Name: Date: Chp. 6: Federalism Period: Notes Chp. 06: Federalism 35 Objectives about Origins of American Government The student will demonstrate knowledge of the federal system described in the Constitution of the United States of America by a) explaining the relationship of the state governments to the national government; b) describing the extent to which power is shared; c) identifying the powers denied state and national governments; d) examining the ongoing debate that focuses on the balance of power between state and national governments. Essential Understandings about Origins of American Government 1. The Constitution of the United States of America provides for a federal system of government in which power is shared between the states and the national government. Essential Questions about Origins of American Government 1. What is the relationship of the state governments to the national government? 2. How is power divided and shared between the national and state levels of government? 3. What powers are denied to both national and state governments? Notes Chp. 06: Federalism 36 TopT of Powers The Division National Powers 1. 1)Delegated Powers – powers the Constitution grants the national government 2. 2)Expressed Powers – (enumerated powers) powers directly stated in the Constitution; collect taxes, to make war, coin money, to raise an army and navy 3. 3)Implied Powers – powers not written in the Constitution, but are reasonably suggested by the expressed powers; the draft, regulate nuclear power plants a. 4. 4)necessary 5)Inherent and proper clause – (elastic clause) allows Congress to stretch Powers – powers that aren't defined or listed in the Constitution, but belong to the Government because it is the government of a sovereign state; control immigration, establish diplomatic relations with other countries State Powers 1. 6)Reserved Powers – powers given to the states, but not to the national government a. given to the states in the 10th Amendment b. regulate public school systems, require licenses for certain things (fishing, hunting, owning a gun) 2. 7)Concurrent Powers – powers shared by the states and national government a. power to set educational policy, to tax, and to maintain courts/define crimes 3. 8)Supremacy Clause – Constitution and laws of national government are supreme law of the land a. state actions must not conflict with any national laws b. established in Supreme Court case, 9)McCulloch v. Maryland) Bill of Rights 1. Bill of Rights – 10)no level of government can take these rights away The National Government and the 50 States Nation’s Obligations to the States 1. Republican Form of Government a. the Constitution and Supreme Court have not defined republic – generally understood to mean a 11)representative government b. if a state refuses to ratify an amendment after it has been ratified by ¾ of the states, Congress can declare it isn't a republican government 2. Protection for 12)Invasion and Internal Disorder – attack from a foreign power or domestic violence a. President Eisenhower in 1957 to integrate schools; natural disasters Notes Chp. 06: Federalism 37 The Division of Powers Directions: Using the table on page 93, fill in the following Venn Diagram and table. Delegated Powers of the National Government National Powers Concurrent Powers Concurrent Powers coin money levy and collect taxes regulate interstate and foreign trade borrow money raise and maintain armed forces declare war govern U.S. territories and admit new states conduct foreign relations Notes establish courts define crimes and punishments claim private property for public use Reserved Powers of the States State Powers regulate trade and business within the State establish public schools pass license requirements for professionals regulate alcoholic beverages conduct elections establish local governments Chp. 06: Federalism 38 The National Government and the 50 States Nation’s Obligations to the States 3. Respect for 13)Territorial Integrity a. a new state cannot be created by taking away land from a new state without permission (West VA is the only exception) 4. Admitting New States a. 14)enabling act – directs the people of a territory to frame a proposed State constitution; new states to be equal to older states b. after people agree upon constitution, Congress must approve c. territorial integrity in effect, president can veto a state Obligations of the States to the National Government 1. conduct and pay for 15)elections of national government officials 2. set times, places and manner of 16)elections a. Congress does have the power to alter state election laws Interstate Relations Interstate Compacts 1. Full Faith and Credit 1. each state must recognize the laws of other states 17)Interstate Compacts – written agreement between 2 or more states to settle an argument a. Congress must approve a. applies to 18)civil law b. one state cannot enforce another state's 19)criminal laws 2. without this provision, each state would treat other states like foreign countries Extradition 1. 20)extradition – to return a criminal to a state where the crime was committed 2. Congress made it a federal crime to flee a state in which you have committed a crime Privileges and Immunities 1. states are not allowed to discriminate unreasonably against citizens of another state a. can use courts; make contracts; buy, own, rent or sell property 2. privileges and immunities does not apply to 21)voting, serving on juries, or use of some public facilities Notes Chp. 06: Federalism 39 Glossary Chp. 4 Directions: Fill in the definition for the term listed. Then, in the box on the right, you have to draw a picture OR write the definition in your own words OR write a sentence using the word that demonstrates its meeting. Expressed Powers . Processing (Illustration, Summarization, or Sentence) . . .. Interstate Commerce . Processing (Illustration, Summarization, or Sentence) . . .. Extradition . Processing (Illustration, Summarization, or Sentence) . . .. Implied Powers . Processing (Illustration, Summarization, or Sentence) . . .. Concurrent Powers . Processing (Illustration, Summarization, or Sentence) . . .. Supremacy Cluse . Processing (Illustration, Summarization, or Sentence) . . .. Notes Chp. 06: Federalism 40 Summary DIRECTIONS: Choose only one of the following: a) write a summary (25-75 words) of what you believe was the most important aspect of the notes/lecture b) write what you believe to be the most interesting or memorable part of the notes/lecture (25-75 words) c) draw something that symbolizes the notes/lecture to you (has to be different than your title page) Notes Chp. 06: Federalism 41
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