CHAPTER 4
THE NATION AND STATES – FEDERALISM
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DIVISION OF POWERS
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DELEGATED POWERS – THOSE POWERS GIVEN TO THE NATIONAL GOVERNMENT
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EXPRESSED – WRITTEN – ARTICLE I, 8, 1 - 17
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IMPLIED – UNWRITTEN – ARTICLE I, 8, 18
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INHERENT – POWERS RECOGNIZED AS A NATION
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IMMIGRATION, NATURALIZATION, DEPORTATION, ACQUIRING TERRITORY
o RESERVED POWERS
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BASIS FOUND IN AMENDMENT 10
o CONCURRENT POWERS – SHARED POWERS
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EXAMPLE – POWER TO TAX
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POWERS DENIED
TO THE NATIONAL GOVERNMENT ( ART I,
9)
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CANNOT TAX EXPORTS
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CANNOT PASS BILLS OF ATTAINDER
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ATTAINDER OF BLOOD
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INCREASING PUNISHMENT OF A CRIME
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CANNOT PASS EX POST FACTO LAWS
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CANOT GRANT TITLES OF NOBILITY
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CANNOT DENY HABEAS CORPUS
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POWERS DENIED
TO STATES (ARTICLE I, 10)
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ALL OF THE ABOVE IN ADDITION TO THOSE GREAT POWERS OF PURSE AND SWORD
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MAKE TREATIES
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RAISE AND SUPPORT AN ARMY
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COIN MONEY
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THE SUPREMACY
CLAUSE (ART VI, 2)
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BINDS THE NATION AND STATES TOGETHER IN THE FEDERAL
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INCLUDES: THE CONSTITUTION, AMENDMENTS, NATIONAL LAWS, TREATIES,
JUDICIAL DECISIONS, EXECUTIVE AGREEMENTS, AND EXECUTIVE ORDERS
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MC CULLOUGH V. MARYLAND
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THIS IS SAID TO BE THE LYNCHPIN OF THE CONSTITUTION
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THE SUPREME COURT IS THE FINAL ARBITER IN ALL DISPUTES
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REPUBLICAN FORM OF GOVERNMENT
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TERRITORITORIAL INTEGRITY
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PROTECTION FROM INVASION AND INTERNAL INSURRECTION
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EXTRADITION
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CONDUCT OF ELECTIONS
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NATURALIZATION PROCEEDURE
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LAWS, RECORDS, AND JUDICIAL DECISIONS
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BY RECOGNIZING THE AUTHORITY OF THEIR SISTER STATES, THE STATES ARE
RECOGNIZING THEIR OWN AUTHORITY
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PRIVILEDGES AND IMMUNITIES
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RESIDENCY REQUIREMENTS FOR VOTING AN EXCEPTION
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EXTRADITION
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SYMBIOTIC RELATIONSHIP
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THE NATIONAL GOVERNMENT SHALL NOT
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SHOW PREFERENCE
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DISCRIMMINATE BETWEEN STATES
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LU LU PAYMENTS
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GRANTS IN AID
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FEDERAL LAND GRANTS