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FEDERALISM

FEDERALISM. The Framers of the Constitution reconciled the need for an effective central government with respect for State governments by creating a system of federalism The Constitution set up a system of federal government dividing the power between the National government and the States.

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FEDERALISM

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  1. FEDERALISM

  2. The Framers of the Constitution reconciled the need for an effective central government with respect for State governments by creating a system of federalism • The Constitution set up a system of federal government dividing the power between the National government and the States

  3. Federalism: • provides for geographic distribution of power • produces a dual system of government • the National and State governments operate over the same people and the same territory at the same time

  4. Federalism cont’d: • provides for strength through unity • Federalism allows and encourages local action matters of local concern, yet it provides for strength that comes from union (national disaster) • Federalism’s major strength is that it allows local actions and matters of local concern, and national action in matters of wider concern

  5. Powers of the National Government • Expressed powers – review • Implied powers – review

  6. Powers Denied to the National Government • some are expressly denied – • duties on exports • it can not deny the rights stated in the Bill of Rights • denied because of the silence of the Constitution – government only has those powers delegated (given) to it • can not create a public school system for the nation, set up uniform marriage and divorce laws, or set up local governments

  7. Powers Denied to the National Government Cont’d • denied because of the Federalist system itself – can not undermine the states’ powers, things that would threaten the system itself. • Can not tax any of the states or their local units. If it could, it could tax a state or local government out of existence

  8. Other “Powers” Defined • Concurrent Powers – both Federal and state governments can exercise powers separately and simultaneously • Lay and collect taxes, define crimes and set punishments • Reserved Powers – powers held by the States • Set up public schools, grant marriages and divorces, etc • Set up units of local governments • Local governments derive their power from state constitutions and state laws

  9. SUPREME LAW OF THE LAND • The US Constitution is the Supreme Law of the land. • Acts of Congress and treaties are directly beneath it (they themselves are equal) • If an act of Congress conflicts with a treaty, the more recent one has priority

  10. INTERSTATE RELATIONS • Interstate compacts: • Agreements among the states themselves • Conservation, supervision of parolees, forest fire protection • Full Faith and Credit: • States must honor the legality of one another’s civil laws and court decisions • Birth certificates, marital status, divorces

  11. INTERSTATE RELATIONS CONT’D • Extradition: • Legal process by which a fugitive from one state is returned to it by another • Privileges and Immunities: • A resident of one state will not be discriminated against unreasonably by another state • people have the right to pass through, and move to other states • a state can require a period or residency to vote, apply for a license to practice law, medicine, pharmacy, etc, out of state college tuition

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