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Federalism - PowerPoint PPT Presentation

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Federalism. Chapter 4. National Powers. Delegated Powers - Powers specifically granted in the Constitution. Expressed Powers – Powers directly expressed or stated in the Constitution by the founders. AKA- enumerated powers. Can be found in Articles of the Constitution.

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Chapter 4

National powers
National Powers

  • Delegated Powers - Powers specifically granted in the Constitution.

    • Expressed Powers– Powers directly expressed or stated in the Constitution by the founders.

      • AKA- enumerated powers. Can be found in Articles of the Constitution.

      • Examples: collecting taxes, regulating trade, declaring war.

National powers1
National Powers

  • Implied Powers- Powers not listed in the Constitution but are implied (suggested).

    • Necessary and Proper clause, Art 1 Section 8- Congress can “make all laws which shall be necessary and proper” for carrying out its duties.

      • AKA - “The Elastic Clause”

    • Helps the government strengthen and expand as needed.

    • Example: The Federal Reserve System (The Fed).

National powers2
National Powers

  • Inherent Powers- Powers that the government may exercise simply because it is a government.

    • Example: Congress regulates immigration and acquires territory.

State powers
State Powers

  • The Constitution reserves certain powers for the States.

    • Reserved Powers- Powers granted to the states through the 10th Amendment.

      • Example: Establish local governments, conduct elections, set up public schools, ratify amendments.

State powers1
State Powers

  • Supremacy Clause, Art. 6, sect. 2

    • “This Constitution, and the Laws of the US…shall be the Supreme Law of the Land…”

    • States may not pass laws that defy the Constitution.

Concurrent powers
Concurrent Powers

  • Powers that both the national government and states have.

    • Example: Collect taxes, borrow money, make and enforce laws.

    • See Venn Diagram on page 93.

Exclusive powers
Exclusive Powers

  • Most of the Powers that the constitution delegates to the National Government.

  • These powers can be exercised by the National Government alone.

  • Cannot be exercised by the States under any circumstances.

The supremacy clause
The Supremacy Clause

  • Defines the order of things in the US, with the US Constitution being the highest law of the land…from bottom to top:

    5. City and County Charters and Ordinances

    4. State Statutes

    3. State Constitutions

    2. Acts of Congress and Treaties

    1. United States Constitution

Guarantees to the states
Guarantees to the States

  • The Constitution allows the National government to do 3 things for the states:

    1. Must guarantee each state a republican form of government.

    2. Must protect states from invasion and domestic violence.

    3. Has the duty to respect the territorial integrity of each state.

Cooperative federalis m
Cooperative Federalism

  • The federal government helps the state governments, or vice-versa.

Example disaster relief
Example: Disaster Relief

1. Local government responds,

2. The State Responds,

3. Damage Assessment,

4. A Major Disaster Declaration by the Governor,

5. FEMA Evaluates and makes a recommendation to the President,

6. The President Approves.

Federal grants in aid
Federal Grants-in-Aid

  • Grants-in-aid Programs- Grants of federal money or other resources to the States and/or their local governments.

    • Example: schools and colleges, roads and canals, flood control…

    • Morrill Act of 1862-grant money given to many states to start state colleges.

Revenue sharing
Revenue Sharing

  • From 1972-1987, Congress gave a huge share of it’s annual tax $$ to the states, no strings attached.

  • The only restriction on this money was that it could not support a program that discriminates…

  • States liked this program, but because of budget restraints, the US government cut it in the 1980’s.

Types of federal grants
Types of Federal Grants

  • Categorical Grants: made for a specific purpose, they have conditions (ex- airport construction).

Types of federal grants1
Types of Federal Grants

  • Block Grants: (very popular) more broadly defined, health care, social services, welfare…

Types of federal grants2
Types of Federal Grants

  • Project Grants: Made to states, and sometimes private agencies.

    • These grants often fund research or job training.

Admitting new states
Admitting New States

  • A new state cannot be created by taking territory from one or more of the existing States without the consent of the legislatures involved.

  • Only Congress has the power to admit new states.

Admission process
Admission Process

  • The area requesting statehood must make a request to Congress.

  • Enabling Act- An act directing the people of the territory to frame a proposed State Constitution. The enabling act must be passed by the Senate.

  • The people of the state must pass the constitution.

Admission process1
Admission Process

  • If the people pass the constitution, then it is submitted to Congress.

  • Act of Admission- An act creating the new State.

  • The President must sign the act.


  • Utah was only admitted if it outlawed polygamy.

  • Alaska was only admitted as long as it did not claim any land belonging to the Native Americans.

Interstate relations
Interstate Relations

  • Parts of the Constitution deal with how the States must interact and treat one another.

    • States may not make treaties with one another, but with Congress’ permission, they may make Interstate Compacts.

Interstate compacts
Interstate Compacts

  • These are agreements among the States that focus on solving problems they share.

    • Example: share law-enforcement information about criminals and juvenile delinquents.

    • Natural resources, tax collections, cooperative use of colleges.

Full faith and credit
Full Faith and Credit

  • Article IV, states, “Full Faith and Credit shall be given in each State to the public acts, records, and judicial proceedings of every other State.”

    • Each state must honor the laws, records and court decisions of each state.

    • Applies only to civil matters.

    • There are limits, like divorce. May only divorce in the state you reside.


  • It applies to Civil, not criminal matters (one state can’t be expected to enforce another state’s laws).

  • Certain divorce cases (where/when the couple were married, were they citizens of that state?).

Interstate citizenship
Interstate Citizenship

  • Privileges and Immunities Clause:

    • No state can discriminate against a person who lives in another State.

    • Does not apply to voting rules or stage college tuitions.


  • The legal process in which a person running from police in one State is returned by the police of another State.

  • 1987 – Puerto Rico V. Branstad, the Supreme Court ruled that federal courts can order a governor to extradite someone.

Should states be required to enforce federal laws
Should States be Required to Enforce Federal Laws?

  • Pg. 109, Read the case and answer ?s 1-3.

  • Answer thoroughly and legibly.

  • Turn in when finished.