Chapter 4: FEDERALISM
Federalismpowers divided on a territorial basis
– why?
Division of Powers
Separation of governmental powers
between the National Government
and the 50 state governments
Federalism – A Dual system of
Government -- explain
Federalism
Territorial basis
DELEGATED POWERS
Delegated Powers
those powers that the National
government has granted to it in
the constitution
Three types of Delegated Powers
1. Expressed
2. Implied
3. Inherent
DELEGATED
POWERS
EXPRESSED
POWERS
EXPRESSED POWERS-
• Those powers
expressly written or…
• Spelled out in the
constitution
Expressed Powers -legislative
Legislative Examples of
Expressed Powers
• Lay and collect taxes,
• Coin money, regulate foreign and
interstate trade,
• Raise and maintain an army,
• Declare war, fix a standard of
weights and measures,
• Grant copyrights and patents
Expressed powers executive
Executive Examples of
Expressed Powers
• Commander-in-chief,
• Grant pardons and reprieves,
• Make treaties,
• Approve judges
IMPLIED POWERS
• Those powers
not expressly
written in the
constitution
• Elastic Clausebut are …
necessary and
proper
IMPLIED POWERS
• Congress regulates labormanagement relations
• Building of power dams
• Building of interstate
highways
Implied
Powers
IMPLIED POWER
EXAMPLES
• Punishment of federal
crimes- kidnapping,
gambling ..
• Racial Discrimination
IMPLIED
POWERS –
INHERENT POWERS-
• Those
powers
historically
held by
government
INHERENT POWERS
EXAMPLES
• Regulate immigration
• Deport aliens
• Acquire territory
• Protect against internal
subversion
• Diplomatic recognition of
other nations
INHERENT
POWERS
POWERS DENIED
THE NATIONAL GOVERNMENT
POWERS DENIED THE
NATIONAL GOVERNMENT
#1 Constitution denies Expressly:
•
•
•
•
To levy duties on exports,
to deny 1st amendment freedoms,
illegal searches and seizures,
deny fair and speedy trial
#2 Constitution is Silent on
Examples:
• Creating public schools,
• marriage and divorce laws,
• setting up local units of
government
POWERS DENIED THE
NATIONAL
GOVERNMENT
3rd Constitution denies…
Examples:
• Congress may not
tax the states or their local units
of government to carry out
federal government functions
RESERVED
POWERS
RESERVED POWERS OF THE
STATES – 10TH AMENDMENT
• Those powers held by the states,
not granted specifically in the
Constitution
Examples:
• States can forbid persons under
the age of 18 to marry without
parental consent
• Those under 21 to purchase
alcohol
21 to
purchase
alcohol
Other Reserved Powers Examples
• Require licenses for doctors,
lawyers, hairdressers,
plumbers, teachers,
• States may establish public
schools
• Grant divorces, permit gambling
• Spheres of powers held by the
states are huge
EXCLUSIVE POWERS
EXCLUSIVE POWERS
• Powers exercised
by only the
federal
government
• Examples:
• Coin money,
make treaties, lay
import duties
CONCURRENT POWERS
New River Gorge Bridge
– condemn private
property
Concurrent Powers• Powers held by both the National
Government and the states
Examples:
• Levy and collect taxes, define
crimes and punishment, condemn
private property for public use
DUAL SYSTEM OF GOVERNMENT
SUPREME LAW
OF THE LAND
THE SUPREME LAW OF THE
LAND
Dual System of
Government
The operation of
national and state
government may
conflict
Supremacy Clause
National law is
supreme over any
state law
McCulloch v Maryland
•Supreme court acts as umpire
in the Federal System
•National government is
immune from state taxation
•Federal system is supreme
over any state law
LADDERS OF THE LAW
1.
2.
3.
4.
5.
6.
LADDER OF THE LAWS
• CONSTITUTION
• Acts of Congresstreaties
• State Constitutions
• State Statutes
• City and County
Charters
• Local Ordinances
INTERSTATE
COMPACTS
INTERSTATE COMPACTS
• Agreements among the
states themselves
• Ex. NY and NJ creating
the port authority
• Compact for parolees
and probationers –
share in law
enforcement
information
FULL FAITH AND CREDIT
FULL FAITH AND CREDIT
• Each state shall give full faith
and credit to every other state
for public acts, records and
judicial proceedings
• Public acts –
• refers to laws of the state
RECORDS
• Records
documents such as birth
certificates,
• marriage licenses,
• deeds for property, car
registrations
Other:
INTERSTATE COMPACTS
• To coordinate resources like
water, oil, wildlife, and fish
• Forest protection, water
pollution, tax collection,
motor vehicle safety,
licensing of drivers
Judicial Proceedings
Jurors found Kim Davis, 36, guilty
of first-degree murder
Judicial Proceedings
Judicial Proceedings
• out come of court
decisions (debt, criminal
convictions, divorce)
• Exceptions –apply only to
civil not criminal
From the movie show
The Fugitive
EXPLAIN
….
https://www.youtube.com/wat
ch?v=FgSvz4mYS0Q
EXTRADITION
• Process where a fugitive
from justice in one state
is returned to that state
from which the crime was
committed in order to be
tried
• Governors regularly
approve
PRIVILEGES AND
IMMUNITIES
PRIVILEDGES AND
IMMUNITIES
• Residents of one state may
not be discriminated by
another
• right to pass through or
reside in another state for:
trade, agriculture, buy sell
rent property
PRIVILEDGES AND
IMMUNITIES
PRIVILEDGES AND
IMMUNITIES
States can require
nonresidents to pay higher
fishing /hunting fees