Division of powers between national government and state governments
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1 3A Reading
2 Division of powers between national government and state governments 10 th amendment: rights and powers are reserved to the states by the 10 th amendment Necessary and Proper Clause: Federal Government has ultimate authority to make laws under the justification of keeping the country together Complex system
3 Unitary System: central government controls all government (Britain, Egypt, Israel, Japan)* most popular Lower government can be overruled by Central Confederal System: league of independent states (Like Articles of Confederation) Federal System: division of powers between national and state governments
4
5 Compromise with Federalist/Anti Federalists Retained local power with having a strong national government Slow travel and communication made for ideal control locally
6 Federalism allows many functions to be farmed out by central government to the states or provinces Even with modern transportation and communication systems, the large area or population of some nations make it impractical to locate all political authority in one place Brings government closer to the people
7 Training ground for future national leaders (state governors) Testing grounds for new government initiatives Development of distinct political subcultures Reflect different needs and desires for government, which vary from region to region
8 Powerful state and local interests to block progress and impede national plans (James Madison argued this would happen in Federalist 10 and that we needed a strong federal government to put down powerful factions in local communities) Americans suffer as a result of the inequalities across the states Spending in education, crime, safety in buildings Involves national standards; implemented differently Poorer areas argue for more federal intervention to help them!
9 Not found in U.S. Constitution Set out powers of national government, powers of states, and prohibited powers National Government: Delegated Powers State Government: Reserved Powers Concurrent Powers: Both Denied Powers: Prohibited
10 Expressed, Implied, Inherent (Together known as the Enumerated Powers) Expressed Powers listed below: Most found in enumerated powers of Article I, Section 8: coining money, standards for weights and measures, naturalization laws, admitting new states, post offices, declaring war, etc
11 Why?? Necessary and Proper Clause/Elastic Clause Allows constitution to stretch the constitution to meet the times today Power to raise an army and navy Implied: power to draft
12 Come from the fact that the U.S. is a sovereign nation, so national government must be the only that deal with other nations Inherent right to ensure their own survival (international law) Immigration, making treaties, acquiring territory (Louisiana Purchase)
13 10 th amendment Powers that cannot be denied by the national government Health, safety, morals, welfare Motor cycle helmets Death penalty, administer elections, gay marriage (used to be this morals / welfare), establish local governments, fireworks, drug enforcement laws, drinking age!!!!! (federal gov forced states to decide to raise it) Ambiguity of the 10 th amendment allows for reserved powers to be defined differently at different times in our countries history.
14 27WU Which one wants to build the federal government? Which one wants to give more power to the states?
15 National Federation of Independent Business v. Sebelius Court Ruled in a 5-4 Decision that Obamacare was constitutional under Congress s Commerce Clause (Ability to Tax) and because of the Necessary and Proper Clause Chief Justice John Roberts was the deciding vote and was largely criticized for his decision
16 Held by both state and national governments TAX (first income tax after the civil war to pay for huge debt) COURT SYSTEMS BORROW MONEY
17 National Government CAN NOT... Impose taxes on goods sold to other countries (exports) Power s not stated in Constitution are left to states... But the Necessary and proper clause... States CAN NOT Enter into a treaty with another country
18 Checks and Balances Vertical Checks : between national and state governments Horizontal; branches on same level check each other (normal checks and balances) Reserved powers states check on national government Can t change an amendment with out states consent Programs and policies and administered by the state National government: checks state policies/commerce clause In other words allows the state government to check the national government as a whole or vice versa.
19
20 Relationships among the states Insure cooperation among the states
21 Each state must recognize the laws and legal proceedings of other states Example: Car registration/ Drivers Licence
22 Applies only to civil law: laws relating to disputes between individuals, groups, or with the state One state cannot enforce another state s criminal laws Without this, each state could treat all other states like foreign countries
23 Public acts-civil laws passed by legislature Records-documents such as mortgages, licenses, car registration, and birth certificates Judicial proceedingsvarious court actions such as judgments to pay a debt
24 the Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in several States When citizens travel between states they are not discriminated against
25 Include the rights to pass through or live in any state; use the courts; make contracts; buy, sell, and hold property, and marry
26 States may make some reasonable discriminations against non-residents Must live in a state for a specific amount of time to become a voter Establish residency to practice (law, doctor,etc.)
27 Do not have the same right to attend publicly supported institutions such as schools or to use state hospitals May required to pay higher fees for fishing or hunting licenses State colleges and universities charge higher tuition to out of state students
28 Means to prevent criminals from escaping justice simply by going to another state The governor has to return the fugitive to the state in which he fled; can refuse in some cases
29 States have to settle their differences without the use of force Agreements between states Congress must approve; prevents states from creating alliances and threatening the Union
30 Boundary disputes Air and water pollution Conservation of natural resources Transport and disposal of waste
31 Problems within the state are handled by the State Gov. Not the Federal Gov
32 Was the Chief Justice of the Supreme Court from Two very Important Supreme Court Decisions relating to National Gov Power v. State Power. Modern day Democrat or Modern day Republican?
33
34 Constitutions says nothing about establishing a bank; Congress charted a bank State of Maryland imposed a tax on 2 nd banks Baltimore branch Cashier-McCulloch refused to pay tax State court Maryland won, appealed to Supreme Court
35 Could the national government under the necessary and proper clause charter a bank? If adding a back aided the Nat'l gov t in exercising other delegated powers, it could be implied If the bank was constitutional, could the state tax it? No state could tax national government
36 Expanded necessary and proper clause More implied powers Today, practically every expressed power has been expanded by the use of the necessary and proper clause
37 Look up the Commerce Clause and define what that clause means in your own words Video How does this case differ from McCulloch v. Maryland?
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