1. Chapter 4: Federalism “The 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.” What does this mean? Where is this from? This Amendment helps define federalism – a system of gov’t where powers are divided between a national gov’t and local gov’ts. National gov’t can do certain things, and the State gov’ts can do certain things.

2. Why Federalism? Benefits? Strong enough central gov’t Allows for States to have power Limits power Allows for State traditions Drawbacks? Slow, Confusing, Too much power? Framers didn’t want too strong of a gov’t, but knew that the A.o.C. were too weak. Short video on Federalism

3. National Union

4. Local Traditions

5. Powers of the National Gov’t National Gov’t is a gov’t of delegated (granted) powers 3 types of delegated powers Expressed Implied Necessary and Proper Clause (aka The Elastic Clause) Inherent Examples of each?

6. Powers Denied to Nat’l Gov’t Some powers are expressly denied by the Constitution Prohibit freedom of religion/speech/etc. Conduct illegal search and seizures Tax exports Why? Others denied because the Const. is silent about them Education, Marriage, etc.

7. State Powers Under Federalism, States are just as important Reserved Powers – 10 th Amendment Very broad powers – most powers are local powers Examples: Alcohol, education, licenses, gambling, etc. Powers Denied to States Treaty, alliance, confederation Money Others denied by State constitutions

8. National v. State v. Concurrent Exclusive powers = National gov’t alone Money, Tax imports, Treaties, Interstate commerce, War Reserved powers = State gov’ts alone Schools, Licenses, Elections, Local gov’t Concurrent powers = both National and State Taxes, Crime and Punishment, eminent domain

10. Supreme Law of the Land The Constitution has a Supremacy Clause: The Constitution and federal laws are above all other forms of law in the U.S. Validated through McCulloch v. Maryland, 1819 State of Maryland taxed all money from Baltimore branch of the U.S. Bank. McCulloch, a bank teller, refused to pay the tax. McCulloch lost in state court. Supreme Court found in McCulloch’s favor. Established two ideas: Implied Powers are Constitutional Federal laws supersede local laws

11. Federalism across the world Video summarizing Federalism and Implied Powers

12. 4.2: The Relationship between National Gov’t and the States The national gov’t helps the states in many ways: Invasion and Natural Disaster: An attack on any one state is an attack on the entire nation Nat’l gov’t will help if a state cannot keep peace – Civil Rights Natural disasters - FEMA Funding About 25% of all state spending is federally funded – nearly $300 Billion 2 Types of grants: Categorical grants – very specific purpose; many strings attached Block grants – much broader topics; fewer strings attached

13. Recovery Money- 2/09– 9/11 www.recovery.gov

14. Recovery Money in UD Area

15. Other forms of Aid Federal gov’t helps States in other ways: FBI may help local police Army and air force can train State’s National Guard units Census data helps States States help Federal gov’t, as well: Elections are run by local gov’ts Naturalization Police can help FBI and other federal agencies

17. Admitting New States Ask Congress for admission once population reaches 60,000. If Congress agrees, it passes an enabling act- requiring new state to draft a constitution. The new constitution is voted on in the “state”, then submitted to Congress. An Act of Admission is then passed, which the President has to sign.

18. Conditions for Admission Congress can set conditions that the state must follow in order to be admitted; however, they cannot interfere with the state’s own internal affairs.

20. Hawaii- August 21, 1959 2,390 miles from CA 4,900 miles from China Important Dates: - Overthrow- 1893 - Republic- 1898 - Territory- 1900 - State- 1959  Annexation: to attach, append, or add, especially to something larger or more important.

21. 4.3 Interstate Relations Federal gov’t regulates how States interact with each other Interstate Compacts Congressional approval Often in areas of transportation, natural resources, pollution, etc. NY Port Authority & Delaware River PA All 50 states share information on Parolees and on Juveniles

22. Interstate Relations (cont.) Full Faith and Credit Clause Laws, documents and court decisions from one state are respected in other states Examples: Law suits, driver’s licenses, marriages Exceptions: Certain divorces (“Interstate ‘Quickie’ Divorces”) Same-Sex Marriage

23. Same Sex Marriage by State (as of 6/11) http://www.worldlawdirect.com/forum/law-wiki/53147-same-sex-marriage-usa-states-summary-map.html

24. Interstate Relations (cont.) Extradition Returning a fugitive to the State from where he/she escaped Privileges and Immunities Cannot discriminate against residents of another state Jobs, residency, etc Exceptions: Residency to run for office; college tuition