Chapter 4- Notes

• History
• 12th Grade

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Chapter 4- 

The Federal System

Federalism: Division of power between the federal government and the state government

Section 1- National & State Powers

Section 2- Relations Among the States

Section 3- Developing Federalism

Section 4- Federlism & Politics

Quiz- Friday: September 27

- Vocab Due

The Division of Powers of Government:

National Government

State Government

The national government is superior to the state government. This is through the supremacy clause

Some powers are denied within the constitution: 

- National government cannot tax exports

- Cannot interfere with the ability of states to carry out their responsibilities

- States cannot make foreign alliances or make their own money

National Government:

- 3 types of powers expressed, implied, inherent. These powers are known as Delegated Powers

 

Expressed

Implied

Inherent

- Stated in the consitution

- Authority needed to carry out gov't powers

- Powers because they are the gov't

Expressed: levy and collect taxes, coin money, to make war, raise an army and navy and regulate commerce 

Inherent: control immigration and establish diplomatic relations with other countries

National Gov't v. State Gov't Obligations:

National Gov't

State Gov't

- Each state republican form of gov't

- Protect the states from invasion: an attack on any state is an attack on the US

- Respect the territories 

- Conduct & pay for elections

- Play a key role in amending the constitution

(3/4 approval of all states)

Interstate Relations:

- The Constituion requires the states do the following:

1. Give "full faith & credit" to the laws, records and court         decisisions of other states
2. All citizens have the smae privileges & immunities from other states
3. Extradite

**Applies only to civil law

Relations

Civil law- laws relating to disputes between individuals, groups or with the state 

If you commit a crime in CA and travel to NV, what is it called when they send you back to CA?

Disputes Among the States:

- Disputes among states must be solved peacfully

          -interstate compacts & sometimes lawsuits

Lawsuits:

- Suits between 2 or more states are heard in the Supreme Court (only court states can sue each other)

Interestate Compacts:

- Air

- Water pollution

- Transportation

- Pest control

INTERSTATE COMPACTS- written agreements between 2 or more states and approved by congress

https:

States Rights Position v. Nationalist Position:

States Rights Position:

- Closer to the people and more intouch with the people

- President Reagan endorded "new federalism" putting more power in the state

Nationalists Position:

- Stands for all the people, not some of the people

- First set in McCulloch v. Marlyland

States- favor state and local action in dealing with problems

Nationalists- favors national action in dealing with problems

States Right Position v. Nationalist Position:

Nationalists Position

States Right Position

Closer to people

Necessary & proper clause

Agent of the states

Stands for all the people

States- favor state and local action in dealing with problems

Nationalists- favors national action in dealing with problems

Growing National Government: 

- As the national government has grown, Congress has developed two major ways to influence policies of the states:

Grants

- Federal money is granted only if the state is willing to meet certain conditions

Mandating policies

- Preemption

**Civil Rights Act of 1964 (regulating interstate commerce)

**16th Amendment

Preemption- the federal governments ability to take over a state government function (No Child Left Behind Act)

16th amendment-The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

Federalism & Public Policy:

- Federalism lessens the risk of one political- party gaining a monopoly on government power

- When a government settles on a course of action to an issue or problem, we call it public policy 

- Federalism allows more opportunity for

people to particpate in government (local-

state- national)

- Federlism contributes to economic & social

differnece among the states because it permits

each state freedom

Picture- United States Conference of Mayors: organization formed to help local politicians keep in touch with national lawmakers