Powers Granted to the States

1. Powers Granted to the States Reserved Powers – those powers that the Constitution does not grant to the National Government and does not, at the same time deny to the States. Why? • The Constitution does not give the National Government the power to take these actions • It does not deny the States the power to take them. • examples are to stop anyone under 21 from legally buying liquor, ban under 18 from buying pornography, outlaw prostitution, allow some forms of gambling but deny others. • the power of the state to promote and protect the public health, morals, safety, and general welfare. (a VERY IMPORTANT POLICE POWER) There is one exception to expressed powers not being granted to the States. Section 2 of the 21st Amendment gives the states an almost unlimited power to regulate the manufacture, sale, and consumption of alcoholic beverages

2. Powers not granted to the States The states are denied powers based on the words of the Constitution • States can’t enter into treaties with other countries or alliances etc. • can’t coin money Some powers are denied because of the existence of the federal system • can’t tax the national government or their functions

3. Exclusive & Concurrent Powers Most of the powers that are delegated to the National Government are Exclusive Powers or powers that can be exercised by the National Government alone. • some are exclusive by word • some by the nature of the power (while the Constitution says nothing on the matter) A few powers that are delegated to the National Government are concurrent or powers that both the Federal government and the States have. • Both the National government and the State governments operate identical powers at the exact same time. • examples are levying and collecting taxes, dealing with what crimes are and punishments, and condemn (take) private property for public use Something of note, regardless of being told that there are three levels of government in the United States, it is wrong there are only TWO levels of government • All local governments are an extension of the State it is located in. • All local governments exist because the State allows for the local government to exist and exercise its powers

4. Who Really Rules? Something of note, regardless of being told that there are three levels of government in the United States, it is wrong there are only TWO levels of government • All local governments are an extension of the State it is located in. • All local governments exist because the State allows for the local government to exist and exercise its powers

6. National Obligations to the States To ensure that every State has a republican form of government • not defined by the Constitution and Supreme Court • viewed that the definition of "republican form of government" must be defined by the President and Congress, not the courts • usually understood to mean representative government. • The national government must protect against invasion or domestic violence • came out of the first decade of the existence of the United States when it wasn't certain that all of the states would rally to the defense of one that was attacked. • It was required that all of the States agree to this provision before they would surrender their war making powers.

7. Now it is assumed that an attack on one is an attack on all • Domestic violence is usually dealt with by the individual State, but the Constitution accepts the fact that a State may not be able to handle all situations that arise so the National govt. guarantees protection against domestic violence • Usually, federal troops are only sent into the States when they are requested by governors or State legislatures • If national laws are being broken, the President does not need to wait for a call for help • The national government must respect the integrity of each of the States • There are clauses for creating new states out of the territory of existing states, but there is a long process to do so.

8. Only Congress can admit new states • Out of the 37 admitted States (after the original 13 States), only 5 have been created from preexisting States • Vermont, Kentucky, Tennessee, Maine, and West Virginia • How Admission works • The area wanting to be a state has to ask Congress for admission. • When Congress feels like it (if ever) it passes an enabling act which orders the people of the territory to frame a proposed State constitution. • A convention prepares a constitution which is then put to a popular vote in that proposed State. • if approved, it is submitted to Congress for consideration. • should Congress still agree then it passes an Act of Admission which creates the new state. • this act is passed on to the President to be signed. If the President signs it, a new State enters the Union. • if disapproved, either the Convention reconvenes or the issue is dead for the time being.

9. Cooperative Federalism • When the two levels of governments completely cooperate between themselves • Grants-in-aid programs – grants of federal money or other resources to the States or their local governments. • has occurred since before the Constitution (Northwest Ordinance of 1787) • many of the colleges that exist today were built on land grants from the federal government to the states. • these grant greatly aid the local governments in their day to day functions • it also allows the federal government to dictate policy in area where otherwise, it has no Constitutional Authority

10. Revenue Sharing – congress gave an annual share of tax revenue to the States and their local governments. • ran from 1972 to 1987 • had only “string” attached • The money couldn’t be used for any program in with discrimination based on race, sex, nationality, origin, age, religious belief, or physical disability was evident. • Categorical Grant – money given for some specific closely defined purpose • most common type of grant • usually only 4 “strings” attached • used it for its specific purpose • the State has to make its own contribution • have an agency to administer the grant • make sure the guidelines for the grant are being followed. • Ex. school lunches, sewage, etc.

11. Block Grants – designed to be much more broadly defined purposes and fewer rules in using this money. • ex. fire departments, social services, welfare • Project Grants – grants issued to States, local governments, and or private groups that apply for them. • ex. research into disease Other types • Lulu payments – are payments of money directly to local governments because there are large amounts of land holdings by the federal government in their area and they cannot tax the federal government, so the fed compensates them with these payments • Military training each of the States own militia • FBI and the Secret Service aiding State and local Police.

12. The States aid to the National Government • National elections – financed by State/local money and regulated by State law • Naturalization – is dealt with mostly by the States and not the National Courts • Local/State law enforcement doing the leg work for the FBI (and company) against criminals.

13. Relations between the States All of the States in the Union had to give up the power to make treaties with foreign powers in order to join. • Congress can give permission to have agreements among themselves and foreign states • This is called an Interstate Compact They range from just two States to all fifty Full Faith and Credit Clause • Constitution says that every State will recognize the laws, records, and judgments of all of the other states. • Exceptions are • only in civil matters • certain divorces don’t have to be given full faith and credit to residents of another state.

14. Extradition Clause Fugitives from justice in one State can be held, then returned to the original State in question Privileges and Immunities Clause A State can’t draw an unreasonable distinction between its residents and those from other states. • Each State must allow people to travel to and from it • Each State must allow All Americans the use if its courts, conduct business and enter in marriage within its borders • Can’t force employers to hire or give preferences to in-State residents Examples of reasonable distinction • living within a state for so long before voting, holding office, practicing law, medicine etc. • College can charge higher tuition to non-resident students vs. resident students