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Ch. 4 - Federalism

Ch. 4 - Federalism. Chapter 4 . Federalism -- is a system of government in which a written constitution divides the powers of government on a territorial basis between a central, or national, government and several regional governments, usually called states or provinces.

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Ch. 4 - Federalism

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  1. Ch. 4 - Federalism

  2. Chapter 4 • Federalism-- is a system of government in which a written constitution divides the powers of government on a territorial basis between a central, or national, government and several regional governments, usually called states or provinces. • The Constitution provides for a division of powers, assigning certain powers to the National Government and certain powers to the States.

  3. Chapter 4 Sec. I Types of Powers • The National Government- delegated powers- having those powers delegated (granted) to it in the Constitution. • 3 Types---- • Expressed powers (Enumerated) (Articles I-III) • Implied powers (Necessary & Proper Clause is the basis for this) • Inherent powers (Ex. Controlling immigration)

  4. Reserved Powers The reserved powers are those powers that are given to stategovernments exclusively. States are given these powers in the 10th Amendment Amendment X 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. Some reserved powers include education, marriage, and driving laws Chapter 4 Sec. 1

  5. Concurrent Powers The concurrent powers are those powers that both the National Government and the States possess and exercise. Supremacy Clause- National Law is supreme over state law. (McCulloch v. Maryland) Chapter 4 Sec. 1

  6. 3 Guarantees to the State Governments by National Republican Form of Gov’t Protection Territorial Integrity Chapter 4 Sec. 2

  7. Ch. 4 Sec. 2Admitting New States 1. Enabling Act- write constitution 2. Congress act of admission • President signs **There are at times provisions

  8. Full Faith and Credit Clause— ensures that States recognize the laws and, documents, and court proceedings of the other States. There are two exceptions to the clause though: (1) One State cannot enforce another State’s criminal laws. (2) Full faith and credit need not be given to certain divorces granted by one State to residents of another State. Chapters 4 Sec. 3 Interstate Relation

  9. Extradition is the legal process by which a fugitive from justice in one State is returned to that State. Extradition is upheld through Article IV, Section 2, Clause 2 of the Constitution. Chapters 4 Sec. 3Interstate Relations

  10. Chapter 4 Sec. 3 • The Privileges and Immunities Clause provides that no State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States. ----For ex. States cannot, for example, pay lower welfare benefits to newly arrived residents than it does to its long-term residents, Saens v. Roe, 1999. ---However, States can draw reasonable distinctions between its own residents and those of other space, such as charging out-of-State residents higher tuition for State universities than in-State residents.

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