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CHAPTER 4

CHAPTER 4. FEDERAL SYSTEM. IMPLIED POWERS. Implied powers—powers that are not written but help to carry out powers that ARE expressed (written) in the constitution. Example: Expressed—raise army and navy Implied—power to draft to carry out expressed OTHER EXAMPLES?. SUPREMACY CLAUSE.

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CHAPTER 4

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  1. CHAPTER 4 FEDERAL SYSTEM

  2. IMPLIED POWERS • Implied powers—powers that are not written but help to carry out powers that ARE expressed (written) in the constitution. • Example: • Expressed—raise army and navy • Implied—power to draft to carry out expressed OTHER EXAMPLES?

  3. SUPREMACY CLAUSE NATIONAL TRUMPS STATE AND STATE TRUMPS LOCAL GOVERNMENTS AND LAWS OF THOSE GOVERNMENTS.

  4. FEDERALISM • SHARED AND DIVIDED POWERS BETWEEN STATE AND NATIONAL GOVERNMENTS. THE USA WOULD BE AN EXAMPLE. NATL ALLOWS STATES TO MAKE SOME OF THE DECISIONS FOR ITS OWN STATES. POSITIVES?

  5. POWERS OF GOVERNMENT • EXPRESSED • POWERS WRITTEN IN CONSTITUTION GIVEN TO FEDERAL GOVERNMENT. • CONCURRENT • POWERS SHARED BY THE FEDERAL AND STATE GOVERNMENTS. • TAXES, LAWS, COURTS

  6. ELASTIC CLAUSE • ELASTIC CLAUSE/NECESSARY AND PROPER CLAUE. • Congress can make any law they see as necessary and proper to carry out the duties of government. • Internet, highway safety, science

  7. SUPREMACY CLAUSE • SUPREMACY CLAUSE STATES THAT THE CONSTITUTION OF THE UNITED STATES IS ABOVE FEDERAL GOVT. STATE GOVT. AND LOCAL GOVT. AND IF ANY LAW CONFLICTS WITH U.S. CONST. THEN THAT LAW IS UNCONSTITUTIONAL.

  8. RELATIONS BETWEEN STATES. • Interstate relations • Full faith and credit—recognize civil laws of states. Ex: car registration accepted in all 50. • Privileges and immunities—provide same privileges to citizens of other states as they do to their own citizens. • Extradition-returning criminals. UP to gov. of state. • Interstate compacts—written agreements between states to settle disputes. Congress approved. Enforced by supreme court. Ex: river rights • Lawsuits between states—U.S. Supreme Court

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