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POWERS DENIED THE NATIONAL GOVERNMENT
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3rd Constitution denies…
Examples: Congress may not tax the states or their local units of government to carry out federal government functions
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RESERVED POWERS
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RESERVED POWERS OF THE STATES – 10TH AMENDMENT
Those powers held by the states, not granted specifically in the Constitution Examples: States can forbid persons under the age of 18 to marry without parental consent Those under 21 to purchase alcohol
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21 to purchase alcohol
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Other Reserved Powers Examples
Require licenses for doctors, lawyers, hairdressers, plumbers, teachers, States may establish public schools Grant divorces, permit gambling Spheres of powers held by the states are huge
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EXCLUSIVE POWERS
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Powers exercised by only the federal government
EXCLUSIVE POWERS Powers exercised by only the federal government Examples: Coin money, make treaties, lay import duties
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CONCURRENT POWERS New River Gorge Bridge – condemn private property
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Concurrent Powers- Powers held by both the National Government and the states Examples: Levy and collect taxes, define crimes and punishment, condemn private property for public use
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DUAL SYSTEM OF GOVERNMENT
SUPREME LAW OF THE LAND
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THE SUPREME LAW OF THE LAND
Dual System of Government The operation of national and state government may conflict Supremacy Clause National law is supreme over any state law
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McCulloch v Maryland Supreme court acts as umpire in the Federal System National government is immune from state taxation Federal system is supreme over any state law
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LADDERS OF THE LAW 1. 2. 3. 4. 5. 6.
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LADDER OF THE LAWS CONSTITUTION Acts of Congress- treaties
State Constitutions State Statutes City and County Charters Local Ordinances
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INTERSTATE COMPACTS
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INTERSTATE COMPACTS Agreements among the states themselves
Ex. NY and NJ creating the port authority Compact for parolees and probationers –share in law enforcement information
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FULL FAITH AND CREDIT
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FULL FAITH AND CREDIT Each state shall give full faith and credit to every other state for public acts, records and judicial proceedings Public acts – refers to laws of the state
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RECORDS Records documents such as birth certificates, marriage licenses, deeds for property, car registrations
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Other: INTERSTATE COMPACTS
To coordinate resources like water, oil, wildlife, and fish Forest protection, water pollution, tax collection, motor vehicle safety, licensing of drivers
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Judicial Proceedings Jurors found Kim Davis, 36, guilty of first-degree murder
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Judicial Proceedings Judicial Proceedings out come of court decisions (debt, criminal convictions, divorce) Exceptions –apply only to civil not criminal
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EXPLAIN …. From the movie show The Fugitive
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EXTRADITION Process where a fugitive from justice in one state is returned to that state from which the crime was committed in order to be tried Governors regularly approve
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PRIVILEGES AND IMMUNITIES
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PRIVILEDGES AND IMMUNITIES
Residents of one state may not be discriminated by another right to pass through or reside in another state for: trade, agriculture, buy sell rent property
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PRIVILEDGES AND IMMUNITIES
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PRIVILEDGES AND IMMUNITIES
States can require nonresidents to pay higher fishing /hunting fees
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