CH 4 FEDERAL SYSTEMCH 4 FEDERAL SYSTEM

FEDERALISMFEDERALISM (or the FEDERAL SYSTEM -FEDERAL SYSTEM -The sharing of power between the states and national government

I. National Powers I. National Powers The federal government acts for the

nation as a wholeI. National Powers- I. National Powers-

constitution grants 3 types of constitution grants 3 types of powers- these 3 together are powers- these 3 together are known as known as delegated powersdelegated powers

A. A. Expressed powers-Expressed powers- those those directly stated in constitution directly stated in constitution

Example- collect taxes, Example- collect taxes, declare war, raise an armydeclare war, raise an army

B. B. Implied powers-Implied powers- powers needed to carry powers needed to carry

out the expressed powerout the expressed powerEx. Power to draft people Ex. Power to draft people

for the armed forces is for the armed forces is implied since government implied since government has power to raise an has power to raise an army army

1. basis for 1. basis for implied power implied power isis necessary necessary and proper and proper clause-clause- also also known asknown as elastic clauseelastic clause allows powers allows powers of congress to of congress to stretchstretch

C. C. inherent powers-inherent powers- powers powers government has just government has just because it’s a governmentbecause it’s a government

Example- government must Example- government must control immigration and control immigration and establish relations with establish relations with other nationsother nations

II. State powers- II. State powers- power over local matters

AA. Reserved powers-. Reserved powers- powers not powers not given to national government is given to national government is given to the statesgiven to the states

EX. Protect publics health- like EX. Protect publics health- like police, fire departments, marriage police, fire departments, marriage ageage

Of course, disagreements between the states and the federal government were inevitable

To ensure that disagreements were resolved with greater ease, it was decided that the Constitution would serves as the “supreme law of the land”.

In other words… the Constitution was the final word!

B. B. Supremacy clause-Supremacy clause- constitution and laws constitution and laws passed by congress are passed by congress are supreme over state lawssupreme over state laws. .

EX. Could Texas pass a state religion EX. Could Texas pass a state religion law?law?

C. C. concurrent powers-concurrent powers- powers powers that both state and national that both state and national governments share. governments share.

Ex. Both tax. Make laws against Ex. Both tax. Make laws against crimescrimes

Federal Powers

State Powers

Shared Powers

Some Examples- Coin Money - Declare War- Regulate Trade (b/twn states and states and foreign nations) - Make Treaties- Regulate trade within borders- Decide who can vote in state elections- Control Education- All powers not delegated to federal government

- Raise taxes- Build roads- Decide penalties for crimes

D. D. Denied powers-Denied powers- both both national and state national and state governments CAN NOT do governments CAN NOT do certain thingscertain things

Ex. National government Ex. National government can’t tax exportscan’t tax exports

State governments can’t State governments can’t make money/declare war make money/declare war

IV. Admission of new states-IV. Admission of new states-

11stst step- congress passes step- congress passes enabling act-enabling act- people of a people of a territory prepare a constitution- territory prepare a constitution-

22ndnd step- people vote on step- people vote on constitutionconstitution

33rdrd- step- congress approves - step- congress approves new statenew state

CH 4 - Section 2- CH 4 - Section 2- I. Relations between states-I. Relations between states-

A. ARTICLE IV OF the A. ARTICLE IV OF the Constitution requires states do Constitution requires states do these-these-

1. full faith and Credit-1. full faith and Credit- states states must recognize laws of other must recognize laws of other states-states-Example- Marriage license, child Example- Marriage license, child supportsupport

1a.- only applies to1a.- only applies to civil civil laws-”public acts”- laws laws-”public acts”- laws passed by state passed by state legislatures----legislatures----relating relating to disputes between to disputes between people, groupspeople, groups

1b. 1b. Judicial proceedingsJudicial proceedings refers to court actions like refers to court actions like judgment to pay a debtjudgment to pay a debt

B. B. Privileges and Privileges and Immunities-Immunities- people have people have same rights in every state.same rights in every state.

Example- buy/sell a houseExample- buy/sell a house, ,

OKLAHOMA TEXASOKLAHOMA TEXAS

ARE THERE TIMES WHEN YOUR ARE THERE TIMES WHEN YOUR NOT TREATED EQUALLY?NOT TREATED EQUALLY?

