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FEDERALISM: DIVIDING THE POWER Chapter 4 Section 1
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Why Federalism The Framers wanted to have balance between the states and the newly formed Federal government. Federal Government State Government
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National Powers Expressed Powers Implied Powers Inherited Powers
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Expressed Power Expressed Power= is a power that is written into the United States Constitution. Legislative power-Article I Article I Section 8 defines the powers of Congress Executive power-Article II Judicial power-Article III Declare war and raise a standing army Collect or levy taxes
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Congress has the power to borrow or coin money. The $100,000 bill was produced in 1934 and were used for official government transactions between Federal Reserve Banks and the Treasurer of the United States.
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Implied Powers Implied Power= is a power that is not stated in the Constitution however, is suggested though context. The Necessary and Proper Clause serves as the origin of the national government’s implied powers. Creating a Minimum Wage Regulating Food production
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Inherited Powers Inherited Power= is a power that is given to the president (historically) to communicate with others countries.
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State Powers Reserved powers= powers that under the 10 th amendment are given to the states. Public Education and School Systems Public Safety and Enforce Laws Voting Laws and conducting Elections
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Shared Powers These are powers which are shared and carried out by both the federal government and state governments. Both governments have authority over matters. Establishing Courts Making and Enforcing Laws Collecting Taxes
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Limits on powers National Government can not Violate citizens’ individual rights and freedoms (Bill of Rights) Spend money unless authorized by Congress Favor one state over another =
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Limits on powers State Governments can not Coin money Tax imports/exports from other states Have their own armies Make war/alliances with other nations
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Limits on Both State and Federal Governments Neither may: Pass Ex Post Facto Laws – Laws which criminalize an action committed during a time when it was legal (no retroactive laws) Suspend the Writ of Habeas Corpus – Holding a person in jail indefinitely without bringing them to face charges or a judge Pass Bills of Attainder – Laws which declare citizens guilty of a crime without a trial
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Relations between the States The Full Faith and Credit Clause addresses the relationships between states. Public acts, official records, and judicial proceedings in one state must be accepted, honored and recognized in all other states.
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Local Governments The States have the power to create local government in cities and counties
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Native American Sovereignty Native American tribes hold tribal sovereignty. This means the federal and state governments have limited ability to control affairs on Indian lands. Because of this, some Native American reservations allow gambling, build casinos, etc.
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