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National and State Powers

National and State Powers. Chapter 4, Section 1 & 2. A More Perfect Union – Const. USA.

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National and State Powers

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  1. National and State Powers Chapter 4, Section 1 & 2

  2. A More Perfect Union – Const. USA • 1. One of the reasons we have a federal system (federalism) and not a unitary system is to try to prevent our government from abusing its powers. Discuss how federalism is supposed to help prevent the government from abusing its powers. Provide an example. • 2. Because of federalism we not only have a national government, we also have state governments. Why is it easier for us to monitor our state government compared to the national government? Provide an example.

  3. Federalism • Objective: Summarize the limits the United States Constitution places on the powers of the states and on the powers of the national government over state governments.

  4. Division of Powers • Authority is divided by: • Giving national gov’t specific powers • Reserving other powers to states/people • Based on federalism

  5. National Powers • Collectively called delegated powers • Powers Constitution grants to national gov’t • Includes expressed, implied, and inherent powers

  6. National Powers – Expressed Powers • Those directly stated in the Constitution • According to Article I Section 8, what are two examples of expressed powers? • How many expressed powers are in Article I Section 8? Number each clause.

  7. National Powers – Implied Powers • Powers required to carry out expressed powers • Congress has the expressed power to collect taxes. The main tax is income tax. How does Congress ensure that the federal govt. gets our tax money? • What law could Congress pass that would be necessary and proper to carry out the power to collect taxes? Hint: April 15th • Congress only has power if the Constitution delegates power to it. However, what does Article I Section 8 clause 18 imply?

  8. National Powers – Inherent Powers • Inherent powers • Powers gov’t can exercise simply because it is a gov’t • Example: control immigration, acquire territory

  9. State Powers “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” -Amendment X • Reserved powers • Powers strictly belonging to states • Based on Tenth Amendment • Example: regulating public school systems

  10. Supremacy Clause • Article VI, Section 2 of Constitution • Makes the Constitution, national laws, and treaties supreme

  11. Concurrent Powers • Powers both national gov’t and states have • Example: power to tax, enact laws, courts

  12. Denied Powers • Limits on the powers of both national and state govt’s • Example: national gov’t can’t establish marriage and divorce laws, state govt’s can’t make treaties with foreign govt’s

  13. Handout B • 1) How do we know what powers Congress has? • 2) How do we know what powers the states have? • 3) Why did the Framers do it differently for the federal government compared to the states?

  14. Guarantees to States • Republican form of govt. • Protection from invasion • Territorial Integrity

  15. Admission Procedure Checkpoint: What must a territory do once an enabling act is passed by Congress? An area desiring Statehood first asks Congress for admission. If Congress agrees, it passes an enabling act. The territory must then hold a convention to write a proposed constitution. This constitution must then be approved first by territorial voters and later by Congress.

  16. Admission Procedure, cont. If Congress approves the State constitution, it passes an act of admission, which the President must then sign to admit the new State. Congress may require a State to meet certain conditions before being admitted. For example, Utah was not admitted until it outlawed polygamy. These conditions cannot interfere with a State’s independent right to manage its own internal affairs.

  17. 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.

  18. 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 grants fund various State and local projects.

  19. Types of Federal Grants, cont.

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