2. CH 4 FEDERAL SYSTEM FEDERALISMFEDERAL SYSTEM - FEDERALISM (or the FEDERAL SYSTEM -The sharing of power between the states and national government

3. I. National Powers I. National Powers The federal government acts for the nation as a whole I. National Powers- constitution grants 3 types of powers- these 3 together are known as delegated powers I. National Powers- constitution grants 3 types of powers- these 3 together are known as delegated powers A. Expressed powers- those directly stated in constitution A. Expressed powers- those directly stated in constitution Example- collect taxes, declare war, raise an army Example- collect taxes, declare war, raise an army

4. B. Implied powers- powers needed to carry out the expressed power Ex. Power to draft people for the armed forces is implied since government has power to raise an army

5. 1. basis for implied power is necessary and proper clause- also known as elastic clause allows powers of congress to stretch 1. basis for implied power is necessary and proper clause- also known as elastic clause allows powers of congress to stretch

6. C. inherent powers- powers government has just because it’s a government C. inherent powers- powers government has just because it’s a government Example- government must control immigration and establish relations with other nations Example- government must control immigration and establish relations with other nations

7. II. State powers- II. State powers- power over local matters A. Reserved powers- powers not given to national government is given to the states A. Reserved powers- powers not given to national government is given to the states EX. Protect publics health- like police, fire departments, marriage age EX. Protect publics health- like police, fire departments, marriage age

8. Of course, disagreements between the states and the federal government were inevitable To ensure that disagreements were resolved with greater ease, it was decided that the Constitution would serves as the “supreme law of the land”. In other words… the Constitution was the final word!

9. B. Supremacy clause- constitution and laws passed by congress are supreme over state laws. B. Supremacy clause- constitution and laws passed by congress are supreme over state laws. EX. Could Texas pass a state religion law? EX. Could Texas pass a state religion law?

10. C. concurrent powers- powers that both state and national governments share. C. concurrent powers- powers that both state and national governments share. Ex. Both tax. Make laws against crimes Ex. Both tax. Make laws against crimes

11. Federal Powers State Powers Shared Powers Some Examples - Coin Money - Declare War - Regulate Trade (b/twn states and states and foreign nations) - Make Treaties - Regulate trade within borders - Decide who can vote in state elections - Control Education - All powers not delegated to federal government - Raise taxes - Build roads - Decide penalties for crimes

12. D. Denied powers- both national and state governments CAN NOT do certain things D. Denied powers- both national and state governments CAN NOT do certain things Ex. National government can’t tax exports Ex. National government can’t tax exports State governments can’t make money/declare war State governments can’t make money/declare war

13. IV. Admission of new states- 1 st step- congress passes enabling act- people of a territory prepare a constitution- 1 st step- congress passes enabling act- people of a territory prepare a constitution- 2 nd step- people vote on constitution 2 nd step- people vote on constitution 3 rd - step- congress approves new state 3 rd - step- congress approves new state

14. CH 4 - Section 2- I. Relations between states- A. ARTICLE IV OF the Constitution requires states do these- A. ARTICLE IV OF the Constitution requires states do these-

15. 1. full faith and Credit- states must recognize laws of other states- Example- Marriage license, child support

16. 1a.- only applies to civil laws-”public acts”- laws passed by state legislatures----relating to disputes between people, groups 1a.- only applies to civil laws-”public acts”- laws passed by state legislatures----relating to disputes between people, groups

17. 1b. Judicial proceedings refers to court actions like judgment to pay a debt 1b. Judicial proceedings refers to court actions like judgment to pay a debt

18. B. Privileges and Immunities- people have same rights in every state. B. Privileges and Immunities- people have same rights in every state. Example- buy/sell a house, Example- buy/sell a house, OKLAHOMA TEXAS OKLAHOMA TEXAS

19. ARE THERE TIMES WHEN YOUR NOT TREATED EQUALLY? COLLEGE TUITION COLLEGE TUITION DO YOU PAY SAME TUITION IF YOU GO TO A COLLEGE OUT OF STATE? DO YOU PAY SAME TUITION IF YOU GO TO A COLLEGE OUT OF STATE?

20. C. Extradition- C. Extradition- sending a escaping criminal back to state where the crime was committed sending a escaping criminal back to state where the crime was committed TEXAS OKLAHOMA

21. D. Interstate Compacts- agreements between states or other nations- D. Interstate Compacts- agreements between states or other nations- Example- water rights between Texas and Mexico Example- water rights between Texas and Mexico

23. Chapter 4 FEDERALISM

24. Developing Federalism SHOULD THE NATIONAL GOVERNMENT TELL STATES, LIKE TEXAS, WHAT LAWS TO HAVE, OR.. SHOULD TEXAS DECIDE WHICH LAWS ARE BEST FOR THE STATE? SHOULD THE NATIONAL GOVERNMENT TELL STATES, LIKE TEXAS, WHAT LAWS TO HAVE, OR.. SHOULD TEXAS DECIDE WHICH LAWS ARE BEST FOR THE STATE?

25. A. States rights position- believed states reflect ideas of its people. Therefore states should have more power to make laws. A. States rights position- believed states reflect ideas of its people. Therefore states should have more power to make laws. Chief Justice Roger Taney- supreme court- (1864) favored local action over national government. Chief Justice Roger Taney- supreme court- (1864) favored local action over national government.

26. Ex. Government shouldn’t tell states about child labor laws, driving age

27. B. Nationalist Position- national government should be strong to protect all people- What was the great depression? Did states, like Texas, have the money to put people to work

28. Ex. Franklin Roosevelt- developed Social security, work programs to help everyone Ex. Franklin Roosevelt- developed Social security, work programs to help everyone

29. II. Growth of National Government- how government got more power to control states- A. war powers- powers to declare war turned into power to control economy and education. Just because Congress has power to maintain an army, how does that give them the power control education?

31. Commerce- is Production, Buying, selling, and transporting goods Commerce- is Production, Buying, selling, and transporting goods National government controls commerce. National government controls commerce. Are people commerce ? Are people commerce ?

32. B. With Commerce Power - gave Congress power to pass civil rights Act of 1964- B. With Commerce Power - gave Congress power to pass civil rights Act of 1964- Ended discrimination in restaurants, hotels, etc Ended discrimination in restaurants, hotels, etc

33. C. Taxing Power- 16 th amendment gave Congress the power to tax income C. Taxing Power- 16 th amendment gave Congress the power to tax income

34. Power to tax- national government gives states money. So, they can make states pass certain laws- like drinking age or NO MONEY Power to tax- national government gives states money. So, they can make states pass certain laws- like drinking age or NO MONEY

35. II. Federal Aid- A. President Nixon (1969) called for “new federalism”- giving more authority back to the states A. President Nixon (1969) called for “new federalism”- giving more authority back to the states B. President Ronald Reagan- gave federal programs like education and welfare back to state control B. President Ronald Reagan- gave federal programs like education and welfare back to state control

37. Sec 4= Federalism and Politics Policy- School board policy not to park in teacher parking places- Policy- School board policy not to park in teacher parking places- Chosen way to handle situations Chosen way to handle situations A. New Ideas- sunset laws- require checks on government agencies to see if they are still needed. A. New Ideas- sunset laws- require checks on government agencies to see if they are still needed.

38. Sunshine laws- cant hold meetings in private Explain the animation before before after after