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Published byAlexina Mosley Modified over 8 years ago
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Forefathers wanted a limited gov’t: They believed o Gov’t power poses a threat to individual liberty o Gov’t power must be restrained o The division of gov’t power would curb a gov’t’s power
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Federalism – System of government in which a written constitution divides the powers of a gov’t on a territorial basis between a central (national) gov’t and several regional gov’ts (states/provinces). Constitution provides for the division of powers o Assigns certain powers to the National Gov’t and certain powers to the States
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Delegated Powers – Powers granted to the national gov’t in the Constitution Expressed Powers – Powers found directly within the Constitution Implied Powers – Not directly stated within the Constitution, but are suggested by the expressed powers Inherent Powers – Powers that belong to the National Gov’t because it is the gov’t of a sovereign state
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3 Ways the National Gov’t is denied powers o Expressly forbidden in the Constitution o Powers are not mentioned in the Constitution o Federalism does not allow for the National Gov’t to carry out certain powers
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10 th Amendment – States are gov’ts of reserved powers Reserved Powers – Powers that the Constitution does not grant to the National Gov’t AND does not deny to the states
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Constitution denies certain powers to the States, as well Powers denied to states are denied much the same as those to the National Gov’t o Expressly o Inherently
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Exclusive Powers – Powers that are exercised by the National Gov’t alone Concurrent Powers – Powers that both the National Gov’t and States possess and exercise
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There are more than 87,000 units of local gov’t in the US today.
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1. National: President, Supreme Court, and Congress 2. State: Governor, State Supreme Court, and State Congress 3. County – Sheriff and Courts 4. City – Mayor and City Council 5. Family – Foundation of society and law
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National and state gov’ts rule over the same people and same land o Creates difficulties Supremacy Clause establishes the Constitution as the Supreme Law of the Land o All issues should be addressed according to the Constitution. o Confirmed in McCulloch v. Maryland
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Republican Gov’t o Constitution requires the Federal Gov’t guarantee every state a Republican gov’t o ALL people have the right to vote Invasion and Internal Disorder o Constitution requires the Federal Gov’t to provide defense against invading foreign forces and domestic violence Territorial Integrity o Federal gov’t must respect the territorial integrity of each state
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ONLY CONGRESS has the power to add a new state Steps: o 1. Congress passes Enabling Act – tells people of territory to make a state constitution o 2. Congress reviews constitution o 3. Passes an Act of Admission – Creates the new state
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Grants-In-Aid Programs o Federal money or other resources to states/counties/cities Revenue Sharing o Between 1972 – 1987, federal gov’t gave a share of federal tax money to States and their local government
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Categorical Grants o Made for some specific, closely defined purpose o Often come attached with strings EX: Federal Gov’t gives money for roadwork, but states are required to set the legal drinking age to 21 Block Grants o Portions of money allocated to states to use for broader purposes o Fewer strings attached EX: Medicaid, Food Stamps Project Grants o Provided to states, localities or private agencies EX: USM marine biologists receive federal money to work on sonar/radar equipment for the Gulf of Mexico.
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FBI – Helps state and local police with investigations Army and Air Force train and equip each state’s National Guard Units
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State and local powers control: o Elections o Naturalization Process
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NO STATE MAY ENTER INTO ANY TREATY, ALLIANCE or CONFEDERATION. States may: o Enter Interstate Compacts Agreements between states and foreign governments Includes sharing law-enforcement data to resource development and conservation
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Full Faith and Credit Clause – Part of Constitution that ensures states recognize the laws, documents and court proceedings of other states. 2 Exceptions: o One state cannot enforce another state’s criminal laws o Full faith and credit need not be given to certain divorces granted by one state to residents of another state
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Extradition – Legal process by which a fugitive from justice in one state is returned to that state o Article IV, Section 2, Clause 2 of Constitution Governors are the executives of the state o If a governor is unwilling to return a prisoner, federal courts can intervene and order the governor to do so Fails to respond to court order, US Army is sent in to deal with situation
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Privileges and Immunities Clause o Provides no state can draw unreasonable distinctions between its own residents and persons who happen to live in other states o EX: Cannot pay lower welfare benefits to newly arrived residents than it does to long-term residents Reasonable Distinctions: o Charging-out-of-state Tuition at public universities
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