Chapter 3

The Federal System

The Federal System

Unitary government: System in which legal authority is possessed by the central government.

Confederation: System in which the central government’s powers come from the state or provincial governments.

Federalism: A system in which functions and legal power are divided between central and state government; both levels can act upon the people.

Federalism in the Constitution Powers of the National Government

Delegated Powers Powers granted to Congress in Article I, Section 8 For domestic policy, the most important delegated

powers are: Power to tax and spend Power to regulate interstate commerce

Federalism in the ConstitutionFor foreign affairs, the most important delegated powers

for Congress are: Power to raise an army Power to declare war

The president is also granted powers in foreign affairs, including:

Commander in chief power Receives ambassadors Negotiates treaties, with the approval of 2/3 of Senate

Federalism in the Constitution Implied Powers

Come from the necessary and proper clause in Article I, Section 8:

“The Congress shall have power . . . To make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all the powers vested by this Constitution in the government of the United States, or in any Department or Officer thereof.”

Federalism in the Constitution Limitations on National Government

Article I, Section 9 denies the national government certain powers:

Cannot pass bills of attainderCannot pass ex post facto lawsLimited ability to suspend the writ of habeus corpus

The Bill of Rights limits the national government.

Federalism in the Constitution

Reserved Powers of the States Reserved powers: Neither delegated to the national

government nor denied to the states, these powers are broad powers of the states.

Authority to pass laws that promote the health, welfare, safety, and morals of states’ residents.

Are protected by the 10th Amendment.

Federalism in the Constitution

Concurrent Powers Concurrent powers: Powers shared by national and state

governments. These include the power to:

Tax and spendBorrow moneyUse the power of eminent domainEstablish courtsEnforce laws

Federalism in the Constitution

The federal system

Federalism in the Constitution Limitations on the States

States cannot act in foreign affairs (Article I, Section 10) Civil rights requirements of the 13th–15th, 19th, 24th,

and 26th Amendments Supreme Court has applied the due process and equal

protection clauses to limit the states.

Federalism in the Constitution

Interstate Relations Full faith and credit clause (Article IV, Section 1)

Requires states to honor the civil rulings of other states. Privileges and immunities clause (Article IV, Section 2)

Prohibits states from discriminating against citizens of other states.

Interstate rendition clause (Article IV, Section 2)Provides that an individual charged with a crime in one

state who is found in another may be returned to the state with jurisdiction over the crime.

Federalism in the Constitution

Interstate Relations Interstate compacts (Article IV, Section 10)

An agreement between 2 or more states, and often approved by Congress, to address interstate problems.

When there is conflict between states, the Supreme Court has original jurisdiction.

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Federalism in the Constitution

Mutual Obligations of the National and State Governments

National Government Obligations The guarantee clause says the national government

must guarantee the states “a republican form of government.”

Protection of the states from foreign invasion and internal violence.

The president has the legal right to act to protect federal property and uphold federal court orders.

Mutual Obligations of the National and State Governments

Obligations of the States Maintain “a republican form of government.” Hold elections for members of Congress. Choose presidential electors.

Mutual Obligations of the National and State Governments

National Supremacy States may not pass laws that conflict with the

Constitution or legal acts of Congress. National laws trump state laws in case of conflict. The Supreme Court resolves conflicts in the federal

system, on the basis of the supremacy clause. Commerce Clause- Heart of Atlanta Hotel v. U.S.

Federalism in Theory and Practice

Two major crises in American history focused on federalism: Civil War The Great Depression and the New Deal policies of

Franklin D. Roosevelt

Federalism in Theory and Practice

Cooperative Federalism Cooperative federalism: A form of federalism that

emphasizes cooperation between the national and state governments to achieve policy goals set by the national government.

Developed in the late 1930s and subsequent decades to enact new legislation and administer social welfare programs.

Ex.-Clean Water Act (CWA)1972; Clean Air Act (CAA)1970; Surface Mining Control and Reclamation Act (SMCRA) 1977

Federalism in Theory and Practice

Grants-in-aid: Sums of money that are given by a higher level of government to lower levels to finance programs. The federal government can set goals and award grants to

states to be used for specific purposes. State and local governments administer the programs.

Federalism in Theory and Practice

The Growth of the Grant System Grants to subnational governments grew dramatically

in the 20th century. President Lyndon B. Johnson’s Great Society programs

of the 1960s:Increased the number of grants and total funds

awarded. Funding continued to grow into the 2000s. http://www07.grants.gov/

Federalism in Theory and Practice

Block grants: Sums of money given by the national government to states to be used for broad general purposes.

President Reagan was successful in increasing the use of block grants, allowing states to set priorities.

Since the Reagan administration, block grant spending has decreased, while the number of categorical grants has grown.

Federalism in Theory and Practice

Centralized FederalismThe view that the national government should define

public problems and provide solutions that state and local governments must follow.

During the Johnson administration, grant aid went to states and localities for civil rights programs, job training, social welfare, transportation, and housing.

Federalism in Theory and Practice

Federalism in Theory and Practice

The New Federalism Republican presidents Richard Nixon (1969–74) and

Ronald Reagan (1981–89) advanced efforts to decentralize, returning authority to the states.

States and localities knew their needs better than distant federal officials.

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Federalism in Theory and Practice

The Supreme Court and Modern Federalism

From 1937 through 1994, the Supreme Court rejected constitutional challenges to all laws passed by Congress based on the commerce clause.

The Court ruled in U.S. v. Lopez (1995) that Congress had overstepped its authority in the Gun Free School Zones Act (1990), invading the reserve powers of the states.