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Chapter 4:  VA and US
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Chapter 4: VA and US

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  • 1. Chapter 4 - Federalism
  • 2. Section 1: Division of Powers
    • Monarchy was too strong, Articles of Confederation was too weak
    • THUS WE HAVE FEDERALISM!!!
  • 3.
    • FEDERALISM is a system of government in which a written Constitution divides the power of government on a territorial basis between a CENTRAL, or national government and several regional governments, usually called states or provinces
  • 4.
    • let’s break it down
  • 5.
    • DIVISION OF POWERS
        • Constitution assigns specific powers to the national government and certain powers to the states or provinces
  • 6.
    • EXPRESSED POWERS -
    • Delegated in words, also called enumerated
    • Examples: lay and collect taxes, President as commander in chief
    Powers of the National Government
  • 7.
    • IMPLIED powers - not expressly stated but are reasonably suggested or implied.
    • Necessary and PROPER Clause to fulfill duties...AKA the ELASTIC CLAUSE
    • Examples: Interstate highways, prohibit racial discrimination in restaurants, hotels, motels etc
  • 8.
    • INHERENT POWERS - Powers the Constitution has presumed to delegate to the national government because it is the government of a sovereign state within the world community
    • Exists because the United States Exists
    • Examples - regulate immigration, acquire territory, deport undocumented aliens
  • 9.
    • Powers denied to the national government -
    • Denied because of silence of the CONSTITUTION - those not implied, EXPRESSED or inherent
  • 10.
    • The States
    • RESERVED (state) powers - those powers that the Constitution does not grant to the national government and does not, at the same time, give to the states
    • Examples: marrying under 18 without consent, public schools, licenses
  • 11.
    • EXCLUSIVE/ENUMERATED Powers - powers exercised by the national government alone.
    • Examples:
    • Make Way, Treaties
  • 12.
    • CONCURRENT POWERS -
    • both state and national government can possess and exercise.
    • Examples:
    • Tax, build roads, borrow $, have courts
  • 13.
    • Supremacy Clause
    • the CONSTITUTION is the Supreme LAW of the Land
  • 14. National Government and the 50 States
  • 15.
    • CONSTITUTION requires
        • national government to guarantee certain things to the states
        • Makes it possible for the national government to do certain things for the states
  • 16.
    • REPUBLICAN form of government
    • PROTECT the States against invasion
    • PROTECT the state from violence (this allows federal officials to enter a State to restore order or to help in a disaster)
    Nation’s obligation to the States
  • 17. Admitting New States
    • Only CONGRESS has this power.
    • Cannot be created by TAKING territory from one or more existing states without the consent of the legislature of the states involved
  • 18. Procedure
    • 1. area asks CONGRESS for admission
    • 2. Congress passes an ENABLING act - directing them to propose a state Constitution
    • 3. POPULAR vote on the Constitution in the proposed states
  • 19.
    • 4. Submitted to Congress for viewing and editing
    • 5. Act of Admission - creates a new state
    • 6. President signs
  • 20.
    • Federal Grant in Aid
    • Grants of federal money or other resources to the states or localities. Helps them perform a large share of their everyday functions.
    Cooperative Federalism
  • 21.
    • Revenue Sharing 1972-1986
    • Congress gave an annual share of the huge federal tax revenue to the states and their localities.
    • virtually no strings attached
  • 22.
    • Categorical Grants
    • Made for a specific, closely defined purpose.
    • examples: school lunches, construction of airports,
  • 23.
    • Block Grants
    • More broadly defined purposes than categorical grants
    • ex. health care, social services, welfare
  • 24.
    • Project Grants
    • made to States, localities, and sometimes private agencies that apply to them.
    • ex. grants for scientists, job training
  • 25. Interstate Relations
  • 26.
    • INTERSTATE Compacts: agreements among each other and with foreign states
  • 27.
    • Constitution’s requirement that each state accept the public acts, records, and judicial proceedings of every other state
    Full Faith and Credit Clause
  • 28.
    • exceptions
    • Civil, not criminal matters
    • divorces granted in one state to residents of another
  • 29.
    • Extradition
    • The legal process by which a fugitive from justice in one state is returned to another
  • 30.
    • Privileges and Immunities Clause
    • all citizens are entitled to certain privileges and immunities regardless of their state of residence. no state can draw unreasonable distinctions between its own residents and those who live in other states
    • ex. college tuition, allow everyone to make a contract