Federalism Unit 2, Notes 2

States Rights 10th Amendment

Gives us ______________

States that powers not given to the ____________ government are reserved for the __________

Each has its own area of ______________

Framers Framers of the Constitution knew that _________________ War had been fought so we could have self-government

But also _______ that too much self-government (Articles of Confederation) did not work Needed a _____________

central government, while leaving some power for the states to _____________

Strengths of Federalism Federalism allows local _________ over local

_________ National action over _________ of wider ____________

Local traditions and needs _________ from state to state, so federalism allows that be ____________

Federalism Constitution ___________

power of government between central (___________) government and several ___________ (state and local) governments

Each level has its__________ powers

Each ____________ through its own agencies and officials and has its own _______

National Gov’t Powers

National gov’t is one of ____________ powers It has only those powers delegated

(_____________) to it by the Constitution

Types of Delegated Powers

______________ powers Given to national gov’t in ___________ of the

Constitution Spelled out, ____________ out

_____________ are found in ______________, Sec. _______ (powers of Congress) Gives gov’t the power to tax, ___________,

regulate trade, ____________________, etc. Article II gives President _________________ powers _______________ gives Supreme Court its

expressed powers

Implied Powers Not _____________ in the Constitution

but are ____________ (implied) by what is written Must have ____________ in expressed

power (implied powers must be ____________ from expressed powers)

Example Congress has the ______________ power

to regulate and create post office so we ___________ that they also have the power to set the ___________ of stamps

Inherent Powers _____________ to the US gov’t because it is the gov’t of

a sovereign state Not written in the Constitution but are ____________

to national government simply because they are powers that they have ____________ had

Example Acquire territory, ____________ other nations,

immigration, etc. (not many of them)

Necessary and Proper Clause

Gives Congress the power to __________ They can make any laws

that are _______________ and proper in order to run the country

Also called the _________________________ (it has been stretched to cover many issues)

State Powers _______________ Powers (10th Amendment) Powers not _____________ to the national

government in the Const. are ____________ for the states

Example States can prohibit __________________, set

seatbelt laws, require doctors and teachers to have _______________, establish public schools

Most government work that is done is by __________, not national _____________________

Concurrent Powers

Both __________ and national government have these

Example __________, defend

and punish criminals, provide for public ______________

The National Government and the 50 StatesUnit 2, Notes 3

U.S. Constitution

The ________________ was created to preserve the Union between the states. It…

1)Requires government to guarantee certain things to __________

2)Makes it _______________ for national government to do certain things for __________

The Nations Obligation to States

The Constitution places several _________________ on the nat. gov. for the benefit of the states.

They are found in _________________. The Constitution requires the nat. gov. to

_________________ to every state a ________________ form of gov.

But the Constitution does not __________ a Republican ___________ of gov.

The ____________ is generally __________________ to mean a representative gov.

Cont. After the Civil War, ____________ declared

that several Southern States did not have a gov. of _________________ form.

It ______________ to admit ___________ or representatives from those states until they ratified _______, ________ and 15th Amendments and ____________ the voting and other rights of African Americans.

Invasion and Internal Disorder

The ______________ of any one of the 50 states would be met as an attack against the U.S.

The federal system _____________ that each state will keep ____________ within its own borders so the main responsibility for _______________ any riot or internal disorder rest within the state.

However, the Constitution _______________ that a state ____________ not be able to control some situations.

So it guarantees _____________ against ____________ disorder or what the Constitution calls domestic ________________.

Cont. Many _____________ of using federal force to

restore order within a state happened in the _________.

President ________________ ordered US Army troops and National Guard troops to __________ up many riots ___________ to Civil Rights.

Normally a President __________ troops to a state only in answer to a request from its gov. or ______________.

If federal laws are ____________, or national _____________ interfered with, or _____________ property _______________, the President does not have to wait to be asked to send troops.

Respect for Territorial Integrity

The ________________ government is constitutionally bound to respect the ____________ ____________ of each state.

It must recognize the _________ existence and _______________ boundaries of new states.

For example, Congress must __________ members _____________ in each of the states.

Admitting New States Only _____________ has the power to admit new

states. There is only one _____________ on that power. A state ____________ be created by taking

territory from one or more of the ___________ states without the ____________ of the state legislatures involved.

Admission Procedure First the area _____________ statehood asks

Congress for ____________. Congress then __________ the enabling act

this directs the people of the territory to frame a state ______________

A Convention _____________ that constitution which is then put to a popular vote in the ____________ state.

If the __________ approve the _______________ it is submitted to Congress for its consideration.

Cont. If _____________ agrees to ______________

after reviewing the document it passes an act of ____________ to create the new state.

If the ____________ signs the act the new state enters the ___________.

___________ finally admitting a state, Congress has often set ____________ conditions.

But each state __________ the union on an equal ____________ with each of the other __________.

Cooperative Federalism ________________ produces a duel system of gov., one in which 2

basic levels. Operate over the __________ people and the same _______________

at the same time. So its ________________ that both parts cooperate to avoid

______________. Perhaps the best known example of this __________________________

cooperation are the many grants-in-aid programs. Or ___________ of federal money or other ________________ to states

and/or their local __________. Example, a large number or state ______________________ were

______________ as land-grant colleges. These were built with ______________ obtained from the sale of

public ____________ given to states by the Morrill Act of 1862.

Interstate RelationsUnit 2, Notes 4

National Powers Because of ___________ among states that

came from A of C being too __________, the Constitution strengthened the national government’s power to deal ___________ with state ______________

Interstate ____________ No state can enter into a treaty or

______________, but they can __________ into compacts

________________ among themselves Have to have consent of _____________

Full Faith and Credit Clause Constitution says that ___________ states

public acts, records and judicial _______________ be recognized in all states Birth certificates, marriage licenses,

____________, etc. Most often in court proceedings

Example ________ someone from another state- can’t

move to another to avoid _____________

Extradition

The legal ____________ by which a fugitive from justice in one state is returned to ______________

Designed to ______________ person from ____________ justice by fleeing the state

Privileges and Immunities Clause No state can draw __________________

distinctions between own residents and __________ of other __________

Each state must recognize the __________ of an American to travel in or become _______________ of that ________

Any person can ________, rent, sell ______________ in another ________

Can __________ in another __________