1 / 25

Chapter Four

Chapter Four. Federalism. Section One. Did you know…. Some states have no privately-owned liquor stores? In New Jersey and Oregon you can’t pump your own gas? You don’t have to register to vote in North Dakota? Euthanasia is allowed in Oregon?

johngreer
Download Presentation

Chapter Four

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Chapter Four Federalism

  2. Section One

  3. Did you know… • Some states have no privately-owned liquor stores? • In New Jersey and Oregon you can’t pump your own gas? • You don’t have to register to vote in North Dakota? • Euthanasia is allowed in Oregon? • There is no sales tax in Alaska, Oregon, Montana, Delaware, or New Hampshire?

  4. Why Federalism? • Meets nation’s needs while preserving strength of states. • Articles of Confederation had been too weak • Beliefs of writers • Government (possible) threat to freedom • Government must be restrained • Division curbs power and prevents abuse

  5. What is Federalism? • Division of government between national and state/local governments • Neither can change constitution alone • Individual officials and laws • Two levels with own area of authority • Power over same people at same time.

  6. With Federalism states can decide themselves about…. • Liquor laws • Gasoline • Voter registration • Structure of state government • Ethical laws • Sales tax • Education • etc

  7. Sometimes we need the help of the national government! • Defense • Foreign affairs • Natural disasters • Etc.

  8. Powers, Divided

  9. National Government • Delegated Powers – “granted” powers • Three types • Expressed • Implied • Inherent

  10. Expressed Powers • Stated directly AKA enumerated • Article I, Section 8 (Congress) • 18 clauses • 27 powers • Article II, Section 2 (Presidential) • Article III (Judicial) • Amendments – some give powers

  11. Implied Powers • NOT expressed, but suggested • Article I, Section 8, Clause 18 • “Necessary and Proper” Clause • AKA The Elastic Clause • Powers to Congress • Can mean many things ex. Commerce " to make all laws, which shall be necessary and proper, for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, in any department or officer thereof."

  12. Inherent Powers • Belong to all sovereign states • Historically possessed • Examples • Immigration • Deportation • Diplomatic Recognition • Protection against rebellion

  13. Denied Powers • Expressly denied (can’t conduct search without a warrant) • Through Silence (no nat’lschool system) • Due to federalism (cannot threaten existence of states)

  14. State Governments • Reserved Powers • 10th Amendment – if not given to the national government or denied to the states then belong to the states • Examples: marriage, liquor, licenses, gambling, public schools • Most of what is done by government is done at the state level

  15. State, cont. • Denied Powers • Expressed – no treaties, coining money, etc • Due to federal system (cannot tax government agencies)

  16. Shared Powers • AKA Concurrent Powers • Taxation • Defining crimes and punishments • Eminent Domain • Not granted exclusively to the National Governement

  17. Section Two • Three things the National Government must do for the states • Guarantee a “Republican form of government” or Representative government • Protection • Respect of territorial integrity

  18. Adding a new state • Residents ask Congress for Admission • Congress passes Enabling Act • Residents write a constitution • Congress passes an Act of Admission • President signs • Territory becomes state

  19. Cooperative Federalism (money and information) • Police Information – ex. FBI help • Revenue Sharing – stopped with Reagan • Land Grants - ex. Texas A & M • Grants – in – aid Program • Categorical Grant – specific purpose • Block Grant – broad purpose • Project Grant – must apply and compete for funds

  20. State aid to National Government • Carry out and pay for elections

  21. Section Three • Supremacy of the National Government • Stated in Constitution • Article VI, Section 2 • State laws cannot conflict with Constitution or National laws • McCulloch v. Maryland asserted supremacy US Constitution National laws SC judgements State laws Local laws

  22. Interstate Relations • States cannot make treaties with one another • Interstate compacts to deal with shared problems • Full Faith and Credit Clause • Must honor laws of other states • Must honor records of other states • Must honor court decisions of other states • Only civil matters

  23. Privileges and Immunities Clause • No state can discriminate against a person who is from another state • Travelers, doing business, becoming a resident • Exception - some states do have residency requirements for voting

  24. Extradition • Returning a criminal to the state where they committed a crime if captured

More Related