- Slides: 18
Federalism Ch. 4 Notes
Delegated Powers � Those powers granted to the national government by the constitution (Article I Sect. 8) � Expressed Powers – Spelled out (expressed) in words in the constitution. � Implied Powers – Not spelled out in the constitution but reasonably suggested. � Inherent Powers – Powers of the national government just because it is the “national government” within a world community.
Reserved Powers � Those powers that are NOT granted to the national government and NOT denied to the states. � They are powers “reserved” for the states. (10 th Amend. )
Exclusive Powers � Powers given to the national government that cannot be practiced by the states under ANY circumstances. � Making money, make treaties with foreign governments, regulate commerce (trade) between states, etc.
Concurrent Powers � Those powers that are held and exercised by BOTH the national and state governments. � Levy and collect taxes and establishment of a system of crime and punishment are examples. � While the concurrent powers are shared, they are not necessarily the same. � Examples?
The Supreme Court in the Federal System. � The SC is like the referee in the “federal system”. � Settles disputed powers. � The constitution is the “supreme law of the land” and the SC applies that law to disputes over individual laws and powers.
National Gov. Obligations to the States � Most found in Article IV – Relations of the States. � A representative form of government. ◦ Elections and representation of the people will continue. � Protection foreign invasion; an attack on one state = an attack on all states. � Protection from public disorder (lawlessness) if the state cannot control it. ◦ Lend assistance in natural disasters.
Full Faith and Credit Clause � Article IV Sect. 1 � All states and the national government will honor the laws, records and court decisions of every other state. � Example ◦ If you are married in Michigan, your are married in all other states as well. ◦ If you are a convicted felon in Florida, you are still a convicted felon in Minnesota.
Exceptions to Full Faith and Credit � Law enforcement. ◦ Illinois will not prosecute and/or imprison a person for a crime that was committed in Michigan. That is Michigan’s job!! � Divorces ◦ There are laws for getting divorced. Your are supposed to get a legal divorce in the state that you were married OR the state in which you actually live.
Extradition � The process through which a fugitive from justice in one state can be returned to that state to face charges. � Normally, governors honor this agreement without question. � There are some confusing issues from time to time.
Loving v. State of Virginia (1966) �A couple of mixed racial background are married in Washington DC, perfectly legal. � They move to Virginia and are arrested and sentenced to a year in jail or must leave the state for violation of state law banning interracial marriage. � The couple sues Virginia and it winds up at the US Supreme Court.
� What amendment covers the rules of this law suit? � Powers of the state? � Ch. 4 Concepts? � Lets Discuss!!!!
Hypothetical Case � 1955, a black man in Mississippi kills a white man during a bar fight. � Before he can be arrested, the man flees Mississippi and goes to Michigan to live with relatives. � Amendments involved? � Ch. 4 Concepts?
Add a question to Ch. 4 Guide � Puerto Rico wants to become a state! � What is the procedure? Explain. � What if Congress placed a condition on statehood for Puerto Rico? ◦ Education system must be restructured to be like the system in Texas. ◦ Must halt the sale of Puerto Rican rum to Cuba until legal and tax issues are addressed. ◦ Must have a bicameral legislature, an independent judiciary and executive branch. ◦ The Republican party must be given equal time to campaign for office.
What is the “Elastic Clause”? What does it do and why is it so important? Why do they call it the Elastic Clause? Explain. Article I, Sect. 8, Clause 18
That’s all for now!!