Federalism is a system that divides power between a central/national government and regional/state governments through a written constitution. The constitution assigns specific expressed powers to the national government like taxes and defense. It assigns implied and inherent powers as needed and reserves non-mentioned powers to the states. Concurrent powers like transportation can be shared while exclusive powers like treaties belong solely to the national level. Federalism requires the national government guarantee aspects like republican government and protection to states.

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