Name: Date:___________Period:_______
Chapter 4 Notes
“Let the ______________________, bound together in a _____________ and _____________________________, concur in erecting _____________________________________________________.”
-Alexander Hamilton, The Federalist No. 11
Introduction
• How is power divided between the Federal Government and the States?
– Certain __________________powers , such as the power to coin money, are exercised only by the federal government.
– ___________________powers, such as the power to establish public schools, are exercised only by the States.
___________________ powers, such as the power to tax, are shared by the States and the federal government.
Federalism
• The Framers believed that government power must be _______________________ and limited so that it cannot threaten individual liberty.
• The Constitution divides power between the federal government and the States through _______________________.
– Federalism creates __________ basic levels of government that overlap.
– Each level has some powers _______________ to the other level.
Federalism Cont…
• Federalism allows local governments to handle ______________ concerns while the national government deals with national issues.
– This gives each of the States some __________________________ when dealing with challenges.
– Successful State programs, such as welfare reform, can influence national policies as well as policies in other States.
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• Federalism also lets the nation respond in a united way to serious crises like __________ or natural disasters.
Expressed Powers
• The congressional powers specified in the Constitution in Article I include the power to ___________ money, ___________ armed forces, and levy ___________.
• Other expressed powers are granted to the President in Article II and the Supreme Court in Article III.
Checkpoint: Why is the Necessary and Proper Clause sometimes referred to as the Elastic Clause?
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– The Necessary and Proper Clause gives Congress the power to make all laws “necessary and proper” for carrying out its expressed powers, so it is said to ____________________ to cover many situations.
– Congress exercises many _____________________________ that are based upon its expressed powers. These implied powers include building the interstate highway system and banning racial discrimination in public places.
Inherent Powers
– Every national government has certain powers, called ____________________ powers. These inherent powers are not based on the Constitution.
– Inherent powers include acquiring territory, ___________________ the nation, regulating ___________________, and conducting diplomacy.
Denied Powers
• The Constitution denies certain powers to the federal government.
– Some powers are specifically _______________, such as the power to prohibit freedom of religion, speech, press, or assembly.
– Other powers, like creating a national school system, are denied because they cannot be based on ____________________ powers.
– Finally, the national government cannot have powers that would _______________________ the existence of the federal system.
State Reserved Powers
• The ______ Amendment reserves to the States all powers not given to the federal government or denied to the States.
– These powers include the ______________ power, which lets a State protect and promote public health, morals, safety, and general welfare.
– State and local governments use the huge scope of the reserved powers to perform many of their __________ actions.
• Issuing driver’s ___________________ is a power reserved to the States.
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– Most States require a written, on-road, and vision test.
– The age at which teenagers can get a license and the rules new drivers must follow _________ from State to State.
Powers Denied to the States
• The Constitution specifically denies some powers to the States.
– Some of these powers are also denied to the federal government.
– Other powers denied to the States are __________________ to the federal government. For example, States cannot tax imports or coin money, but the federal government can.
– The States are denied some powers by the nature of the federal system.
– No State can _______ the federal government or regulate interstate trade.
Concurrent Powers & Sharing Responsibility
• ______________________powers are shared by the federal government and State governments. They allow the federal system to function.
• They include all powers not exclusive to the national government or denied to the States.
– Local governments use these powers only with the permission of their State.
• Some powers are exercised by both levels of government, as you can see in the circle.
– Why do both levels of government have the power to establish law enforcement agencies?
1. __________________________________________________________________________________________
Supreme Law
• The Constitution is the _________________________ law of the land, standing above all treaties and acts of Congress.
– Below these federal laws come State laws.
• In a federal system, State and federal laws sometimes ____________________.
• The Supreme Court settles conflicts between State and federal laws.
– The Court can rule a State or federal law to be _______________________________.
Supreme Law
• In the 1819 case McCulloch v. Maryland, the Court ruled that when federal and State laws conflict, the federal law wins if it is constitutional.
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How does the disastrous result in this cartoon illustrate the Supremacy Clause?
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Review Question
How is power divided between the Federal Government and the States?
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Section 2
Introduction
• According to the Constitution, what must the National Government guarantee to each State?
– A _____________________ form of government
– Protection from invasion and internal __________________
– Respect for territorial integrity
Guarantees and Protections
• The Constitution guarantees each State a republican form of government.
– This guarantee is interpreted to mean that each State must have a ________________________ government.
• The Federal government must protect the States from invasions and domestic violence.
– Federal force has ________ been used to restore order inside a State, though it happened in the 1960s during the civil rights movement.
Other Protections
• Presidents normally send in troops by State __________________, but if national laws, functions, or property are endangered, they do not need to wait for a request.
• The national government must ____________________ the legal existence and physical borders of each State.
– Each State must be represented in the U.S. Congress.
Admitting New States
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• The _________________________________________________ set the rules for admitting new States.
– It established the principle that U.S. territories could become ________________ members of the nation once they had a high enough population.
• Only Congress can _________________ new States.
