Federalism

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					FEDERALISM
 Central Control
        vs.
State Sovereignty
      FEDERALISM
• A system of Government in
  which power is shared between
  D.C. and Lansing
DIVISION OF POWER
   The United States
     Constitution
 DELEGATED POWERS
• Powers given solely to the
  Federal Government
• 3 types:
       Expressed Powers
• Powers expressed (written) in the
  Constitution.
• Article 1 Section 8: Congress can
  collect taxes, coin $, regulate interstate
  commerce, declare war.
• Article II Section 2: President can
  command armed forces, grant pardons,
  make treaties, appoint federal officials.
      Implied Powers
• Powers not stated in
  Constitution but implied
  through the expressed powers.
• Article I Section 8 Clause 18:
  “Necessary and Proper Clause”.
  (ELASTIC).
    IMPLIED POWERS
• Commerce
  Power has
  been stretched
  to cover:
KIDNAPPING
GAMBLING
    RACIAL
DISCRIMINATION
  INHERENT POWERS
• Powers belonging to the Federal
  Government because it is the
  National (Sovereign)
  Government.
REGULATE IMMIGRATION
DEPORT ALIENS
PROTECT BORDERS
     POWERS DENIED TO
   FEDERAL GOVERNMENT
• Taxing exports
• Deny freedoms in Bill Of Rights
• Reserved Powers of States: public schools,
  marriage, local zoning laws.
• Cannot Tax State and Local Governments.
      CONCURRENT
        POWERS
• Power shared by both levels of
  Government.
• Pass & enforce laws.
• Collect taxes
POWERS RESERVED TO THE
        STATES
•   10th Amendment implies:
•   Public Schools
•   Marriage / Divorce
•   Criminal prosecution / prison.
•   Real Estate
•   Zoning
  POWERS DENIED TO THE
        STATES
• No treaties with foreign nations
• No coining $
• Cannot tax the Federal Government
  POWERS DENIED TO
       BOTH
• Ex Post Facto: passing a law
  after the fact.
• Bill Of Attainder: Go to jail
  without a trial.
SUPREMACY

 CLAUSE
THE TRUMPING GAME
• Article VI Section 2, lays out
  the pecking order.
      SUPREMACY CLAUSE
•   CONSTITUTION (Ace)
•   FEDERAL LAW / TREATIES (King)
•   STATE CONSTITUTION (Queen)
•   STATE LAW (Jack)
•   CITY & COUNTY ORDINANCES (10)
Constitution vs. Federal Law
              • Segregation of
                Military
              • 14th Amendment
              • Winner:
              • 14th Amendment
U.S. Constitution v. State Law
               •   Brown v. Board
               •   Little Rock P.S.
               •   Winner:
               •   Brown v. Board
NATIONAL GOVERNMENT’S
  OBLIGATIONS TO THE
       STATES
  Federal Government must ..

• Guarantee a Republic form of
  Government
• Protection From Rebellion and
  Invasion
• Respect Territorial Integrity
• Admit New States
COOPERATIVE
 FEDERALISM
GRANTS IN AID
      • Federal $ or other
        resources given
        to state or Local
        governments to
        carry out their
        duties
      • States must
        follow Federal
        Guidelines
NEW DEAL PROGRAMS
        •
LAND GRANT
 COLLEGES
     •
BLOCK GRANTS
      • Federal $ given
        to states with
        no strings
        attached.
      • Community
        Development
      • Highway
        Construction
INTERSTATE RELATIONS

      ARTICLE IV
         of the
     CONSTITUTION
INTERSTATE
 COMPACTS
     • Agreements
       among states
       or foreign
       nations.
NY/NJ Port Authority
Great Lakes Compact
FULL FAITH & CREDIT
         • All States will
           respect the
           validity of
           other state
           laws and
           ordinances
    MARRIAGE
•
PROPERTY RIGHTS
     EXCEPTIONS
• CRIMINAL LAW
• QUICKEE DIVORCES
EXTRADITION
     • A legal process
       in which a
       fugitive from
       justice in a state
       is returned to
       that state by
       another.
     PRIVILEDGES &
      IMMUNITIES
• A resident of one state cannot
  be discriminated against
  unreasonably by another state.
• Free travel, buy property, use
  courts.
EXCEPTIONS
HUNTING & FISHING FEES
STATE COLLEGE TUITION

				
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posted:10/10/2011
language:English
pages:44