Name: Date:___________Period:_______

Chapter 4 Notes

“Let the ______________________, bound together in a _____________ and _____________________________, concur in erecting _____________________________________________________.”

-Alexander Hamilton, The Federalist No. 11

Introduction

• How is power divided between the Federal Government and the States?

– Certain __________________powers , such as the power to coin money, are exercised only by the federal government.

– ___________________powers, such as the power to establish public schools, are exercised only by the States.

___________________ powers, such as the power to tax, are shared by the States and the federal government.

Federalism

• The Framers believed that government power must be _______________________ and limited so that it cannot threaten individual liberty.

• The Constitution divides power between the federal government and the States through _______________________.

– Federalism creates __________ basic levels of government that overlap.

– Each level has some powers _______________ to the other level.

Federalism Cont…

• Federalism allows local governments to handle ______________ concerns while the national government deals with national issues.

– This gives each of the States some __________________________ when dealing with challenges.

– Successful State programs, such as welfare reform, can influence national policies as well as policies in other States.

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• Federalism also lets the nation respond in a united way to serious crises like __________ or natural disasters.

Expressed Powers

• The congressional powers specified in the Constitution in Article I include the power to ___________ money, ___________ armed forces, and levy ___________.

• Other expressed powers are granted to the President in Article II and the Supreme Court in Article III.

Checkpoint: Why is the Necessary and Proper Clause sometimes referred to as the Elastic Clause?

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– The Necessary and Proper Clause gives Congress the power to make all laws “necessary and proper” for carrying out its expressed powers, so it is said to ____________________ to cover many situations.

– Congress exercises many _____________________________ that are based upon its expressed powers. These implied powers include building the interstate highway system and banning racial discrimination in public places.

Inherent Powers

– Every national government has certain powers, called ____________________ powers. These inherent powers are not based on the Constitution.

– Inherent powers include acquiring territory, ___________________ the nation, regulating ___________________, and conducting diplomacy.

Denied Powers

• The Constitution denies certain powers to the federal government.

– Some powers are specifically _______________, such as the power to prohibit freedom of religion, speech, press, or assembly.

– Other powers, like creating a national school system, are denied because they cannot be based on ____________________ powers.

– Finally, the national government cannot have powers that would _______________________ the existence of the federal system.

State Reserved Powers

• The ______ Amendment reserves to the States all powers not given to the federal government or denied to the States.

– These powers include the ______________ power, which lets a State protect and promote public health, morals, safety, and general welfare.

– State and local governments use the huge scope of the reserved powers to perform many of their __________ actions.

• Issuing driver’s ___________________ is a power reserved to the States.

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– Most States require a written, on-road, and vision test.

– The age at which teenagers can get a license and the rules new drivers must follow _________ from State to State.

Powers Denied to the States

• The Constitution specifically denies some powers to the States.

– Some of these powers are also denied to the federal government.

– Other powers denied to the States are __________________ to the federal government. For example, States cannot tax imports or coin money, but the federal government can.

– The States are denied some powers by the nature of the federal system.

– No State can _______ the federal government or regulate interstate trade.

Concurrent Powers & Sharing Responsibility

• ______________________powers are shared by the federal government and State governments. They allow the federal system to function.

• They include all powers not exclusive to the national government or denied to the States.

– Local governments use these powers only with the permission of their State.

• Some powers are exercised by both levels of government, as you can see in the circle.

– Why do both levels of government have the power to establish law enforcement agencies?

1. __________________________________________________________________________________________

Supreme Law

• The Constitution is the _________________________ law of the land, standing above all treaties and acts of Congress.

– Below these federal laws come State laws.

• In a federal system, State and federal laws sometimes ____________________.

• The Supreme Court settles conflicts between State and federal laws.

– The Court can rule a State or federal law to be _______________________________.

Supreme Law

• In the 1819 case McCulloch v. Maryland, the Court ruled that when federal and State laws conflict, the federal law wins if it is constitutional.

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How does the disastrous result in this cartoon illustrate the Supremacy Clause?

2.

Review Question

How is power divided between the Federal Government and the States?

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Section 2

Introduction

• According to the Constitution, what must the National Government guarantee to each State?

– A _____________________ form of government

– Protection from invasion and internal __________________

– Respect for territorial integrity

Guarantees and Protections

• The Constitution guarantees each State a republican form of government.

– This guarantee is interpreted to mean that each State must have a ________________________ government.

• The Federal government must protect the States from invasions and domestic violence.

– Federal force has ________ been used to restore order inside a State, though it happened in the 1960s during the civil rights movement.

Other Protections

• Presidents normally send in troops by State __________________, but if national laws, functions, or property are endangered, they do not need to wait for a request.

• The national government must ____________________ the legal existence and physical borders of each State.

– Each State must be represented in the U.S. Congress.

Admitting New States

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• The _________________________________________________ set the rules for admitting new States.

– It established the principle that U.S. territories could become ________________ members of the nation once they had a high enough population.

• Only Congress can _________________ new States.

