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Federalism

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by

Andrew Cantrell

on 18 April 2016

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Transcript of Federalism

How is power divided between the Federal Government and the States?
F
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a
l
i
s
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Federalism
Exclusive
Reserved
Concurrent
Coin money
Tax imports
Make treaties
Establish Schools
Regulate Marriage
Professional License
is like a Delicious Cake
Northwest Ordinance of 1787
Inherent Powers
Denied Powers
State Powers
Concurrent Powers
Supreme Law f The Land
McCulloch
v.
Maryland
Guarantees and Protections
Federal
State
State to Federal:
Conduct elections
Ratification and/or debate on proposed amendments
Federal to State
Protection from invasion and domestic insurrection
Respect the territorial integrity of the states
A republican form of government
Federal Grants
Interstate Compacts
Exceptions
applies to civil laws only, not criminal ones
Marriage and Divorce
Privileges and Immunities
The Constitution denies certain powers to the federal government.
are shared by the federal government and State governments.
The Constitution is the supreme law of the land, standing above all treaties and acts of Congress.
Below these are state laws.
Sets rules for admitting new states.
Based on population.
Only Congress can approve.
Admitting New States
Congress began granting federal lands and money to the States early in the nation’s history.
were often used to establish schools, colleges, and roads, while cash grants were less common until the 1930s.
States often depend on this money to fund services, which increases the influence of the federal government in many policy areas.
(specific purpose)
(broader goals, fewer strings attached)
fund various state and local projects
states can make agreements with each other and foreign governments so long as Congress says it's okay.
Ex. Utah, Arizona, New Mexico, and Colorado manage shared resources and border at the "four corners."
Only the state that a couple has established residency can grant a divorce.
Same Sex Marriage is outlawed by the Federal Government and 41 states (allowed in 9 )
http://www.nationaljournal.com/politics/map-where-is-same-sex-marriage-legal--20120509
DOMA

says states cannot be forced to recognize a same-sex marriage performed by another state.
1958
Full Faith and Credit
Requires each state to honor and enforce the laws, official documents, and court rulings of other states.
Extradition -
people charged with a crime in one State who flee to another State must be extradited—returned to the State where they were originally charged.
No State can make unreasonable distinctions between its residents and residents of another State.
Each State must recognize the right of any American to travel in or become a resident of that State.
Residency to vote, hold office, obtain a professional license
Higher fees for hunting or out of state tuition.
Reasonable Distinctions:
Powers granted to the Central Government
(Powers not granted to the central government and not denied to the states)
State Powers
Can you think of any others?
Powers shared by the Central and State Government
P
o
w
e
r
Shared
Power
Central Gov. Only
State

only
Things the National Government can do according to the Constitution
enumerated or
Article I
Article II
Congressional
Article III
It has been stretched to cover many different situation
Why is the Necessary and Proper Clause sometimes referred to as the Elastic Clause?
Implied Powers
Gives Congress the ability to make all laws "necessary and proper " to carry out its expressed powers
Exists because the United States exists.
"Duh" powers
Defense
Ex: Anything in the Bill of Rights
Reserved powers
Uses this large scope to perform daily activities
Public Health
Morals
Safety
Can't Coin Money
or
Tax the Federal Government
At Least 60,000
1 restriction: no stealing territory from other states without their consent
Steps: 1 state applies
Hey Congress can I be a state now? It's been 15 years
No
JK LOLZ
Here is an enabling act
That means draft a constitution
Done and Done
This act of
admission
says you

are in!
Full transcript