Government Powers(Division of Powers)

National Government

StateGovernment

Powers Granted

Powers Denied

Delegated Powers

Reserved Powers

Concurrent Powers

Expressed

Implied

Inherent

10th Amendment

Denied:

1. Expressly

2. Silence of the Constitution

3. Federalism

Denied :

1. Expressly

2. Federalism

3. State Constitution

s

1.14th Amendment

2.Amendments-slavery, voting rights, etc)

Exclusiv

e Article IV

Art I, II & III

3. Art IV

ARTICLE IV

A. National – State

B. INTERSTATERELATIONS

1.Guarantee a Republican form of government.

2. Protection against Foreign Invasion & Domestic Violence.

3. Respect for Territorial Integrity

1. Interstate Compacts

2. Full, Faith & Credit

3. Extradition4. Privileges &

Immunities

Yes? No?

2. If Russia attacked Alaska, the U.S. Armed Forces would respond to defend Alaska.

3. If a riot breaks out in Los Angeles over a trial that is being held at the Federal Court Building, can President Obama order Federal Troops into the area even if Gov. Brown objects?

Sec 2: Obligations of the National Government#1 Guarantee each State a

Republican form of government.Definition: Representative Government

The Supreme Courts position is= ? Is political not legal, so courts won’t

decide.How was this provision applied in the

years immediately following the civil war?= Southern states had to ratify 13th, 14th & 15th Am to be re-admitted.

#2 Invasion and Internal DisorderProtection against foreign invasion & domestic violence Concern in the late 1780’s was…Attack on 1 would NOT be

considered an attack on all!

The primary responsibility for curbing insurrection or other internal disorder within a state rests with ….the individual state.

When can the President use Federal force to restore order? 1. At the request of the state governor.….but does not have to wait for the state’s request if…. 2. it involves Federal property 3. it involves enforcing a Federal Law 4. it involves interference with a Federal function

#3 Respect for Territorial IntegrityDefinition: Respect legal existence & physical

boundariesTwo provisions in the Constitution that impose

this obligation are: 1.Representation in both Houses of Congress. 2.Equal representation in the Senate (Art

V***)***only idea in Const. that cannot be changed!

When admitting a new state, Congress cannot create a new state by ….taking territory from an existing state w/o the consent of state legislature.

Section 3: Interstate Relations

#1- Interstate Compacts

Definition: Agreement between states or with a foreign government

-No treaties or alliances only agreements.

Examples: Water rights, water ways, research, etc

#2 Full, Faith & CreditDefinition=recognize, accept and uphold …. 3 areas covered are: public acts, records & court

proceedings.2 exceptions are: criminal matters & divorce (Divorce guided by residency requirement)Current Issue: Same-sex MarriageThe question is: Does FFC require the 2nd state to

recognize the validity of same-sex marriage?What is D.O.M.A.? What are the 2 provisions of

D.O.M.A.? Defense of Marriage Act= 1)Only marriages of a man & woman are legal. 2) No state can be required to give FFC to same-sex marriages performed in another state.

Interstate Relations

#3 ExtraditionDefinition: legal process of returning a fugitive to a state.Purpose: prevent escape from justice by fleeing a state.*Cooperation between Governors is usually routine.What are the 2 exceptions? 1.racial or political overtones 2.child custody / parental kidnappingWhat was decided in:Kentucky v. Dennison 1861: Federal govt May order

compliancePuerto Rico v. Branstad 1987: Federal govt can order

compliance

Interstate Relations#4 Privileges and immunitiesDefinition: No unreasonable distinction between

residents and non- residents of the state.Examples of protection included: travel, use of courts,

property, marriage, becoming a resident.Examples of unreasonable distinction are: 1. Hicklin v. Orbeck 1978-employment preference 2. Saenz v. Roe 1999 –different welfare rates Examples of reasonable distinctions involve – 1. Residency= ex: require residency time period

before voting, or granting a license to practice law, medicine, dentistry, etc.

2. Payment of State Income Tax= ex: Fishing licenses, hunting licenses higher tuition at state universities for non- residents.

Issue: Medical Marijuana Question: INTRA – state V. INTER-state commerce commerce STATE POWER FEDERAL POWER

Federalism: Current IssuesSame Sex Marriage & Full, Faith &

Credit.

1. PBS Newshour Extra - Article & Questions.2. Newhour Extra Video:

- Do you think the Supreme Court will decide that Same-sex marriage is legal or illegal? Why?

- Why is this issue before the Supreme Court?