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American Government

Mr. Stevens
Unit 4 (Federalism) Guided Notes
Chapter 4: The Federal System
Section 1: National and State Powers
The Division of Powers:
The Constitution has divided governments authority by giving the national
government and the states their own powers. It has also allowed both levels of
government to share powers.
There are three types of national powers (also known as delegated powers):
1. Expressed
2. Implied
3. ______________________________
1. Expressed: powers directly expressed or stated in the Constitution (most are
found in the first three articles).
-This includes things like the power to levy taxes, coin money, and declare war,
raise an army and navy, and regulate commerce among the states.
National and State Powers
2.) Implied powers: not specifically listed, implied powers are those that people
would assume the government should have.
For example, an expressed power is for the government to raise an army. It is
implied then, that the government has the authority to have a draft, if necessary.
Basically, to imply something isnt to directly _________________________ something. If
a student is late to class I might look at them, look at my watch, and then back at
them. Although I didnt say anything directly, I implied that I wasnt happy about
them being late.
The basis for implied powers comes from Article I, Section 8 of the U.S. Constitution.
Its often referred to as the elastic clause because it allows Congresss powers to
stretch. It says
Congress shall make all laws which shall be necessary and proper for carrying into
execution the foregoing powers, and all other powers vested by this Constitution in
the Government of the United States.
Necessary and proper can mean about ___________________________, and thats why
they say Congress can stretch its powers.
3.) Inherent powers: powers that the national government may exercise simply
because it is a government.
Wait, what? Basically, this is to say that the government inherently (or obviously is
another way to put it) can do certain things, like control immigration or establish
diplomatic relations with other countries. Not all of these powers are directly stated
in the Constitution, so thats why it has its own category.
The __________________________ have their own powers, too. Powers that are reserved
specifically for the states are called (you guessed it) reserved powers.

Those powers can include things like establishing local governments, issuing
teaching licenses, fishing and hunting licenses, overseeing local police departments,
and school systems (among many other things).
The Supremacy Clause
-States that the federal government is supreme over all other levels of
__________________________.
-Comes from Article VI, Section 2 of the Constitution.
Concurrent Powers
-Powers that are shared between the federal and state levels.
-For example, collecting taxes--both states and the federal government have the
authority to take this money from you.
-Look at your next paycheck--you will see on there that both the state of Nebraska
and federal government are taking taxes out.
There are ways to see how_________________________ takes action in America. Natural
disasters are one example.
-In Nebraska, its often the local fire and police departments who immediately
respond.
-The National Guard can also help out if the problem/disaster is big enough.
-If the disaster is very large, the state can apply
for help from the federal government.
Also, Congress has the power to admit new states to the union.
-An enabling act must be passed by Congress. A territory and its people can write a
constitution after the President of the United States signs the enabling act.
-Only ____________________________ can approve of this entire process.
-Here, both the local, state, and federal governments all work together to add a new
state (Hawaii and Alaska are our two newest states).

Section 2: Relations Among the States


-The Constitution spells out relations among the states
-Conflicts and ____________________________ among the states had been a major
reason for factoring this into the Constitution
-Article IV of the Constitution requires states do the following:
1.) Give full faith and credit to the laws, records, and court decisions of other states
2.) Give one anothers citizens all the privileges and immunities of their own
citizens
3.) Extradite citizens--also spelled out in the Constitution (returning criminals to
where they belong)
-The governor of one state must request the person from the state in which that
individual is at
-The governor of the other state doesnt have to say yes though
-States have to honor the civil laws (laws relating to the disputes between
individuals or groups) of other states
-If you want to move between states, use the courts, buy, sell or trade
_______________________, you can
-The privileges and immunities clause does not apply for everything. Some
exceptions:

-Voting
-Tuition costs
-The Constitution requires states to settle disputes between one another without
force. They are required to negotiate interstate compacts, that must be approved by
Congress.
Relations Among the States
-By 1900, only 13 interstate _________________________ had received congressional
approval (most of which involved boundary disputes between states)
-Today, there are nearly 200 compacts that are in force
-States use compacts for things like air and water pollution, toll bridges and
transportation
Relations Among the States
-Some states go to court over things like water rights (especially in the western
U.S.)
Section 3: Developing Federalism
There are many opinions on how the government should be ran. Some favor local
control, some prefer control at higher levels such as the federal government.
States Rights: says that _______________________ should be in control.
Nationalist: says that the federal government should have more power.
The size and scope of the federal government has grown over time.
-The expansion of the national government has come largely at the expense of the
states.
-Three major provisions have given the federal government major authority. They
are
1. War powers
2. Commerce power
3. Taxing power
1. War powers
-In modern times, creating a national defense system is _________________________.
-The national government believes (and rightly so) that it needs to be involved in
education and the economy to ensure that the nation is strong enough to defend
itself.
2.) Commerce power
-Supreme Court decisions have expanded the constitutional power of the national
government to regulate commerce.
-The term commerce can mean producing, buying, selling, and transporting
goods.
3.) Taxing power
-The _________________ amendment (1913) gave Congress the power to levy an
income tax.
-The tax on individual income has become the major source of revenue for the
national government.
Federal aid to the states:
-As the national government has grown and enlarged its powers, Congress has
developed two major ways to influence the policies of state and local governments:
-by providing federal grants of money

