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c. Powers denied to Nat’l Gov’t. Source: Art 1 Sec 9 Cl 1-8

c. Powers denied to Nat’l Gov’t. Source: Art 1 Sec 9 Cl 1-8 1. Can’t destroy state/change boundaries 2. Can’t violate Const./Bill of Rights 3. Can’t interfere w/ reserved powers 4. Can’t forbid slave importation (1808) 5. Can’t suspend Habeas Corpus (emergencies) 6. No Bills of Attainder.

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c. Powers denied to Nat’l Gov’t. Source: Art 1 Sec 9 Cl 1-8

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  1. c. Powers denied to Nat’l Gov’t. • Source: Art 1 Sec 9 Cl 1-8 • 1. Can’t destroy state/change boundaries • 2. Can’t violate Const./Bill of Rights • 3. Can’t interfere w/ reserved powers • 4. Can’t forbid slave importation (1808) • 5. Can’t suspend Habeas Corpus (emergencies) • 6. No Bills of Attainder

  2. 7. No Ex Post Facto Laws • 8. No laws favoring 1 state’s ports over another. • 9. Can’t tax exports • 10. Can’t spend $ unless authorized • 11. No titles of nobility • 12. Nat’l officials can’t accept foreign officials gifts.

  3. d. Reserved Powers: Reserved to states • Source:10thAmd, no complete list. • 1. Public Health • 2. “ Safety • 3. “ Welfare • 4. “ Morals • 5. “ Convenience • 6. “ Education • 7. Establish Local Gov’ts. • 8. Other: 8)Ratify Amd, 9)Voter qualifications, 10)Conduct elections.

  4. e. Powers denied to states (A1S10CL1-3) • 1. No treaties, alliances, confederations. • 2. No coin $ • 3. No use of anything but gold/silver for $ • 4. No bills of attainder • 5. No ex post facto laws • 6. No laws impairing obligation of contracts • 7. No titles of nobility • 8. No import/export taxes • 9. No permanent troops in peacetime • 10. Can’t declare war • 11. No compacts w/ other states • 12. Can’t violate const. or amendments.

  5. f. Concurrent Powers: Shared by both. • 1. Tax • 2. Borrow $ • 3. Establish Cts. • 4. Enforce/make laws • 5. Apprehend/punish lawbreakers. • 6. Charter banks/corporations • 7. Eminent Domain • 8. Agriculture, conservation policies • 9. Welfare Programs • 10. Establish Roads

  6. g. Inherent Powers: All Gov’ts must have (make laws, diplomacy, Immigration) • h. Conflicts inevitable. Supremacy Clauses address, S.C. is the final umpire.

  7. 1. Const. obliges Nat’l Gov’t to do certain things for states. • a. Guarantee republican gov’t. • b. Protection against foreign attack. • c. Protection against domestic violence. • d. Protect/Respect Legal existence/boundaries of each state. • e. Equal Rep in senate. • 2. States perform functions for Nat’l Gov’t. • a. State Militia: Can be called into service. • b. Run elections for Nat’l gov’t. • c. New congressional boundaries after census. • d. Ratify amendments.

  8. Sec.2:Changing Currents of Federalism • 3. Relationship constantly changes. • a. States’ Rights: States created the Nat’l gov’t so states can nullify their acts if disagreed. • a.Ex: Kentucky and VA Resolutions, Hartford Convention, Tariff of Abominations, Civil War • b. Nationalism: People, not states, created nat’lgov’t, so not subordinate to states. Nat’l gov’t reps all people so should take the lead on solving problems.

  9. c. Dual Federalism (Layer Cake): Clear division of power, they are co-equals, own influences. • d. Cooperative Federalism (Marble Cake): Activities are intermixed, whoever is best able to address problem should, or both.

  10. B. Huge increases in Nat’l gov’t powers. • 1. Commerce Clause (A1S8CL3) • a.Gibbons v. Ogden 1824: S.C. has supported Cong. In efforts to regulate businesses and protect civil liberties in marketplace. • 2. Extending Civil Liberties: Bill of Rights didn’t originally apply to states, 14th Amd. Gets Nat’l gov’t involved. • 3. War Powers: Eyes turn to Nat’l gov’t in times of war.

  11. 4. Economic influence: Forces states to do its will using $. • a. Grants-in-aid: $ given to state/local gov’t for a particular project (matching basis) • b. Categorical Grant: Given for specific purpose with strings attached. • c. Block Grants: $ given for general purpose. • d. Threats of withholding funds. • e. Revenue Sharing: Part of taxes goes back to states. • 5. Sometimes called mandates • a.Legal sticks: leg.(elastic cl.), jud. Interp. (Comm Cl) • b. Financial Carrots: gov’t funds to bribe states.

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