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