Chapter 4: FEDERALISM Federalism- powers divided on a territorial basis – why? Division of Powers...
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Transcript of Chapter 4: FEDERALISM Federalism- powers divided on a territorial basis – why? Division of Powers...
Chapter 4: FEDERALISMFederalism- powers divided on a territorial basis
– why?Division of Powers Separation of governmental powers
between the National Government and the 50 state governments
Federalism – A Dual system of Government -- explain
Federalism
Territorial basis
DELEGATED POWERS Delegated Powers
those powers that the National government has granted to it in the constitution
Three types of Delegated Powers
1. Expressed
2. Implied
3. Inherent
DELEGATED POWERS
EXPRESSED POWERS
EXPRESSED POWERS-
• Those powers expressly written or…
• Spelled out in the constitution
Expressed Powers -legislative
Legislative Examples of Expressed Powers
• Lay and collect taxes,
• Coin money, regulate foreign and interstate trade,
• Raise and maintain an army,
• Declare war, fix a standard of weights and measures,
• Grant copyrights and patents
Expressed powers - executive
Executive Examples of Expressed Powers
• Commander-in-chief,
• Grant pardons and reprieves,
• Make treaties,
• Approve judges
IMPLIED POWERS• Those powers
not expressly written in the constitution • Elastic Clause-
but are …necessary and
proper
IMPLIED POWERS
• Congress regulates labor-management relations
• Building of power dams
• Building of interstate highways
Implied Powers
IMPLIED POWER EXAMPLES
• Punishment of federal crimes- kidnapping, gambling ..
• Racial Discrimination
IMPLIED POWERS –
INHERENT POWERS-
• Those powers historically held by government
INHERENT POWERS EXAMPLES
• Regulate immigration
• Deport aliens
• Acquire territory
• Protect against internal subversion
• Diplomatic recognition of other nations
INHERENT
POWERS
POWERS DENIED
THE NATIONAL GOVERNMENT
POWERS DENIED THE NATIONAL GOVERNMENT
#1 Constitution denies Expressly:Expressly:
• To levy duties on exports,
• to deny 1st amendment freedoms,
• illegal searches and seizures,
• deny fair and speedy trial
#2 Constitution is Silent on
Examples:
• Creating public schools,
• marriage and divorce laws,
• setting up local units of government
POWERS DENIED THE NATIONAL GOVERNMENT
3rd Constitution denies…
Examples:
• Congress may not
tax the states or their local units
of government to carry out federal government functions
RESERVED POWERS
RESERVED POWERS OF THE STATES – 10TH AMENDMENT• Those powers held by the states,
not granted specifically in the Constitution
Examples: • States can forbid persons under
the age of 18 to marry without parental consent• Those under 21 to purchase
alcohol
21 to purchase alcohol
Other Reserved Powers Examples
• Require licenses for doctors, lawyers, hairdressers, plumbers, teachers,
• States may establish public schools
• Grant divorces, permit gambling
• Spheres of powers held by the states are huge
EXCLUSIVE POWERS
EXCLUSIVE POWERS• Powers exercised
by only the federal government
• Examples:
• Coin money, make treaties, lay import duties
New River Gorge Bridge – condemn private property
CONCURRENT POWERS
Concurrent Powers-
• Powers held by both the National Government and the states
Examples:
• Levy and collect taxes, define crimes and punishment, condemn private property for public use
DUAL SYSTEM OF GOVERNMENT
SUPREME LAW OF THE LAND
THE SUPREME LAW OF THE LAND
Dual System of Government
The operation of national and state government may conflict
Supremacy ClauseNational law is
supreme over any state law
McCulloch v Maryland
•Supreme court acts as umpire in the Federal System
•National government is immune from state taxation
•Federal system is supreme over any state law
LADDERS OF THE LAW
1.
2.
3.
4.
5.
6.
LADDER OF THE LAWS• CONSTITUTION• Acts of Congress-
treaties• State Constitutions• State Statutes• City and County
Charters• Local Ordinances
INTERSTATE COMPACTS
INTERSTATE COMPACTS• Agreements among the
states themselves• Ex. NY and NJ creating
the port authority• Compact for parolees
and probationers –share in law enforcement information
FULL FAITH AND CREDIT
FULL FAITH AND CREDIT• Each state shall give full faith
and credit to every other state for public acts, records and judicial proceedings
• Public acts –
• refers to laws of the state
RECORDS • Records
documents such as birth certificates,
• marriage licenses,
• deeds for property, car registrations
Other:INTERSTATE COMPACTS
• To coordinate resources like water, oil, wildlife, and fish
• Forest protection, water pollution, tax collection, motor vehicle safety, licensing of drivers
Jurors found Kim Davis, 36, guilty of first-degree murder
Judicial Proceedings
Judicial Proceedings
Judicial Proceedings • out come of court
decisions (debt, criminal convictions, divorce) • Exceptions –apply only to
civil not criminal
From the movie show The Fugitive
EXPLAIN ….
https://www.youtube.com/watch?v=FgSvz4mYS0Q
EXTRADITION• Process where a fugitive
from justice in one state is returned to that state from which the crime was committed in order to be tried• Governors regularly
approve
PRIVILEGES AND IMMUNITIES
PRIVILEDGES AND IMMUNITIES
• Residents of one state may not be discriminated by another
• right to pass through or reside in another state for: trade, agriculture, buy sell rent property
PRIVILEDGES AND IMMUNITIES
PRIVILEDGES AND IMMUNITIES
States can require
nonresidents to pay higher fishing /hunting fees