The Federal SystemNational and State Powers

National Govt.

State Government

Local Government

Powers of government are

divided between a National, state

and local governments.

Powers of government are

shared by all levels.

Some delegates feared the central government would be too powerful. A federal govt. was created to allow states and local govts to handle

their own affairs.

Federal

=United States

Constitution

US Constitution is over all levels of government.

National Government is over the States.

Supreme law

United States

Constitution

• Supreme law of the land….• It is above all levels of government and no act,

law or public policy can be in conflict with it.

National Government is over the States.

=

A way of organizing a nation so that two or more levels of government share power.

Federalism

Alternatives to Federalism

Confederations- sovereign nations, through a constitutional compact, create a central government but carefully limit the power of the central government and do not give it the power to regulate the conduct of individuals directly. Ex.- Articles of Confederation and the European Union.

Alternatives to Federalism

Unitary Government- All governmental power is vested in the central government. The central government may delegate authority to constituent units, but what it delegates it may take away. Ex.- France, Israel, and in the U.S. state constitutions usually create this kind of relationship between the state and local governments.

Delegated powers: powers the Constitution grants or delegates to the national government (expressed, implied, and inherent)

Expressed powers: powers directly expressed or stated in the Constitution by the Founders; also called enumerated powers (Art. I, II, III) Levy and collect taxes, coin money, make war, raise an

army and navy, regulate commerce among states Implied Powers: authority that the national

government requires to carry out the powers that are expressly defined in the Constitution◦ Power to draft people into armed forces◦ Elastic clause: allows powers of Congress to stretch;

necessary and proper clause ( Art. I, Sect. 8)

Vocabulary

Inherent powers: powers of the national government may exercise simply because it is a government ◦ Gov’t must control immigration and establish diplomatic

relations w/other countries Supremacy clause: no state law or state constitution

may conflict with any form of national law; acts and treaties of the U.S. are supreme (Art. VI, Sect. 2)

Concurrent powers: powers that both the national government and states have

Denied powers: powers the Constitution specifically denies to the states or national gov’t

Vocabulary

http://glencoe.com/sites/common_assets/socialstudies/in_motion_10/usg/USG_097.swf

Division of Federal and State Powers

Power to taxMake treatiesCoin money

Establish Post OfficesRaise a military

Declare warAdmit new states

Build damsInterstate highways

Fund NASARegulate naturalization

Establish courtsRecognize new countries

Copyright/PatentsWeights/measurements

Prohibit racismRegulate commerce

Powers given to national govt

Expressed Implied

Delegated Concurrent Reserved

Make/enforce lawsMaintain courts

Collect taxesBorrow moneyCharter banks

Protect welfare of peopleCall out the militia

Provide for educationEstablish local govts

Conduct electionsProtect public safetyBuild state highwaysRaise a state militia

Issue licensesIncorporate businessesRegulate trade in stateRegulate drinking age

Set speed limitCreate counties/citiesDecide death penaltyMarriage definition

Medicinal marijuana

Powers shared by all 3 levels

Powers given only to the states

Div of powers

Commerce Clause: The clause in the Constitution that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations (Article I, Section 8, Clause 3):

Through the commerce clause, the national government has found constitutional jurisdiction for regulating a wide range of human activity.

“powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

Tenth Amendment does not give states power superior to that of the national government for activities not mentioned in the Constitution as upheld in 1985 by Garcia v. San Antonio Metro

Tenth Amendment

McCulloch v. Maryland: An 1819 Supreme Court dispute between Maryland and 2nd National Bank Cashier, James McCulloch, in which McCulloch refused to pay the $15,000 tax imposed by the state of Maryland in its effort to oppose Federal power. Supreme Court ruled in favor of McCulloch and established supremacy of national gov’t over the states

The national gov’t has certain implied powers that go beyond its enumerated powers through the Necessary and Proper clause

Establishing National Supremacy

Political Cartoon- McCulloch v. Maryland

Gibbons v. Ogden: A dispute over a monopoly to operate steamboats in New York waters that the state of New York had granted to Robert Livingston and Robert Fulton. Ogden, who was licensed to have the exclusive right to operate steamboats between NY and NJ, sued to stop Thomas Gibbons from running a competing ferry. The ruling promoted a national economic common market in holding that states may not discriminate against interstate transportation and out-of-state commerce.

Supreme Court defined commerce very broadly to encompass almost every form of commercial activity (movement of goods, radio signals, electricity, telephone messages, Internet, insurance transactions, etc)

Establishing National Supremacy

Political Cartoon- Gibbons v. Ogden

What McCulloch pronounced constitutionally, the Civil War settled militarily- the national government is supreme to the states

Establishing National Supremacy

Brown v. Board of Education School segregation was declared

unconstitutional and the federal gov’t enforced its ruling despite massive state resistance.

National gov’t reigns supreme over states

Establishing National Supremacy

The Constitution requires the national government to do three things for the states

Republican form of government- enforce that each state has a republican form of gov’t

Protection- protect states from invasion and domestic violence

Territorial integrity- respect territorial integrity of each state

Guarantees to the States

The Federal SystemRelations Among the States

Constitution set rules for how the states must interact with each other

Article IV◦ Full faith and credit◦ Privileges and immunities◦ Extradition◦ Interstate compacts◦ Lawsuits between states

Relations Among the States

People cannot avoid their legal obligations by moving to another state; thus, “full faith and credit” shall be given in each state to the public acts, records, and judicial proceedings of every other state

Public acts= civil laws passed by state legislatures

Records= documents such as mortgages, wills, marriage licenses, car registrations, and birth certificates

Judicial proceedings= court actions affecting civil matters

Full Faith and Credit

“the Citizens of each State shall be entitled to all Privileges and Immunities as citizens of that state”

Meant to stop states from discriminating against citizens of other states◦ Visitors pay same sales tax and receive same police

protection Generally, the more fundament the rights, such as

owning property or receiving police protection, the less likely it is that a state can discriminate against a citizen of another state

Many exceptions◦ Out of state tuition to state universities

Privileges and Immunities

Political Cartoon- Privileges and Immunities

A lawbreaker cannot avoid punishment by escaping to another state

“A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. Article IV, Section 2

◦ States must return a person charged with a crime in a another state to that state for trial or imprisonment

Extradition

Written agreements between two or more states

One way in which states settle their disputes peacefully

Congress must approve interstate compacts to prevent states from making alliances among themselves and threatening union.

Interstate Compacts

States can bring one another to court for a variety of reasons. Many cases are over water rights.

220 disputes have been brought to Supreme Court since 1789

Lawsuits between states