Chapter 4: Federalism

What is Federalism?

Federalism is the way we divide power between the central national government, and the regional state governments

Why do we use a Federalist System?

Framers believed government was a threat to individual libertyGovernment must therefore be restrainedDividing the powers Limits Government

Advantages of Federalism

Allows local action in matters of local concernAllows people to be more connected to policymaking at the local levelCreates the chance to experiment with policies in a small area before applying them everywhere

Differences Between StatesIn Oregon and New Jersey, it is illegal to pump your own gasIn Nevada, it is illegal to ride a camel on state highwaysIn Texas, criminals are required to inform their victims of the crime to be committed 24 hours in advance, either verbally or in writing

Differences Between States

In Massachusetts, it is illegal to go to bed without taking a full bathIn Ohio, it is illegal to get fish drunkIn California, it is illegal for a car without a driver to exceed 60 miles per hour

Powers of the National Government

Delegated Powers - The national government has only the powers that are delegated to it by the ConstitutionThree types of delegated powers: Expressed Powers Implied Powers Inherent Powers

Expressed PowersPowers that are spelled out in the Constitution very specifically (expressly)

Also known as “enumerated powers”Most are found in Art. I, Sect. 8

Expressed Powers (cont’d)

Examples: coin money, raise and maintain armed forces, declare war, fix standards of weights and measures…

Implied PowersPowers of the national government which are not expressly stated in the Constitution, but which are reasonably suggested (implied) by the expressed powersNecessary and Proper Clause! Article I, Section 8, Clause 18

Implied Powers (cont’d)

Examples: Building of dams Building of the Interstate highway

system Criminalizing racial discrimination

Necessary and Proper has been interpreted to mean “convenient and useful,” so anything that the national government sees as convenient and useful might be made into federal law.

Inherent Powers

Powers not expressly stated by the Constitution, but which belong to the United States government because it is a sovereign state in the world community

Inherent Powers (cont’d)

Examples: Regulate immigration Acquire territory Protect nation against rebellion or other attempts to overthrow the nation by force or violence

(There aren’t a lot of these.)

Denied Powers(of the National Government)Levy duties (tax) exportsTake private property for public use without just compensation (Eminent Domain)To deny rights that are found in the Bill of Rights, such as freedom of speech, religion, press and assemblyArticle I, Sect. 9=Denied Powers of Congress

Denied Powers(not expressed)

Limited Government: The government only has those powers which the people, through the Constitution, have given it, so anything else is denied.The power to make a national public school systemThe power to enact marriage and divorce laws for the whole countryThe power to set up local government

Powers of the StatesReserved Powers: Those powers which the Constitution does not delegate (grant) to the National Government, but does not, at the same time, deny to the statesAmendment 10!

Reserved Powers“The Powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

- 10th Amendment

Examples of Reserved Powers

Drivers’ licenses Marriage licenses School system Enacting land use lawsRegulating drinking ageOutlawing gambling (There are tons of things the states have powers to do.)

Denied Powers(of State

governments)Expressly denied:No entering into alliances, treaties, or a confederationNo printing or coining of moneyNo depriving people of their rights(Anything denied in the U.S. or their state’s constitution)Inherently denied:No taxing of the federal government

Exclusive vs. Concurrent Powers

Exclusive Powers – Those which are delegated to the National Government alone. States cannot exercise these powers.Concurrent Powers – Those which both the states and the national government can exercise

Concurrent PowersExamples: Levy and collect taxes Borrow money Establish courts Define crimes and set punishments

Claim private property for public use (when there is just compensation)

The Nation’s Obligations to the States

The national government is Constitutionally required to guarantee the following things for the states: Republican form of government

– basically means a representative government

The Nation’s Obligations to the States

Protection from Invasion and Internal Disorder – federal government will use force when the state can’t handle a problem

Respect for Territorial Integrity – it must legally acknowledge the existence and boundaries of the states

Admitting New States1st: an area desiring to be a state would ask Congress for admission2nd: Congress chooses if and when to pass an enabling act3rd: a convention prepares the constitution, and put to a popular vote4th: when it is passed by the people, it is sent to Congress5th: if Congress approves it, they will pass an act of admission, which the President must sign for it to become a state

ClausesFull Faith and Credit Clause “Full Faith and Credit shall be given

in each State to the public Acts, Records, and judicial Proceedings of every other State.” –Art. I, Sect. 1

Privileges and Immunities Clause “The Citizens of each State shall be

entitled to all Privileges and Immunities of Citizens in several States.” – Art. IV, Sect. 2

Exceptions to Full Faith and Credit

Full Faith and Credit only applies to Civil cases, not criminal cases! States cannot punish someone on

behalf of another stateStates do not have to recognize each others’ divorces if the people were not true residents of the state granting the divorce

Other Requirement

Extradition – a fugitive from justice who flees a state must be returned to the state where he committed the crimeThis prevents criminals from being able to escape consequences of their actions

Cooperative Federalism

Sometimes, the state and national governments fight over powerThere are also ways that they help each other

Federal GrantsGrant – money from the federal government given to the states This money helps the states run

programs like education and welfare without going broke

The federal government sets conditions for receiving the grant, which gives it more influence over the state

Types of GrantsCategorical Grant – money for a specific, defined purposeBlock Grant – money for a broad purpose, few strings attachedProject Grant – money for programs like research or job training, could be given to universities or private businesses

Other Help for the States

FBI helps state and local policeArmy helps National GuardCensus Bureau’s data is free research for the statesAnd more!

State help for the National Government

All elections are paid for and run by the statesLocal police often catch the criminals the FBI is searching forNaturalization takes place in state courtsAnd more!