04/12/23 12.7 Students analyze and compare the powers and procedures of the national, state, tribal, and local governments.

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Federalism

Chapter 4 section 1 and 3

04/12/23 12.7 Students analyze and compare the powers and procedures of the national, state, tribal, and local governments.

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Topics

I. Federalism

II. The Expressed Powers

III. The Powers of the States

IV. Interstate relations.

04/12/23 12.7 Students analyze and compare the powers and procedures of the national, state, tribal, and local governments.

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I. Federalism

A. It was a compromise

B. Concurrent Powers

C. The Supremacy Clause

D. McCulloch vs Maryland

04/12/23 12.7 Students analyze and compare the powers and procedures of the national, state, tribal, and local governments.

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A. Federalism was a Compromise.

• Remember the conflict of states rights versus Central authority.

• The Compromise was system of government that power is shared by both the central government and state governments.

• But who will have which powers?

04/12/23 12.7 Students analyze and compare the powers and procedures of the national, state, tribal, and local governments.

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B. Concurrent Powers.

• Powers shared by both National and State level.– Tax – Borrow– Establish courts– Charter banks– Build roads– Enforce laws

04/12/23 12.7 Students analyze and compare the powers and procedures of the national, state, tribal, and local governments.

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C. The Supremacy Clause

• Federal authority and law is always superior to that of state.

04/12/23 12.7 Students analyze and compare the powers and procedures of the national, state, tribal, and local governments.

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D. McCulloch vs Maryland

• Involved Second Bank of the U.S.

• Maryland placed a tax on notes issued by Baltimore branch.– They hoped it would cripple the Bank.

• The Supreme Court said it violated the Supremacy Clause.

04/12/23 12.7 Students analyze and compare the powers and procedures of the national, state, tribal, and local governments.

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II. The Delegated Powers

A. Expressed Powers

B. Implied Powers

C. Inherent Powers

D. Powers denied to the Federal Government

04/12/23 12.7 Students analyze and compare the powers and procedures of the national, state, tribal, and local governments.

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A. Expressed Powers

• Are powers that are specifically delegated to the National Government.

• Sometimes referred to as enumerated powers.• There are 27 expressed powers

– To coin money.– To regulate trade– To maintain an army and a navy.

04/12/23 12.7 Students analyze and compare the powers and procedures of the national, state, tribal, and local governments.

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B. Implied Powers

• Are powers that are not expressly stated, but reasonably suggested.– The Elastic Clause: “all laws necessary and proper to

carry out the delegated powers”.

• What is “necessary and proper”?– A National Bank? Labor Laws? Power Plants?– National Health care????

04/12/23 12.7 Students analyze and compare the powers and procedures of the national, state, tribal, and local governments.

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C. Inherent Powers

• Belong to the National government because it is sovereign.

• These powers are few on number.– Regulate immigration, diplomatic recognition.– Sometimes inferred from other powers.

• These powers existed because that we as a state exist.

04/12/23 12.7 Students analyze and compare the powers and procedures of the national, state, tribal, and local governments.

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D. Powers denied to the Federal Government

• Powers expressly denied.– No levies on exports, prohibit freedom of

religion, speech and press.

• It only has delegated powers.– Powers that are not stated, it does not have.

• It does not have the power to destroy the system itself.

04/12/23 12.7 Students analyze and compare the powers and procedures of the national, state, tribal, and local governments.

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III. The Powers of the State

A. Reserved Powers

B. Powers denied to the State

04/12/23 12.7 Students analyze and compare the powers and procedures of the national, state, tribal, and local governments.

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A. Reserved Powers

• 10th Amendment forms basis for reserved powers.– Powers not given to the Federal government

and not denied to the states are reserved for the states and people.

– States provide for public health, education, welfare, safety, and morals.

– States supervise marriage, divorce, elections and civil law.

04/12/23 12.7 Students analyze and compare the powers and procedures of the national, state, tribal, and local governments.

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• Ninth: The Rights in the constitution are not the only rights the people have.

04/12/23 12.7 Students analyze and compare the powers and procedures of the national, state, tribal, and local governments.

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B. Powers denied to the State

• Cannot enter into treaties with foreign nations.

• Cannot declare war.

• Cannot print money.

04/12/23 12.7 Students analyze and compare the powers and procedures of the national, state, tribal, and local governments.

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IV. Interstate Relations

A. Interstate compacts

B. Full Faith and Credit

C. Extradition

D. Privileges and Immunities Clause

04/12/23 12.7 Students analyze and compare the powers and procedures of the national, state, tribal, and local governments.

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A. Interstate compacts

• States cannot enter into treaties or alliances.

• May enter into interstate compacts.

04/12/23 12.7 Students analyze and compare the powers and procedures of the national, state, tribal, and local governments.

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B. Full Faith and Credit

• Ensures that records, judicial proceedings and public acts will be recognized in all 50 states.– Courts cases– Marriage licenses– Birth certificates.

• Exception– Civil not criminal cases– Divorce

04/12/23 12.7 Students analyze and compare the powers and procedures of the national, state, tribal, and local governments.

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C. Extradition

• Legal process by which a fugitive from justice in one state is returned to that state.

04/12/23 12.7 Students analyze and compare the powers and procedures of the national, state, tribal, and local governments.

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D. Privileges and Immunities Clause

• States cannot draw unreasonable distinctions between residents and non residents.

• State must allow– Free travel and residency– Access to courts and contracts.– Property rights and legal documents.

04/12/23 12.7 Students analyze and compare the powers and procedures of the national, state, tribal, and local governments.

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• Federalism• Delegated powers• Expressed powers• Implied powers• Reserved powers• Inherent powers• Concurrent powers

• Interstate compact• Full faith and credit• Extradition• Privileges and

immunities clause•