chapter 4: federalism section 1 - us history semester 1...

Chapter 4: Federalism

Section 1

Copyright © Pearson Education, Inc. Slide 2Chapter 4, Section 1

DELEGATED POWERS:

POWERS GRANTED TO THE NATIONAL

GOVERNMENT BY THE CONSTITUTION.


Expressed Powers

• powers specified in the

Article I

– power to coin money, raise

armed forces, and levy

taxes.

• granted to the President

in Article II

• Supreme Court in Article

III.


Implied Powers

– The Necessary and Proper Clause gives Congress the power to make all laws “necessary and proper”

– implied powers that are based upon its expressed powers.

• building the interstate highway system

• banning racial discrimination in public places.


Inherent Powers

• inherent powers not based on the Constitution.

• acquiring territory

• defending the nation

• regulating immigration


Denied Powers

• The Constitution denies certain powers to the federal government.

– power to prohibit freedom of religion, speech, press, or assembly.

– national school system

– national government cannot have powers that would undermine the existence of the federal system.


State Reserved Powers

• The 10th Amendment reserves to the States all

powers not given to the federal government or

denied to the States.

– police power, which lets a State protect and promote

public health, morals, safety, and general welfare.


Powers Denied the States

• The Constitution specifically denies some powers to the States.

– States cannot tax imports or coin money

• The States are denied some powers-No State can

tax the federal government or regulate interstate trade.


Concurrent Powers

• Concurrent powers are shared by the federal

government and State governments.

– Local governments use these powers only with the

permission of their State.


Supreme Law

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

• State and federal laws sometimes conflict.

• The Supreme Court settles conflicts


Section 2


Guarantees and Protections

• The Constitution guarantees each State a

republican form of government.

• The Federal government must protect the

States from invasions and domestic violence.


Other Protections

• Presidents normally send in troops by State

request, but if national laws, functions, or

property are endangered, they do not need to

wait for a request.

• The national government must recognize the

legal existence and physical borders of each

State.

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

Congress.


Admitting New States

• The Northwest Ordinance of 1787 set the rules

for admitting new States.

– could become equal members of the nation once they

had a high enough population.

• Only Congress can admit new States.


Territorial Expansion of the U.S.


Admission Procedure

– An area desiring Statehood first asks Congress for

admission.

– If Congress agrees, it passes an enabling act.

– The territory must then hold a convention to write a

proposed constitution.

– This constitution must then be approved first by

territorial voters and later by Congress.


Admission Procedure, cont.

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

• Congress may require a State to meet certain conditions before being admitted.– For example, Utah was not admitted until it outlawed

polygamy.


Types of Federal Grants

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

– Categorical 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.

– Block grants have broader goals and fewer strings attached.

– Project grants fund various State and local projects.


Types of Federal Grants, cont.


Section 3


Interstate Compacts

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


Interstate Compacts, cont.

• States also cooperate

to manage shared

resources and border

areas.


Full Faith and Credit

• The Full Faith and

Credit Clause of the

Constitution requires

each State to honor

and enforce the laws,

official documents, and

court rulings of other

States.


Exceptions

• There are two key exceptions to the Full Faith

and Credit Clause:

– It applies only to the civil 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.

• Same-sex marriages are legal in 17 out of 50 states.

– However, several States allow civil unions.

– The Defense of Marriage Act (DOMA) says that no State can be forced to recognize a same-sex marriage performed in another State. Has been challenged in court.


Marriage and Divorce

• The constitutionality of DOMA has not yet been decided.

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


Extradition

• The Constitution states that people charged with a crime in one State who flee to another State must be extradited—returned 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 upheld.

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


Privileges and Immunities

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

– Each State must recognize the right of any American to travel 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 live.


Privileges and Immunities, cont.

• States can make reasonable 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 vote, hold public office,

or be licensed in certain professions.

– States can also charge higher fees to out-of-State

hunters, fishers, or students attending a State’s public

universities.


Privileges and Immunities, cont.

– This could lead to unfair 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 conflict between States.

chapter 4: federalism section 1 - us history semester 1...

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