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Federalism

Federalism. Minor-Stickney Fall 2009. What is Federalism . Shared Powers The National Government has a Specific Sphere of influence The States have a Specific Sphere of influence Another title fro this type of federalism is called DUAL FEDERALISM AKA: Tier Cake Federalism. Nat. Gov.

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Federalism

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  1. Federalism Minor-Stickney Fall 2009

  2. What is Federalism • Shared Powers • The National Government has a Specific Sphere of influence • The States have a Specific Sphere of influence • Another title fro this type of federalism is called DUAL FEDERALISM • AKA: Tier Cake Federalism Nat. Gov. State Gove

  3. National Power Shared Power

  4. National Power • Derived from the Enumerated powers of Article I given to Congress in the Constitution • Also from the Necessary and Proper Clause Art I Section 8 Clause 18 “Congress shall have all power necessary and proper to carry out its above mentioned powers”

  5. Reserved/Delegated Powers • Comes from the 10th Amendment that all powers: • Not delegated to the national government but not prohibited to the states are: • Like =D Expressed Powers (written in the Const.) • Or =D Inherent Powers (Powers. you have because you are a nation) • Reserved to the states • Like’=> Education, Some Healthcare, Police Powers, and Morality Issues

  6. Cases & Incorporation • Incorporation Doctrine • 14th Amendment was not applied to the states until the case Barron v. Baltimore • McCullough v. Maryland • Implied Powers doctrine • Gibbons v. Ogden • Government has the right reclaim property • US v. Lopez • Congress oversteps boundary on gun control in school

  7. Relations Among the States • Each state is GARAUNTEED a representative government. (you get a rep. in congress, and you may form your own interest group) • Each state must give Full Faith and Credit to the documents and proceedings of other states • Your High School Diploma or College Degree • Your Parents Marriage license

  8. Relations Among the States • Privileges and Immunities • If you have a drivers license you can drive must be treated in another state the way you would be treated in your state. • Statehood • All states must apply for statehood by petitioning Congress. • An Enabling Act Directing the states to write a state constitution must be issued by Congress. • If a state has the proper requirements, you are a state.

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