Ch. 4 Federalism. What is federalism? Division between state and national government Division...
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Transcript of Ch. 4 Federalism. What is federalism? Division between state and national government Division...
What is federalism? What is federalism?
Division between state and Division between state and national governmentnational government
Major Strength: allows local action Major Strength: allows local action in matters of local concern and in matters of local concern and national action in matters of national action in matters of national concern.national concern.
Why did the Framers feel that Why did the Framers feel that a division of powers was a division of powers was
needed?needed? Governmental power poses a threat to Governmental power poses a threat to
libertyliberty
Therefore the exercise of governmental Therefore the exercise of governmental power must be restrainedpower must be restrained
By dividing governmental power, they By dividing governmental power, they were preventing its abusewere preventing its abuse
Where in the Constitution is Where in the Constitution is the division stated? the division stated?
10th Amendment10th Amendment
THE FEDERAL SYSTEM AND THE FEDERAL SYSTEM AND LOCAL GOVERNMENTLOCAL GOVERNMENT
33 levels of govt. (Division of levels of govt. (Division of Govt) Govt) NationalNational StateState LocalLocal
Powers of the National Powers of the National Government Government
Called delegated Called delegated 3 types: 3 types:
ExpressedExpressed ImpliedImplied InherentInherent
Expressed PowersExpressed Powers
a.k.a. enumerated powersa.k.a. enumerated powers
27 given to Congress27 given to Congresspage 96page 96
Implied PowersImplied Powers
Not expressly stated in the Constitution Not expressly stated in the Constitution but are reasonably suggested but are reasonably suggested ( ( implied)implied)
Article I, Section 8, Clause 18 – Article I, Section 8, Clause 18 – Necessary and Proper Clause ( Elastic Necessary and Proper Clause ( Elastic Clause)Clause)
Page 96-97Page 96-97
Inherent Powers Inherent Powers
Belong to National Govt. because it is Belong to National Govt. because it is the govt. of a sovereign state within the govt. of a sovereign state within the world community. the world community.
Only claimed by national govt., not Only claimed by national govt., not statesstates
Page 97Page 97
Powers Reserved to the Powers Reserved to the StatesStates
Called Reserved Powers ( powers Called Reserved Powers ( powers that the Constitution does not grant that the Constitution does not grant to the National govt. and does not, at to the National govt. and does not, at the same time, deny to the States the same time, deny to the States
Page 99Page 99
Concurrent PowersConcurrent Powers
Powers delegated to both the Powers delegated to both the National Govt. and the State National Govt. and the State Govt. Govt.
Page 99-100Page 99-100
StatesStates
Full Faith and Credit Clause – Full Faith and Credit Clause – “…“…shall be given in each State to the shall be given in each State to the
public Acts [laws of the state], public Acts [laws of the state], Records [birth documents, marriage, Records [birth documents, marriage, property], and judicial Proceedings property], and judicial Proceedings [court outcomes] of every other [court outcomes] of every other State.”State.”
Extradition Extradition
the surrender of an alleged offender the surrender of an alleged offender or fugitive to the state in whose or fugitive to the state in whose territory the alleged offence was territory the alleged offence was committed committed
Local GovernmentLocal Government
More than 87,000 local More than 87,000 local governments within U.S.governments within U.S.
Can provide services, regulate Can provide services, regulate activities, and collect taxes. activities, and collect taxes.
Derive power from State Derive power from State governments. governments.
Dual powers can create Dual powers can create conflicts within the govt. so conflicts within the govt. so how does the govt. resolve how does the govt. resolve
them?them? The Supremacy ClauseThe Supremacy Clause
The Supremacy ClauseThe Supremacy Clause
“ “ This Constitution, and the Laws of the This Constitution, and the Laws of the United States which shall be made in United States which shall be made in Pursuance thereof; and all Treaties made, or Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of which shall be made, under the Authority of the United States, shall be the supreme Law the United States, shall be the supreme Law of the Land; and the Judges in every State of the Land; and the Judges in every State shall be bound; thereby, any Thing in the shall be bound; thereby, any Thing in the Constitution or Laws of any state to the Constitution or Laws of any state to the Contrary notwithstanding.”Contrary notwithstanding.”
