FederalisFederalismm

FederalismFederalism

System of govt. in which a System of govt. in which a written constitution divides written constitution divides the powers of govt. between the powers of govt. between a national government and a national government and several regional several regional governments.governments.

Powers of Powers of GovernmentGovernment

ExpressedExpressedImplied Implied InherentInherent

Powers of the National Powers of the National GovernmentGovernment

Expressed: Specifically stated in Expressed: Specifically stated in the constitution.the constitution.

Section. 8. Art 1: 18 Clauses that give congress Section. 8. Art 1: 18 Clauses that give congress 27 powers.27 powers.

Implied PowersImplied Powers

Not specifically stated but Not specifically stated but suggested by the constitutionsuggested by the constitution

Expressed & their Implied Expressed & their Implied PowersPowers

InherentInherent

Belong to the National Belong to the National government because it is the government because it is the government of a sovereign state.government of a sovereign state.

Ex: Power to regulate Ex: Power to regulate immigration, deport immigration, deport undocumented aliens, to acquire undocumented aliens, to acquire territoryterritory

Powers Denied to the Powers Denied to the National GovernmentNational Government

Ones stated in the Ones stated in the ConstitutionConstitution

Ex: Govt. cannot prohibit the Ex: Govt. cannot prohibit the freedom of religion, speech, freedom of religion, speech, press, or assembly, press, or assembly,

Silence of the Constitution:Silence of the Constitution:– Doesn’t say anything about the Doesn’t say anything about the

power in the constitution.power in the constitution.– Ex. Marriage Rules, Public School Ex. Marriage Rules, Public School

SystemsSystems

Powers are denied because we Powers are denied because we have a federal systemhave a federal system

– Certain powers are given to the Certain powers are given to the states.states.

More DefinitionsMore Definitions

Reserved powers: Powers given to Reserved powers: Powers given to the states.the states.

Exclusive: Powers only given to Exclusive: Powers only given to the National government.the National government.

Concurrent: Shared Powers Concurrent: Shared Powers

The Supreme Law of the LandThe Supreme Law of the Land The Supremacy Clause in the Constitution establishes the The Supremacy Clause in the Constitution establishes the Constitution and United States laws as the “supreme Law of the Constitution and United States laws as the “supreme Law of the

Land.”Land.”

Admitting New StatesAdmitting New States Only congress has the power to admitOnly congress has the power to admit

Step 1: Enabling Act: directs people of territory Step 1: Enabling Act: directs people of territory to frame a proposed state constitution.to frame a proposed state constitution.

Step 2: Constitution submitted to congress for Step 2: Constitution submitted to congress for considerationconsideration

Step 3: Act of admission- act creating new Step 3: Act of admission- act creating new statestate

Step 4: President signs act- new state enters Step 4: President signs act- new state enters union.union.

Interstate RelationsInterstate Relations

Full Faith & Credit ClauseFull Faith & Credit Clause

ExtraditionExtradition

Privileges & Immunities ClausePrivileges & Immunities Clause

Full Faith & Credit Full Faith & Credit ClauseClause

““Full faith and credit shall be given in in Full faith and credit shall be given in in each state to the public acts, records, each state to the public acts, records, and judicial proceedings of the State.”and judicial proceedings of the State.”

Public Acts= LawsPublic Acts= Laws Records= Documents (Birth Certificates, Records= Documents (Birth Certificates,

Marriage Licenses, Deeds, Car Marriage Licenses, Deeds, Car Registration)Registration)

Judicial Proceedings= Court CasesJudicial Proceedings= Court Cases

Constitutional requirement that Constitutional requirement that each State accept the public acts, each State accept the public acts, records, and judicial proceeding records, and judicial proceeding of every other State.of every other State.

There are two exceptions to the clause though:There are two exceptions to the clause though: (1) One State cannot enforce another State’s criminal laws. And, (1) One State cannot enforce another State’s criminal laws. And, (2) Full faith and credit need not be given to certain divorces granted by (2) Full faith and credit need not be given to certain divorces granted by

one State to residents of another State.one State to residents of another State.

ExtraditionExtradition “ “ A person charged in any State with A person charged in any State with

treason, felony, or other crime, who shall treason, felony, or other crime, who shall flee from Justice, and be found in another flee from Justice, and be found in another state, shall on demand of the executive state, shall on demand of the executive authority of the State from which he fled, authority of the State from which he fled, be delivered up, to be removed to the be delivered up, to be removed to the state having Jurisdiction of the Crime”state having Jurisdiction of the Crime”

Legal process by which a fugitive from Legal process by which a fugitive from justice in one State is returned to that justice in one State is returned to that state.state.

Privileges and Immunities Privileges and Immunities ClauseClause

““The citizens of each state shall be The citizens of each state shall be entitled to all privileges and entitled to all privileges and immunities of citizens of several immunities of citizens of several states.”states.”

Provides that no State can draw Provides that no State can draw unreasonable distinctions between its unreasonable distinctions between its own residents and those persons who own residents and those persons who happen to live in other States.happen to live in other States.

Ex: Can travel to other states, buy Ex: Can travel to other states, buy property there, get a job thereproperty there, get a job there

However, States can draw However, States can draw reasonablereasonable distinctions between its own residents distinctions between its own residents and those of other space, such as and those of other space, such as charging out-of-State residents higher charging out-of-State residents higher tuition for State universities than in-tuition for State universities than in-State residents. Also for hunting State residents. Also for hunting licenses. licenses.