MacGruder s American Government /Chapter 4
Experience with English gov led framers to fear centralized (unitary) systems Confederation system was ineffective Required Compromise between Unitary & Confederation Needed to strengthen the national government while maintaining state s rights Decided to divide power equally between the state & national governments (federal system)
Federalism: A system of gov where a written constitution divides power between a central & regional/state gov Requirements of Federalism Division of Power: Each level must have separate & distinct authority Each level must maintain own gov & agencies Neither level can act alone to change the structure/division
Powers given to the national gov by the Constitution call the Delegated Powers There are three types of Delegated Powers: 1. Expressed (Enumerated) Powers 2. Implied Powers 3. Inherent Powers
Expressed powers are the powers listed in the Constitution as belonging to the national government Also known as Enumerated, because they are numbered Primarily come from two areas: Article I/Section 8/Clauses 1-18 Legislative Powers Examples: to coin money, levy & collect taxes, to declare war, regulate foreign & interstate trade Article II/Section 2 Executive Powers Examples: act as commander & chief of the military, grant pardons & reprieves, make treaties, appoint federal officials
Implied Powers are defined as those powers not listed in the constitution but that are necessary to carrying out the expressed powers Come from Article I/Section 8/Clause 18 Known as the Elastic Clause or Necessary & Proper Clause Examples: Institute a draft Regulate the air industry Create a national interstate system Protect against discrimination
Delegated Powers Expressed Power Implied Power Create & Maintain the Armed Forces Institute the Draft Levy & Collect Taxes Create & Operate the Internal Revenue Service Regulate Interstate Trade Maintain Interstate Highways & Aviation Systems (Airports)
Defined as those powers that the national gov has because it is the sovereign gov w/in the global community May or may not be listed in the Constitution Examples: Regulate immigration Define citizenship Grant diplomatic recognition to new nations Protect nation from rebellion & invasion Acquisition of new territories Define admission of new states/territories
Three ways Powers are denied to the national government: 1. Expressly states that a power is denied: Levy or collect taxes on exports (goods exiting the country) Prohibit freedom of religion, speech, press, Conduct illegal searches & seizures Deny a person a fair trial 2. Constitution is silent on an issue Create a national public school system Enact uniform marriage/divorce laws Set up local governments 3. The power interferes with the rights of state gov. Tax state or local gov Interfere in intrastate trade (trade w/in a state)
Known as the Reserved Powers The Reserved Powers come from Amendment X of the Constitution Examples: Regulate public education Establish guidelines for local government Provide for the public s welfare Enact & enforce laws to ensure public safety (criminal law & police) Administer elections Powers Denied to the States: Cannot enter into a treaty or alliance with a foreign nation Cannot coin money Cannot declare war or maintain own military Cannot deny a person of life, liberty, property w/o due process Cannot interfere w/the carrying out of the national gov s duties
Exclusive Powers: Powers that the national government exercises alone Examples: Coin money Declare war Make treaties w/foreign nations Define citizenship Concurrent Powers: Powers that both the national & state gov can exercise Examples: Power to levy & collect taxes Enact laws & provide for the enforcement of those laws Establish a judiciary system for the punishment of crimes Spend for the public welfare
Delegated Powers Reserved Powers Those powers that are exercised by the national government. Types: Expressed Implied Inherent Concurrent Powers Those powers both the national gov. & the states can exercise Those powers given to the states by Amendment X, includes regulating elections, public schools, etc.
The Supremacy Clause (Article VI/Section 2) limits the authority of the states, by declaring the Constitution as the Supreme Law of the Land This means that the states cannot supercede the Federal Constitutional laws McCulloch v. Maryland set the precedent to protecting the supremacy of federal law Example: California legalized marijuana for medical purposes Marijuana was declared an illegal substance via federal law Although legal by California s standards, prescribing, distributing, or possessing marijuana for medicinal purposes is illegal.
Article IV (four) sets out guarantees the US government makes to the states The guarantees are: Republican form of government (representative form) Protection from invasion Assistance against domestic violence/unrest States mostly responsible for securing peace inside own boundaries If a state cannot manage to suppress a riot or other disturbance on its own, the governor of that state can request help from the national government Governor can also request aid in the event of a natural disaster Federal gov. cannot deploy the national guard into a state w/o that state s request Protection of territorial integrity National gov. recognizes each state s boundaries & territory Each state must have representation in both houses of Congress
Only Congress can admit new states Procedures for New State Admission: Territory requests Congress admit it as a state Congress passes an enabling act to direct the people of the state to begin drafting a state constitution. Statehood convention drafts a Constitution for the state & state vote held to approve it State submits their Constitution to Congress for approval Congress reviews state constitution & determines whether or not to admit the state Congress passes an Act of Admission to add state to the union President signs the Act of Admission Congress often adds certain conditions/requirements before they will add a new state Example: Alaska could not take away any property held by Native Americans Wyoming had to take away women s right to vote
State & Federal governments must often work together toward a common goal Federal Grants-in-Aid: Federal gov. grants money to states for special functions Examples: Funds to build & maintain public schools & universities Grants to build roads, airports, & shipping ports Grants to support childcare for children of poor families (Peach Care) Federal gov. may put restrictions on how states can spend these grants Estimated $275-300 billion a year Revenue Sharing: Policy in place from 1972-1987 Federal gov. shares the tax money it gains thru the Federal Income Tax Gave states an estimated $83 billion
Other Grants: Categorical grants: grants made for a very specific purpose Have many conditions and restrictions Examples: school lunch programs, construction of infrastructure (airports, roads, sewage, etc. Block Grants: grants given for general purposes such as healthcare & welfare, few restrictions Project Grants: grants states & state agencies apply for to address a specific purposes, AIDS research, Cancer research, etc. Other Types of Aid Assistance of local law enforcement FBI, DEA, & other agencies can help local law enforcement agencies upon request or with multi-jurisdictional cases Provide training to law enforcement National Guard can be deployed to help in natural disasters upon request of the states
States can create agreements/compacts with other states Often a result of overlapping responsibility with two or more states Examples: Georgia, Alabama, & Florida have a water usage compact regarding the Chattahoochee River Georgia, Florida, & Alabama agree to allow people in counties which join the state boundaries to attend universities without paying out of state tuition (example: Polk County resident can attend Alabama schools w/o out-of-state fees) Some compacts are signed by all 50 states Sharing of criminal/crime information Finger printing database DNA database
Full Faith & Credit is public acts, judicial proceedings & records must be recognized among all states Examples: Legal contracts issued by Georgia must be recognized in the rest of the US (marriage, divorce, child custody ) A guilty verdict in a criminal trial A civil suit settlement Exceptions: A state cannot charge its residents with a crime from another state, unless the crime occurred in the other state A divorce cannot be granted by non-residents of a state
Extradition An fugitive from the law captured in another state must be returned to the state to face consequences Governor of state where crime was committed can request that the governor of the state where the criminal is residing return the criminal If a governor refuses to return a fugitive, the federal gov will take custody of the person & return them to the original state Privileges & Immunities States must recognize the rights of residents of other states to travel in or move to a different state States must allow residents of any other states to use courts or conduct business A state cannot discriminate against residents of other states States CAN place certain regulations on non-residents Charge out of state tuition Require a person to live a set period of time in that state before giving them the right to vote in the state or a state license