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Chapter Four

Chapter Four. The Federal System. Section 1: National and state powers. Three types of powers granted [delegated] by the Constitution to the national government Expressed (def) – those powers stated in the Constitution. Usually found in the 1 st three articles of Constitution

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Chapter Four

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  1. Chapter Four The Federal System

  2. Section 1: National and state powers • Three types of powers granted [delegated] by the Constitution to the national government • Expressed (def) – those powers stated in the Constitution. • Usually found in the 1st three articles of Constitution • Also called enumerated powers

  3. Section 1 (cont’d) • Implied Powers • (def) – powers that the national government has/requires to carry out their expressed powers. • Ex. power to coin money (expressed) = power to build a mint (implied)

  4. Section 1 (cont’d) • Inherent Powers • (def) – those powers that a national government may use simply because it is a government • Ex. The government controls immigration

  5. Section 1 (cont’d) • State Government Powers • Reserved (def) – powers given strictly to the states/people by the Constitution • They are not specific • Authority over matters like education, licensing, marriage

  6. Section 1 (cont’d) • Concurrent Powers • (def) – powers both the national and state government have • Ex. collect taxes, maintain courts, define crimes, borrow $

  7. Section 1 (cont’d) • Constitutional obligations to the states • republican form of government • protection from invasion and/or domestic violence • territorial integrity

  8. Section 1 (cont’d) • Constitutional obligations of the states • participation in the amendment process • conduct and pay for elections of all national government officials

  9. Section 2: relations Among States • Interstate Relations according to Article IV • full faith and credit • Each state must recognize the laws and legal proceedings of the other states • Why an issue now ?

  10. Section 2 (cont’d) • Privileges and Immunities • One state may not discriminate unreasonably against citizens of another state • Ex. driving through a state, buying property, use the courts

  11. Section 2 (cont’d) • Extradition • States are responsible to return those charged with a crime or having fled from conviction of a crime to the state of original jurisdiction

  12. Section 2 (cont’d) • Interstate Compacts • (def) – written agreements between states that must be approved by Congress • Ex. Northeast Interstate Dairy Compact

  13. Section 3: Issues of Federalism • States Rights • favor state and local action in dealing with problems • believe state governments are closer to the people and better respond to them • use 10th amendment

  14. Section 3 (cont’d) • Nationalists • favor national action to solve problems • believe people created all forms of government therefore national government is not subordinate to states • use the “necessary and proper” clause of Article I Section 8 clause 18

  15. Section 3 (cont’d) • Federal Aid to the States • Federal government uses money to influence state and local governments • Money is given in the form of aid  usually grants or block grants ex. ADA of 1990 – requires access to all public buildings so grants given to complete requirements

  16. Section 4: Federalism and public life • Pros • Ideas get “tried out” at the state level first • Sunset laws ~ periodic checks of government agencies • Sunshine laws ~ public meetings cannot be closed • Grass roots participation

  17. Section 4 (cont’d) • Cons • Increase in bureaucracy • “who’s in charge” ?? • Lack of consistency

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