– A new State cannot be made from the territory of any existing States without their consent.
• Congress has admitted 37 States since the nation was founded.
– Most States spent at least 15 years as part of territories before admission.
– In 1959, Hawaii and Alaska became the last two States added to the Union.
Admission Procedure
• Checkpoint: What must a territory do once an enabling act is passed by Congress?
– An area desiring _____________________________ first asks Congress for admission. If Congress agrees, it passes an enabling act.
– The territory must then hold a ________________________________ to write a proposed constitution. This constitution must then be approved first by territorial voters and later by Congress.
• If Congress approves the State constitution, it passes an act of ___________________, which the President must then sign to admit the new State.
• Congress may require a State to meet certain _____________________ before being admitted.
– For example, Utah was not admitted until it outlawed polygamy.
• These conditions cannot interfere with a State’s independent right to manage its own internal ___________.
Louisiana Becomes a State
• The Louisiana Territory was bought by President Thomas Jefferson from France in 1803. This purchase nearly doubled the size of the United States.
• By 1810, 77,000 people lived in the area of what is now the State of Louisiana and they wished to acquire Statehood.
• In 1812, Louisiana became the 18th State.
Federal Grants
• Congress began granting federal _____________ and _____________ to the States early in the nation’s history.
– Land grants were often used to establish schools, colleges, and roads, while cash grants were less common until the 1930s.
– Today there are more than _____________ grant programs offering about $300 billion.
– States often depend on this money to fund services, which increases the influence of the federal government in many policy areas.
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Types of Federal Grants
• Congress sets aside money for three types of grants-in-aid:
– ___________________ grants must be used only for a specific purpose. They require States to contribute their own funds, have an agency monitoring the grant, and obey federal guidelines for using the grant money.
– _____________ grants have broader goals and fewer strings attached.
– _____________ grants fund various State and local projects
Other Types of Aide
• Federal organizations help many State institutions do their __________.
– The FBI assists State and local police.
– The U.S. military trains and equips State National Guard Units.
– The federal government also pays local governments the equivalent of property ____________ on federal land.
• State governments assist the national government in many ways.
– State and local governments pay for and organize the ___________________ process.
Review
According to the Constitution, what must the National Government guarantee to each state?
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Section 3
Introduction
• How do the States work together to preserve the Union?
– State governments make ______________________ compacts.
– States offer full faith and credit to the laws, official records, and court rulings of other States.
– States extradite ___________________ to other States.
– States respect the privileges and immunities of _____________________ of other States.
Interstate Compacts
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• States can enter agreements with other States and with foreign governments with the ____________________ of Congress.
– The number of these agreements has increased over time.
• There are interstate _________________________ to share law enforcement data, counter global climate change, encourage cooperation between public universities, and coordinate the conservation of water and wildlife
Full Faith and Credit
• The _____________________________________ Clause of the Constitution requires each State to honor and enforce the laws, official documents, and court rulings of other States.
– Documents issued in one State—such as birth certificates—must be ___________________ in all States.
Article V – Full Faith and Credit for Dummies
Section 1
1. What three legal items must each state recognize in all other states?
Section 2
2. What does section 2 say about discrimination?
3. What does extradited mean?
Section 4
4. Which branch of government regulates the admittance of new states?
Exceptions
• There are __________ key exceptions to the Full Faith and Credit Clause:
– It applies only to the _____________ laws of each State, not the criminal laws.
– If a person who does not live in a State is granted a divorce by that State, the State in which that person actually resides can refuse to recognize the divorce.
Marriage and Divorce
• Only the State in which a couple has established residency can grant them a divorce.
• In the past same-sex marriages were outlawed by the federal government and 41 States.
– However in 2015 the Supreme Court decision in Obergefell V Hodges argued that same-sex marriage was protected under the ______________________________
• Interracial marriage was illegal in many States until the Supreme Court ruled in 1958 that such laws were unconstitutional.
Extradition
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• The Constitution states that people charged with a crime in one State who flee to another State must be extradited—_______________________ to the State where they were originally charged.
– Typically a State governor asks another State governor to return any captured fugitives. Such requests are usually _______________.
– If extradition is challenged, the federal government can ___________ a governor to extradite a fugitive.
Privileges and Immunities
• No State can make ______________________ distinctions between its residents and residents of another State.
– Each State must recognize the right of any American to ___________ in or become a resident of that State.
– Citizens can also marry, buy, own, rent, or sell property, and use the courts in any State, no matter where they ____________.
• States can make ________________________ distinctions between their residents and those of other States.
– People can be required to live in a State for certain period of time before they can ______________, hold public office, or be licensed in certain professions.
– States can also charge higher ___________________ to out-of-State hunters, fishers, or students attending a State’s public universities.
Checkpoint: Why might a State be restricted from making distinctions between its residents and those of another State?
– This could lead to ________________ social or economic treatment of U.S. citizens, such as preferential hiring of in-State residents or lower welfare benefits for newly arrived residents.
– It could also cause _________________ between States.
Review - How do the states work together to preserve the union?
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