Chp. 6: Federalism

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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