CHAPTER 4FEDERALISM

SECTION 1: THE DIVISION OF POWERSECTION 2: THAT NATIONAL GOVERNMENT and the 50

STATESSECTION 3: INTERSTATE RELATIONS

THE DIVISION OF POWERFramers realized two things

1) strong central government is cause of Revolution2) Articles of Confederation made Government weak

Why Federalism?1) governmental power poses a threat to individual liberty2) governmental power must be restrained3) dividing the power prevents governmental abuse

THE DIVISION OF POWERFEDERALISM - a system of government in which a written constitution divides the powers of government on a territorial basis between central or national government and regional governments called states

DIVISION OF POWERS - it assigns certain powers to the National Government and certain powers to the States.

Dual system of government.

Powers of the National Government1) Delegated Powers - it has only those powers delegated to it in the Constitution

3 Distinct types

1) Expressed Powers2) Implied Powers3) Inherent Powers

THE DIVISION OF POWER

Expressed Powers - spelled out specifically in the Constitution.

Implied Powers - not expressly stated in the Constitution but reasonably suggested by the expressed powers.

Inherent Powers - powers that belong to the National Government because it is a government of a sovereign state within in the world.

THE DIVISION OF POWER

Powers Denied to the National Government1) Expressly in wording (freedom of religion)2) It only has the powers given by the Constitution3) Denied by the federal system itself

could take action that would threaten it directly

THE DIVISION OF POWER

The States: State government is just as important as is the National Government

Powers Reserved to the States - are those powers that the Constitution does not grant to the National Government, and does not at the same time deny, to the states (reserved powers)

Powers Denied to the States - expressly and inherently

THE DIVISION OF POWER

The Exclusive and the Concurrent Powers:

Exclusive Powers - powers that can be exercised by the National Government alone.

Concurrent Powers - these are powers that the National Government and States share and exercise.

THE DIVISION OF POWER

National Government and the 50 StatesConstitution requires that the National Government “guarantee to every State in this Union a Republican Form of Government.” (Art. IV Sec. 4)

What does it mean?National Government must protect against invasionMust respect the territorial integrity of each state

REPRESENTATIVE GOVERNMENT

National Government and the 50 StatesAdmitting New States:

territory asks Congress for admission to the U.S.If Congress chooses they pass the enabling act

Enabling Act - directing the people of the territory to frame a proposed State constitution.

Act of Admission - created after reviewing proposed constitution and creates a new state.

Must still be approved by the President

INTERSTATE RELATIONSAlthough no state can enter into an agreement or treaty

States can enter into Interstate Compactsagreements among themselves and with foreign

states.Not required to gain congressional approval

Full Faith and Credit Clause - states must accept court rulings from other states.

Civil v. Criminal / divorces

INTERSTATE RELATIONSExtradition - the legal process by which a fugitive from one state is returned to that state.

Privileges and Immunities Clause - means that no state can draw unreasonable distinctions between its own residents and those person who happen to live in other states.