-by requiring state and local governments to follow certain policies


Congress has always provided different types of ____________________ to the states.
-In 1862, Congress passed a law (Morrill Act) that gave nearly 6 million acres of
public land to the states for the support of colleges. The University of NebraskaLincoln derives from this, for example.
-Since the 1950s, federal aid to the states has increased tremendously.
The main way to provide money to the states is through grants--sums of money
given to the states or local governments for specific purposes.
-The federal government collects money from people in all 50 states, then
redistributes that _____________________. Inequalities can be reduced if done
effectively.
-States and their representatives fight for this money in Washington, D.C.
-Along with the money, however, comes a lot of red tape from the federal
government.
-Examples of grants could be money for roads or airport runways.
Preemption laws:
-These are laws that when passed, allow the federal government to essentially take
over a state government function.
-For example, the 1990 Nutritional Labeling and Education Act stated that states
couldnt set their own food labeling standards (even when those standards were
higher than the national standards).
-Advocates of states rights dont like preemption because it takes away state and
local _______________________ to make their own laws and policies.
Chapter 4, Section 4
Federalism and Politics
Debates over state and federal roles are common in our federal system. Thats
because carrying out most policies requires a degree of shared responsibility.
-In cases of emergencies, for example, both levels of government often believe they
have the right to play the _____________________ role.
Federalism and Public Policy
-A policy is a stated course of action for addressing certain problems or issues.
-These can range from stores to schools (no weapons, no parking in certain places,
etc.).
-When a government settles on a course of action, we call it public policy.
Federalism influences public policy in two important ways.
1. It influences how and where _______________________ are made.
2. It places certain limits on policy making.
-The U.S. has many different units of government--50 state government and
thousands of local governments.
-This fact promotes experimentation in policy-making. State and local governments
can serve as proving grounds for the development and testing of new policies.
-For example, Georgia was the first state to allow 18-year-olds to vote.
-Colorado pioneered the use of sunset laws (a provision in a law that sets an
automatic end date for the law; lawmakers are forced to review the need for
continuing the law beyond that date).

-In 1967, Florida legislators were the first in the nation to pass a sunshine law, or
open meetings law. _________________________ laws prohibit public officials from
holding closed meetings.
-Many states have since adopted sunset and sunshine laws
-Very often policy originates at the ___________________________ level. Congress can
impose policies on states if local groups resist a federal law that infringes on
peoples basic rights.
-Notable examples include the 1950s and 1960s, when Martin Luther King, Jr. helped
lead the civil rights movement. They fought for their constitutional rights. The
federal government sent troops to pressure the states to enforce the law.
-Rival political parties are a key element of democratic government.
-Because of federalism, politics in the United States is not a desperate all-or-nothing
struggle for control of the national government.
-Federalism makes it possible for different parties to be victorious in state, local, and
federal elections.
-After the Civil War, the _____________________________ party went into a long period
of decline on the national level.
-The party survived at the local and state level, however (mostly in the South).
-From 1952 to 2008, they controlled the White House for only 5 of 14 presidential
terms.
Political Participation:
-Federalism increases opportunities for American citizens to participate in politics. A
citizen can choose to run for local office, lobby the state government, or campaign
for national office.
-Americans have the chance to vote fairly often--for governors, state lawmakers,
mayors, city council members, school board members, etc.
-Citizens may also work with special-interest groups to influence national policies
and state and local government agencies.
-A group of concerned neighbors might petition the county zoning board to set aside
nearby land for a public playground, for example.
Increasing Chances of Success:
-A related effect of federalism is an increased chance that ones political
participation will have some practical ____________________________________.
-Because that is true, people are more likely to become involved in political activity.
-In a campaign for city council in a small town, for example, one has to persuade
relatively few voters to elect them.
-The great increase in federal programs since the 1930s has called for a large
bureaucracy, or organization of government administrators, to carry out legislation.
-As these bureaucrats gained expertise, they offered more and more ideas. People
who worked for the Department of Health and Human Services, for example, had
nursing or medical degrees.
-These people with specialized training who influenced policy became known as
technocrats because of their technical expertise.
-The increase in federal programs has also changed how state and federal officials
relate to one another.
-As _______________________and state officials sought to take advantage of the new
federal programs, they were forced to work more closely with federal officials.

-Organizations such as the United States Conference of Mayors established


headquarters in Washington, D.C. to keep up with events to stay in touch with
lawmakers.
Differences Among the States:
-Federalism allows each state to have different qualities. Some states have higher
taxes than others, a greater emphasis on healthcare, and more regulation of
business.
-This allows people to choose the type of environment they want to live in.
The Direction of Federalism:
-Since the nations founding, there has been debate about what the proper division
of powers between the national government and states should be.
-In recent decades, Democrats have generally supported a nationalist position.
Republicans, on the other hand, have supported a states rights position. Legislation
in Congress has reflected both opinions.
Example of both nationalist and states rights positions being used in recent years:
Nationalist: Congress has strengthened national ________________________ of food
safety standards and the regulation of telecommunications.
States Rights: Congress has given more power to control how states spend
money for development of rural areas, letting states choose their own speed limits,
and acquire more responsibility for social _________________________ programs.