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Understanding Federalism: Powers and Divisions

Explore the concept of federalism, the division of powers between states and the national government, and examples of enumerated, reserved, and concurrent powers. Learn about the advantages of federalism and the obligations of the national government towards states, including the Full Faith and Credit Clause. Discover differences between states in laws and regulations. Understand the importance of divisions of power and the functions of the national government under federalism.

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Understanding Federalism: Powers and Divisions

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  1. Chapter 4: Federalism Arizona Governor Doug Ducey

  2. What is Federalism? • How we divide power between the national & state governments

  3. ______________ Federalism • The division of power between the States and the National Government. (10th amendment) • The states and the national government are like partners in governing. • The National Government has the “supreme power”- (Supremacy Clause)

  4. Why do we use a Federalist System? • Dividing the powers of government can limit federal control… • Fear of a strong national government carried over from the colonial relationship with England and its King and Parliament.

  5. Federalism

  6. Federalism

  7. Enumerated/DelegatedConcurrentReserved Powers

  8. Federalism Enumerated/Delegated • Powers given only to the national government are called: _______________ powers. • Examples: Declaring _____, Printing ______ war money

  9. Federalism Reserved • Powers given to the states are called: ____________ powers. • Examples: _________, _________, _________ laws. gambling driving marriage

  10. Legal Driving Age by State

  11. Federalism concurrent • Powers given to both the national and state governments are called ____________ powers. • Example: _________, punishing _________ criminals taxation

  12. Federalism Federalism National Government: Enumerated Powers State Governments: Reserved Powers National & State: Concurrent Concurrent Powers

  13. Enumerated(ED), Reserved(R), or Concurrent(C)?___Setting up courts and prisons.___Marriage and divorce laws.___Set up schools.___Maintaining an army and navy___Creating a controlling a postal system___Building roads/highways.___Printing Money ___Collecting Taxes___Immigration

  14. Advantages of Federalism Gov. Ducy Pres. Obama • Allows local action in matters of local concern • Here are some examples…

  15. Differences Between States(just read) • In Oregon and New Jersey, it is illegal to pump your own gas • In Nevada, it is illegal to ride a camel on state highways • In Texas, criminals are required to inform their victims of the crime to be committed 24 hours in advance, either verbally or in writing

  16. Differences Between States(just read) • In Massachusetts, it is illegal to go to bed without taking a full bath • In Ohio, it is illegal to get fish drunk • In California, it is illegal for a car without a driver to exceed 60 miles per hour

  17. Divisions of Power • There are 3 kinds of power for the national government 1. Expressed – written directly in the Constitution (declare war, tax, etc.) 2. Implied – reasonably assumed from the expressed powers (aka: Necessary and Proper Clause/Elastic Clause) 3. Inherent– never mentioned in the Constitution, but always used by national governments. These are powers that over time all national governments possess. Examples: To acquire land, recognition of other countries

  18. Article IV: Relations among the StatesThe Nation’s Obligations to the States The national government is Constitutionally required to guarantee: • Republican form of government – basically means a representative government (Article IV. S. 4)

  19. The Nation’s Obligations to the States • Protection from Invasion and Internal Disorder (Article 4 Section 4) • Respect for Territorial Integrity – it must legally acknowledge the existence and boundaries of the states. Georgia vs. Tennessee

  20. The Nation’s Obligations to the States • Congress has the power to admit new states into the U.S. (Article IV Sect. 3) • No new states may be formed from within a state or the union of states without the consent of the state(s) legislature and the U.S Congress • Congress gets to set rules for what states must do to get admitted • For example:

  21. Utah • Congress required Utah to ban polygamy (having more than one spouse) before being admitted

  22. Arizona • Arizona had a rule that allowed people to remove judges by voting – judicial recall • Arizona repeal the law before becoming a state (Happy 103th!) • But, we’re tricky here in AZ…

  23. Arizona • Arizona repealed the law as the U.S. requested, and became a state • Our first official act of statehood – • A constitutional amendment to add judicial recall

  24. Full Faith and Credit • The “Full Faith and Credit” Clause (Article IV Section 1) • States must legally recognize each others’ public acts, records, and judicial proceedings

  25. Exceptions to Full Faith and Credit • Full Faith and Credit only applies to Civil cases, not criminal cases! • States cannot punish someone on behalf of another state • States do not have to recognize each others’ divorces if the people were not true residentsof the state granting the divorce

  26. Other Requirement • Extradition – a fugitive flees a state must be returned to the state where he committed the crime (Article IV Section 2)

  27. Privileges and Immunities Clause(Article IV Sect. 2) • States cannot draw unreasonable distinctions between their residents and citizens from other states • Exceptions: Tuition rates, hunting & fishing licenses, residency for public office…

  28. Bureaucracy • State & Federal gov’ts are operated by thousands of civil servants known collectively as bureaucracy • Departments • Agencies • Regulatory agencies • Commissions

  29. Bureaucracy Valuable Layers or Duplication?Waste or Production?

  30. Bureaucracy or Waste ?

  31. Bureaucracy…Red Tape

  32. YOUR TAX $$$ @ Work !!!

  33. Sunset Laws • a law providing for automatic termination of a program,agency,etc.,at the end of a specified time Sunshine Laws • a law requiring official meetings and records open to the public.

  34. Cooperative Federalism • Sometimes, the state and national governments fight over power • There are also ways that they help each other

  35. Federal Grants • Grant – $$$ from the federal government given to the states • This money helps the states run programs like education and welfare • The federal government sets conditions for receiving the grant, which gives it more influence over the state

  36. Types of Grants • Categorical Grant – money for a specific, defined purpose • Block Grant – money for a broad purpose, few strings attached

  37. Project Grant Project Grant – money for programs like research or job training, could be given to universities or private businesses

  38. Help for the States • FBI, ATF, U.S. Marshals, & Justice Dept. help state & local police • Fight crime, catch fugitives • Move prisoners • Prosecute with lawyers

  39. Help for the States Army helps National Guard Census Bureau’s data is free research for the states

  40. Dramatization Yo, Texas duuuude!

  41. Dramatization Some guy killed director Michael Moore, and he crossed into your border.

  42. Dramatization Can you send him back over, Duuuude?

  43. Dramatization No. You’re a fruit cake, Cali.

  44. Dramatization And I hate that lefty swine…

  45. Dramatization No, Texas! You gotta extradite him!

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