Delegated Powers powers given to the Federal Government

Delegated Powers – powers given to the Federal Government -they include: “Expressed” powers – powers that are written down; “Implied” powers – powers that are understood; “Inherent” powers – powers of the federal government, simply because it is the federal government.

*Powers granted to the Federal government (only): 1. CONGRESS can declare war; 2. Coin/print money; 3. Grant copyrights and patents; 4. Create post offices; 5. Maintain the military.

*Powers granted to the State government (only) - Reserved Powers: 1. Set the drinking age; 2. Set the smoking age; 3. Set the marriage age; 4. Set the age for education; 5. License professionals; 6. Establish public schools.

*Powers denied to the Federal government: 1. No export taxes; 2. No titles of nobility. Powers denied to the State government: 1. Cannot tax the federal government; 2. Cannot declare war.

*Concurrent Powers – powers shared by the State and Federal governments – they include: 1. Power to make laws; 2. Power to create banks; 3. Power to create prisons; 4. Power to tax.

*The National government’s responsibilities to the States: 1. Guarantee a republican for of government; 2. Provide protection against domestic violence and foreign invasion; 3. Respect each state’s territorial integrity.

Grants-in-Aid – money from the federal government to the states on a 50/50 basis – first used during the Administration of L. B. J. *Pro - States only have to spend ½ a much; *Con – The federal government can no longer afford to fund the entire program.

Revenue Sharing – the Federal government “shares” its tax revenue with each state – used during the Administration of Nixon *3 reasons for using revenue sharing: 1. It solves many state money problems; 2. States can decide how to use the money; 3. States no longer have to tax the very poor.

Special Districts – areas get together to solve a problem – largest type of special district is for “education” 23 rd Amendment – residents of D. C. can vote for President and Vice-President Interstate Compact – contract between states Usurp – to seize power Charter – legal document by the state legislature, making an area a city

*U. S. Territories include: 1. Guam; 2. Puerto Rico; 3. American Samoa; 4. The Virgin Islands.

“Extradition” – to send a criminal back to the area where a crime may have been committed “Full Faith and Credit” – legal documents of one state are recognized in another state An exception to “Full Faith and Credit” is DIVORCE

Williams v. North Carolina – 1945 Background: The Williams went to Las Vegas to get a divorce because they did not want to wait for the divorce under North Carolina’s law After their divorce (while still in Nevada) each got married again to someone else

When the couples returned to North Carolina, the former Williams were arrested for “bigamy” They appealed their case, eventually to the U. S. Supreme Court which decided: A divorce given in a short period of time in another area does not have to be recognized by the state!

*States can only be admitted by CONGRESS if: 1. The area petitions Congress; 2. Congress passes an “enabling act”; 3. This act enables the writing a constitution; 4. The people vote in favor of the constitution; 5. Congress reviews the constitution and admits – called an “act of admission”

Why is Washington D. C. not fully represented in Congress? Not a “State” Conditions may be placed on the admission of a new state: 1. Ohio – 1803 – Not to tax land for 5 years; 2. Utah – 1896 – Had to outlaw polygamy; 3. Alaska – 1959 – Could no longer take land from the Indians and the Eskimos

Rights, Privileges, and Immunities granted to the States: 1. Don’t take state laws with you; 2. Can buy land in another state; 3. Can marry outside your state; 4. Cannot be charged a higher property tax because you live outside the state.