– A new State cannot be made from the territory of any existing States without their consent.

• Congress has admitted 37 States since the nation was founded.

– Most States spent at least 15 years as part of territories before admission.

– In 1959, Hawaii and Alaska became the last two States added to the Union.

Admission Procedure

• Checkpoint: What must a territory do once an enabling act is passed by Congress?

– An area desiring _____________________________ first asks Congress for admission. If Congress agrees, it passes an enabling act.

– The territory must then hold a ________________________________ to write a proposed constitution. This constitution must then be approved first by territorial voters and later by Congress.

• If Congress approves the State constitution, it passes an act of ___________________, which the President must then sign to admit the new State.

• Congress may require a State to meet certain _____________________ before being admitted.

– For example, Utah was not admitted until it outlawed polygamy.

• These conditions cannot interfere with a State’s independent right to manage its own internal ___________.

Louisiana Becomes a State

• The Louisiana Territory was bought by President Thomas Jefferson from France in 1803. This purchase nearly doubled the size of the United States.

• By 1810, 77,000 people lived in the area of what is now the State of Louisiana and they wished to acquire Statehood.

• In 1812, Louisiana became the 18th State.

Federal Grants

• Congress began granting federal _____________ and _____________ to the States early in the nation’s history.

– Land grants were often used to establish schools, colleges, and roads, while cash grants were less common until the 1930s.

– Today there are more than _____________ grant programs offering about $300 billion.

– States often depend on this money to fund services, which increases the influence of the federal government in many policy areas.

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Types of Federal Grants

• Congress sets aside money for three types of grants-in-aid:

– ___________________ grants must be used only for a specific purpose. They require States to contribute their own funds, have an agency monitoring the grant, and obey federal guidelines for using the grant money.

– _____________ grants have broader goals and fewer strings attached.

– _____________ grants fund various State and local projects

Other Types of Aide

• Federal organizations help many State institutions do their __________.

– The FBI assists State and local police.

– The U.S. military trains and equips State National Guard Units.

– The federal government also pays local governments the equivalent of property ____________ on federal land.

• State governments assist the national government in many ways.

– State and local governments pay for and organize the ___________________ process.

Review

According to the Constitution, what must the National Government guarantee to each state?

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Section 3

Introduction

• How do the States work together to preserve the Union?

– State governments make ______________________ compacts.

– States offer full faith and credit to the laws, official records, and court rulings of other States.

– States extradite ___________________ to other States.

– States respect the privileges and immunities of _____________________ of other States.

Interstate Compacts

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• States can enter agreements with other States and with foreign governments with the ____________________ of Congress.

– The number of these agreements has increased over time.

• There are interstate _________________________ to share law enforcement data, counter global climate change, encourage cooperation between public universities, and coordinate the conservation of water and wildlife

Full Faith and Credit

• The _____________________________________ Clause of the Constitution requires each State to honor and enforce the laws, official documents, and court rulings of other States.

– Documents issued in one State—such as birth certificates—must be ___________________ in all States.

Article V – Full Faith and Credit for Dummies

Section 1

1. What three legal items must each state recognize in all other states?

Section 2

2. What does section 2 say about discrimination?

3. What does extradited mean?

Section 4

4. Which branch of government regulates the admittance of new states?

Exceptions

• There are __________ key exceptions to the Full Faith and Credit Clause:

– It applies only to the _____________ laws of each State, not the criminal laws.

– If a person who does not live in a State is granted a divorce by that State, the State in which that person actually resides can refuse to recognize the divorce.

Marriage and Divorce

• Only the State in which a couple has established residency can grant them a divorce.

• In the past same-sex marriages were outlawed by the federal government and 41 States.

– However in 2015 the Supreme Court decision in Obergefell V Hodges argued that same-sex marriage was protected under the ______________________________

• Interracial marriage was illegal in many States until the Supreme Court ruled in 1958 that such laws were unconstitutional.

Extradition

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• The Constitution states that people charged with a crime in one State who flee to another State must be extradited—_______________________ to the State where they were originally charged.

– Typically a State governor asks another State governor to return any captured fugitives. Such requests are usually _______________.

– If extradition is challenged, the federal government can ___________ a governor to extradite a fugitive.

Privileges and Immunities

• No State can make ______________________ distinctions between its residents and residents of another State.

– Each State must recognize the right of any American to ___________ in or become a resident of that State.

– Citizens can also marry, buy, own, rent, or sell property, and use the courts in any State, no matter where they ____________.

• States can make ________________________ distinctions between their residents and those of other States.

– People can be required to live in a State for certain period of time before they can ______________, hold public office, or be licensed in certain professions.

– States can also charge higher ___________________ to out-of-State hunters, fishers, or students attending a State’s public universities.

Checkpoint: Why might a State be restricted from making distinctions between its residents and those of another State?

– This could lead to ________________ social or economic treatment of U.S. citizens, such as preferential hiring of in-State residents or lower welfare benefits for newly arrived residents.

– It could also cause _________________ between States.

Review - How do the states work together to preserve the union?

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