Essential Questions

1. Essential Questions • What is the definition of Federalism? • What are expressed, implied and inherent powers? • What are reserved and denied powers? • What are exclusive and concurrent powers? • What is the Supreme Law of the land? • How was Supremacy challenged? • What are the three guarantees of the federal gov’t to the states

2. FEDERALISM Chapter 3 DE Government & Politics

3. Federalism Defintion The Framers believed that government power must be divided and limited so that it cannot threaten individual liberty. The Constitution divides power between the federal government and the States through federalism. Federalism creates two basic levels of government that overlap. Each level has some powers denied to the other level.

4. Federalism, cont. Federalism allows local governments to handle local concerns while the national government deals with national issues. This gives each of the States some flexibility when dealing with challenges. Successful State programs, such as welfare reform, can influence national policies as well as policies in other States. Federalism also lets the nation respond in a united way to serious crises like war or natural disasters.

5. Expressed Powers The congressional powers specified in the Constitution in Article I, (S8) include the power to coin money, raise armed forces, and levy taxes. Other expressed powers are granted to the President in Article II and the Supreme Court in Article III.

6. Implied Powers Checkpoint: Why is the Necessary and Proper Clause sometimes referred to as the Elastic Clause? The Necessary and Proper Clause gives Congress the power to make all laws “necessary and proper” for carrying out its expressed powers, so it is said to stretch to cover many situations. Congress exercises many implied powers that are based upon its expressed powers. These implied powers include building the interstate highway system and banning racial discrimination in public places. (Elastic clause)

7. Inherent Powers • Every national government has certain powers, called inherent powers. These inherent powers are not based on the Constitution. • Inherent powers include acquiring territory, defending the nation, regulating immigration, and conducting diplomacy.

8. Denied Powers The Constitution denies certain powers to the federal government. Some powers are specifically denied, such as the power to prohibit freedom of religion, speech, press, or assembly. Other powers, like creating a national school system, are denied because they cannot be based on expressed powers. Finally, the national government cannot have powers that would undermine the existence of the federal system.

9. State Reserved Powers The 10th Amendment reserves to the States all powers not given to the federal government or denied to the States. These powers include the police power, which lets a State protect and promote public health, morals, safety, and general welfare. State and local governments use the huge scope of the reserved powers to perform many of their daily actions.

10. State Reserved Powers, cont. • Issuing driver’s licenses is a power reserved to the States. • Most States require a written, on-road, and vision test. • The age at which teenagers can get a license and the rules new drivers must follow vary from State to State.

11. Powers Denied the States The Constitution specifically denies some powers to the States. Some of these powers are also denied to the federal government. Other powers denied to the States are exclusive to the federal government. For example, States cannot tax imports or coin money, but the federal government can. The States are denied some powers by the nature of the federal system. No State can tax the federal government or regulate interstate trade.

12. Exclusive v. Concurrent Powers Exclusive powers are only for Federal Government Concurrent powersare shared by the federal government and State governments. They allow the federal system to function. They include all powers not exclusive to the national government or denied to the States. Local governments use these powers only with the permission of their State.

13. Sharing Responsibility • Some powers are exercised by both levels of government, as you can see in the circle. • Why do both levels of government have the power to establish law enforcement agencies?

14. Supreme Law The Constitution is the supreme law of the land, standing above all treaties and acts of Congress. Below these federal laws come State laws. In a federal system, State and federal laws sometimes conflict. The Supreme Court settles conflicts between State and federal laws. The Court can rule a State or federal law to be unconstitutional.

15. Supreme Law, cont. In the 1819 case McCulloch v. Maryland, the Court ruled that when federal and State laws conflict, the federal law wins if it is constitutional. How does the disastrous result in this cartoon illustrate the Supremacy Clause?

16. Guarantees and Protections The Constitution guarantees each State a republican form of government. This guarantee is interpreted to mean that each State must have a representative government. The Federal government must protect the States from invasions and domestic violence. Federal force has rarely been used to restore order inside a State, though it happened in the 1960s during the civil rights movement.

17. 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.

19. Essential Questions • What is the definition of Federalism? • What are expressed, implied and inherent powers? • What are reserved and denied powers? • What are exclusive and concurrent powers? • What is the Supreme Law of the land? • How was Supremacy challenged? • What are the three guarantees of the federal gov’t to the states

20. Essential Questions • What is a Federal Grant • What are block, categorical and project grants? • What is the Full Faith & Credit clause? • What is extradition? • What is the Privileges & Immunities Clause?

21. Federal Grants Congress began granting federal lands and money to the States early in the nation’s history. Land grants were often used to establish schools, colleges, and roads, while cash grants were less common until the 1930s. Today there are more than 500 grant programs offering about $300 billion. States often depend on this money to fund services, which increases the influence of the federal government in many policy areas.

22. 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 grantsfund various State and local projects.

23. Other Types of Aid Federal organizations help many State institutions do their jobs. The FBI assists State and local police. The U.S. military trains and equips State National Guard Units. The federal government also pays local governments the equivalent of property taxes on federal land. State governments assist the national government in many ways. State and local governments pay for and organize the election process.

24. Full Faith and Credit The Full Faith and Credit Clauseof the Constitution requires each State to honor and enforce the laws, official documents, and court rulings of other States. Documents issued in one State—such as birth certificates—must be accepted in all States.

25. 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.

26. Marriage and Divorce Only the State in which a couple has established residency can grant them a divorce. Same-sex marriages are outlawed by the federal government and 41 States. However, several States allow legal same-sex marriages or 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. Overturned in 2013 Same sex marriage is legal in all 50 states, DC, and the Federal government

27. Marriage and Divorce DOMA was determined to be unconstitutional based on Virginia v. Loving and Due Process Clause of 14th Amendment Interracial marriage was illegal in many States until the Supreme Court ruled in 1958 that such laws were unconstitutional. Virginia v. Loving case

28. 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.

29. 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.

30. Privileges and Immunities, cont. States can make reasonabledistinctions 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.

32. Essential Questions • What is a Federal Grant • What are block, categorical and project grants? • What is the Full Faith & Credit clause? • What is extradition? • What is the Privileges & Immunities Clause?