Powers Denied to the National Government Powers are denied to

Document Sample
Powers Denied to the National Government Powers are denied to Powered By Docstoc
					                      Why Federalism?
CHAPTER 4




        The Framers were dedicated to the concept of
           limited government.
        1. that governmental power poses a threat
           to individual liberty,
        2. the exercise of governmental power must
           be restrained
        3. to divide governmental power, as
           federalism does, is to curb it and so
           prevent its abuse.
                     Federalism Defined
CHAPTER 4



        • Who makes the decisions about your life, you or
          your parents?

        • Federalism is a system of government in which
          divides the powers of government between
          national and several regional governments.
        • The Constitution provides for a division of
          powers, assigning certain powers to the National
          Government and certain powers to the States.
             Powers of the National Government
CHAPTER 4




        The National Government is a government of delegated powers,
        meaning that it only has those powers delegated (granted) to it in the
        Constitution. There are three types of delegated powers:

        • The expressed powers are those found directly within the
          Constitution.
        • The implied powers are not expressly stated in the
          Constitution, but are reasonably suggested, or implied by,
          the expressed powers. (necessary and proper clause)
        • The inherent powers belong to the National Government
          because it is the government of a sovereign state within the
          world community, an example being the ability to regulate
          immigration.
            Powers Denied to the National Government
CHAPTER 4



        Powers are denied to the National Government in three distinct ways:
        1. Some powers, such as the power to levy duties on exports or
           prohibit the freedom of religion, speech, press, or assembly, are
           expressly denied to the National Government in the Constitution.
        2. Some powers are denied to the National Government because
           the Constitution is silent on the issue. (reserved for states)
        3. Finally, some powers are denied to the National Government
           because the federal system does not intend the National
           Government to carry out those functions.
                             The States
CHAPTER 4



        Powers Reserved to the        Powers Denied to the States
          States                      • Just as the Constitution
        • Reserved powers come          denies many powers the
                                        National Government, it also
          from _______ in the
                                        denies many powers to the
          Constitution.                 States.
        • The reserved powers are     • Powers denied to the States
          those powers that the         are denied in much the same
          Constitution does not         way that powers are denied to
          grant to the National         the National Government;
          Government and does not,      both expressly and
          at the same time, deny to     inherently.
          the States.
            The Exclusive and Concurrent Powers
CHAPTER 4



        Exclusive Powers                  Concurrent Powers
        • Powers that can be exercised    • The concurrent powers are
           by the National Government       those powers that both the
           alone are known as the           National Government and the
           exclusive powers.                States possess and exercise.
        • Examples of the exclusive       • Some of the concurrent
           powers are the National          powers include the power to
           Government’s power to coin       levy and collect taxes, to
           money, to make treaties with     define crimes and set
           foreign states, and to lay       punishments for them, and to
           duties (taxes) on imports.       claim private property for
                                            public use.
                          Journal
CHAPTER 4




        • Journal #6:
        • Read pg 91 – Voices on Government and
          answer the question at the end
        • How does this apply today? (stimulus
          money, healthcare, BP oil spill, money in
          education)
                 The Supreme Law of the Land
CHAPTER 4



        The Supremacy Clause in the Constitution establishes the Constitution
        and United States laws as the “supreme Law of the Land.”
            The Nation’s Obligations to the States
CHAPTER 4




        1. Republican Form of Government

        2. Invasion and Internal Disorder

        3. Respect for Territorial Integrity
                    Admitting New States
CHAPTER 4




        • Only Congress has the power to admit new States
          to the Union.
        • Congress first passes an enabling act, an act
          directing the people of the territory to frame a
          proposed State constitution.
        • If Congress agrees to Statehood after reviewing
          the submitted State constitution, it passes an act
          of admission, an act creating the new State.
                       Let the $$$$ Flow
CHAPTER 4




        • Are grants and federal aid a good thing? Who
          and how do they assist?

        • Big projects that a city or state may not be able to
          afford
        • Struggling citizens – income, education, welfare
        • Research groups and non-profit groups
                             Grants-in-aid
CHAPTER 4




                               Federal Grants




             •Categorical          •Block       •Project
            (Formal rules)
                        Cooperative Federalism
CHAPTER 4



        Even though the basis of federalism is the division of powers between
        levels of government, there is still much cooperation between them.
        Federal Grants-in-Aid                   Revenue Sharing
        • Grants-in-aid programs are            • Revenue sharing, used
           grants of federal money or             between 1972 and 1987, gave
           other resources to the States          an annual share of federal tax
           and/or their cities, counties,         revenues to the States and
           and other local units.                 their local governments.


            Other aids: FBI services, National Guard training equipment,
                              Census Bureau report,
                              Federal Grants
CHAPTER 4



        Congress appropriates money for three types of grants-in-aid:
        Categorical Grants
        • made for some specific, closely defined purpose, such as school
           lunch programs or the construction of airports or water treatment
           plants. There are usually conditions, or “strings,” attached to
           regulate the use of these funds.
        Block Grants
        • portions of money allocated to States to use for broader
           purposes, such as health care, social services, or welfare. Block
           grants often are granted with fewer strings attached.
        Project Grants
        • provided to States, localities, and sometimes private agencies that
           apply for them. They are used for a variety of purposes ranging
           from medical research to job training and employment programs.
             State Aid to National Government
CHAPTER 4




        • The states conduct federal elections at no charge
          to the national government.
        • State police hold federal prisoners.
        • The cost of naturalization is absorbed by the
          states.
                         State to State
CHAPTER 4




        • There are 4 ways states cooperate with one
          another
          1. interstate compacts
          2. full faith and credit clause
          3. extradition
          4. privileges and immunities
                     Interstate Compacts
CHAPTER 4




        • No State may enter into any treaty, alliance, or
          confederation.
        • More than 200 compacts are now in force, and
          range in a variety of uses from sharing law-
          enforcement data to resource development and
          conservation.
                     Full Faith and Credit
CHAPTER 4




        The Full Faith and Credit Clause of the Constitution
        ensures that States recognize the laws and,
        documents, and court proceedings of the other
        States.
        There are two exceptions to the clause though:
           1. One State cannot enforce another State’s
              criminal laws.
           2. Full faith and credit need not be given to
              certain divorces granted by one State to
              residents of another State.
                            Extradition
CHAPTER 4




        • the legal process by which a fugitive from justice
          in one State is returned to that State.
        • Governors are the State executives that handle
          the extradition process.
        • If a governor is unwilling to return a fugitive to a
          State, federal courts can intervene and order that
          governor to do so.
                  Privileges and Immunities
CHAPTER 4




        • Provides that no State can draw unreasonable
          distinctions between its own residents and those
          persons who happen to live in other States.
        • States cannot, for example, pay lower welfare
          benefits to newly arrived residents than it does to
          its long-term residents.
        • However, States can draw reasonable
          distinctions between its own residents and those
          of other space, such as charging out-of-State
          residents higher tuition for State universities than
          in-State residents.
                  State and National Laws
CHAPTER 4




        • Read page 109 as a class
        • Pick a side and discuss in your group the
          reasons for your decision
        • Share and discuss as a class
              Close Up on the Supreme Court
CHAPTER 4




        • Examine and take sides…Should States Be
          Required to Enforce Federal Laws?

        • Read aloud as a class pg 109.

        • With a partner, pick out constitutional supports
          for each side
        • Pick a side to support and prepare for discussion.

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:0
posted:12/19/2012
language:English
pages:22