The Supremacy ClauseThe Supremacy Clause
The Constitution and the laws and The Constitution and the laws and treaties are the Supreme law of the treaties are the Supreme law of the land. land.
Called the “linchpin of the Called the “linchpin of the
Constitution” because it joins the Constitution” because it joins the National Govt. and States into a National Govt. and States into a single governmental unit.single governmental unit.
Invasion and Internal Invasion and Internal DisasterDisaster
The Constitution states that the The Constitution states that the National Govt. must protect States National Govt. must protect States from Invasion and against domestic from Invasion and against domestic violence.violence.
clear that any invasion on a state clear that any invasion on a state would be an attack on the U.S. would be an attack on the U.S.
However, this wasn’t always the case: However, this wasn’t always the case:
Invasion and Internal Invasion and Internal DisasterDisaster
Local govts- take care of peace, internal Local govts- take care of peace, internal disorder, etc. disorder, etc.
When a govt. cannot control area, then When a govt. cannot control area, then State steps in. State steps in.
When is help needed by the federal govt.? When is help needed by the federal govt.? 1960s – Race Riots1960s – Race Riots 2005 – New Orleans2005 – New Orleans Usually President sends in troops at the Usually President sends in troops at the
request of Governor or legislature.request of Governor or legislature.
Interstate RelationsInterstate Relations
Interstate Compacts – Interstate Compacts – States can enter agreements among States can enter agreements among
themselves and with foreign states.themselves and with foreign states. All 50 States have joined in two:All 50 States have joined in two:
The Compact for the Supervision of Parolees The Compact for the Supervision of Parolees and Probationersand Probationers
Compact on JuvenilesCompact on Juveniles
Privileges and ImmunitiesPrivileges and Immunities
No State can draw unreasonable No State can draw unreasonable distinctions between its own distinctions between its own residents and those persons who residents and those persons who happen to live in other States.happen to live in other States. (Each state must recognize the right of (Each state must recognize the right of
any American to travel in or become a any American to travel in or become a resident of another State)resident of another State)
McCulloch vs. Maryland McCulloch vs. Maryland (1819)(1819)
Background: Background: 1816 – Congress chartered the 21816 – Congress chartered the 2ndnd National Bank National Bank ( one branch in Baltimore)( one branch in Baltimore)1818 – Maryland passed a “stamp tax”1818 – Maryland passed a “stamp tax”
Tax on paper used by National Bank Tax on paper used by National Bank Use specialty paper or fined.Use specialty paper or fined.
James McCulloch – cashier, refused to use paper or James McCulloch – cashier, refused to use paper or pay fine. pay fine.
Maryland took to court, McCulloch lostMaryland took to court, McCulloch lost Appealed to Supreme Court, McCulloch wonAppealed to Supreme Court, McCulloch won
McCulloch vs. Maryland McCulloch vs. Maryland cont.cont.
Issue: Issue: Does any state have the right to tax an Does any state have the right to tax an
agency of the US Government? agency of the US Government? Does Congress have the right to Does Congress have the right to
establish a national bank?establish a national bank?
McCulloch vs. Maryland McCulloch vs. Maryland cont.cont.
Debate: Debate: Maryland felt they could tax national Maryland felt they could tax national
bank because Constitution didn’t bank because Constitution didn’t specifically prohibit it.specifically prohibit it.
McCulloch said no – goes against Supremacy McCulloch said no – goes against Supremacy ClauseClause
Can US have a national bank and place Can US have a national bank and place it in the states without approval? it in the states without approval?
McCulloch said yes – “implied powers”McCulloch said yes – “implied powers”
McCulloch vs. Maryland McCulloch vs. Maryland cont.cont.
Decision Decision Unanimous for McCulloch – states can’t Unanimous for McCulloch – states can’t
tax the national governmenttax the national government Congress can create a national bank – Congress can create a national bank –
“implied powers”“implied powers”
Significance - Federal law Significance - Federal law superseded state law. superseded state law.