COLLEGE TUITIONCOLLEGE TUITIONDO YOU PAY SAME TUITION IF YOU DO YOU PAY SAME TUITION IF YOU

GO TO A COLLEGE OUT OF STATE?GO TO A COLLEGE OUT OF STATE?

C. C. ExtraditionExtradition- - sending a escaping criminal sending a escaping criminal

back to state where the crime back to state where the crime was committedwas committed

TEXASTEXASOKLAHOMAOKLAHOMA

D. D. Interstate Compacts-Interstate Compacts- agreements between agreements between states or other nations- states or other nations-

Example- water rights Example- water rights between Texas and Mexicobetween Texas and Mexico

Chapter 4 Chapter 4

FEDERALISMFEDERALISM

Developing FederalismDeveloping Federalism

SHOULD THE NATIONAL SHOULD THE NATIONAL GOVERNMENT TELL STATES, LIKE GOVERNMENT TELL STATES, LIKE TEXAS, WHAT LAWS TO HAVE, OR.. TEXAS, WHAT LAWS TO HAVE, OR.. SHOULD TEXAS DECIDE WHICH LAWS SHOULD TEXAS DECIDE WHICH LAWS ARE BEST FOR THE STATE? ARE BEST FOR THE STATE?

A. States rights position- A. States rights position- believed states reflect ideas believed states reflect ideas of its people. Therefore states of its people. Therefore states should have more power to should have more power to make laws.make laws.

Chief Justice Roger Taney- Chief Justice Roger Taney- supreme court- (1864) supreme court- (1864) favored local action over favored local action over national governmentnational government..

Ex. Government Ex. Government shouldn’t tell states shouldn’t tell states about child labor laws, about child labor laws, driving agedriving age

B. Nationalist Position- B. Nationalist Position- national government national government should be strong to should be strong to protect all people-protect all people-

What was the great What was the great depression?depression?

Did states, like Texas, have Did states, like Texas, have the money to put people to the money to put people to workwork

Ex. Ex. Franklin Roosevelt- Franklin Roosevelt- developed Social security, developed Social security, work programs to help work programs to help everyoneeveryone

II. Growth of National II. Growth of National Government- Government- how government how government

got more power to control got more power to control states-states-A. war powers- powers to A. war powers- powers to

declare war turned into power to declare war turned into power to control economy and educationcontrol economy and education..

Just because Congress has power Just because Congress has power to maintain an army, how does to maintain an army, how does that give them the power control that give them the power control educationeducation? ?

Commerce- is Production, Buying, Commerce- is Production, Buying, selling, and transporting goodsselling, and transporting goods

National government controls National government controls commerce.commerce.

Are people commerceAre people commerce??

B. With B. With Commerce Power Commerce Power - gave Congress power to - gave Congress power to pass civil rights Act of pass civil rights Act of 1964-1964-

Ended discrimination in restaurants, Ended discrimination in restaurants, hotels, etchotels, etc

C. C. Taxing Power- 16Taxing Power- 16thth amendment gave Congress amendment gave Congress the power to tax incomethe power to tax income

Power to tax- national government gives Power to tax- national government gives states money. So, they can make states states money. So, they can make states pass certain laws-pass certain laws- like drinking age or NO MONEY like drinking age or NO MONEY

II. Federal Aid-II. Federal Aid-

A. President Nixon (1969) A. President Nixon (1969) called for “new federalism”- called for “new federalism”- giving more authority back to giving more authority back to the statesthe states

B. President Ronald Reagan- B. President Ronald Reagan- gave federal programs like gave federal programs like education and welfare back to education and welfare back to state controlstate control

Sec 4= Federalism and Sec 4= Federalism and PoliticsPolitics

Policy- School board policy not to park in Policy- School board policy not to park in teacher parking places- teacher parking places-

Chosen way to handle situationsChosen way to handle situations

A. New Ideas- A. New Ideas- sunset sunset laws-laws- require checks on require checks on government agencies to government agencies to see if they are still see if they are still neededneeded..

Sunshine laws-Sunshine laws- cant cant hold hold meetings in privatemeetings in private

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