Chapter 4: Federalism Section 1
DELEGATED POWERS: POWERS GRANTED TO THE NATIONAL GOVERNMENT BY THE CONSTITUTION. Copyright Pearson Education, Inc. Slide 2
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. Copyright Pearson Education, Inc. Slide 3
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. Copyright Pearson Education, Inc. Slide 4
Inherent Powers inherent powers not based on the Constitution. acquiring territory defending the nation regulating immigration Copyright Pearson Education, Inc. Slide 5
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. Copyright Pearson Education, Inc. Slide 6
State Reserved Powers The 10 th 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. Copyright Pearson Education, Inc. Slide 7
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. Copyright Pearson Education, Inc. Slide 8
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. Copyright Pearson Education, Inc. Slide 9
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 Copyright Pearson Education, Inc. Slide 10
Chapter 4: Federalism 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. Copyright Pearson Education, Inc. Slide 12
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. Copyright Pearson Education, Inc. Slide 13
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. Copyright Pearson Education, Inc. Slide 14
Territorial Expansion of the U.S. Copyright Pearson Education, Inc. Slide 15
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. Copyright Pearson Education, Inc. Slide 16
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. Copyright Pearson Education, Inc. Slide 17
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. Copyright Pearson Education, Inc. Slide 18
Types of Federal Grants, cont. Copyright Pearson Education, Inc. Slide 19
Chapter 4: Federalism Section 3
Interstate Compacts States can enter agreements with other States and with foreign governments with the consent of Congress. Copyright Pearson Education, Inc. Slide 21
Interstate Compacts, cont. States also cooperate to manage shared resources and border areas. Copyright Pearson Education, Inc. Slide 22
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. Copyright Pearson Education, Inc. Slide 23
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. Copyright Pearson Education, Inc. Slide 24
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. Copyright Pearson Education, Inc. Slide 25
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. Copyright Pearson Education, Inc. Slide 26
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. Copyright Pearson Education, Inc. Slide 27
Privileges and Immunities No State can make unreasonable distinctions 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. Copyright Pearson Education, Inc. Slide 28
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. Copyright Pearson Education, Inc. Slide 29
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. Copyright Pearson Education, Inc. Slide 30