Chapter 4Chapter 4The Federal SystemThe Federal System

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Federalism: The Division of Federalism: The Division of PowerPower• Objectives:Objectives:

– Define federalism and explain why the Framers Define federalism and explain why the Framers chose this system of government.chose this system of government.

– Identify powers Identify powers delegateddelegated to and denied to the to and denied to the National Government, and powers National Government, and powers reservedreserved for for and denied to the States.and denied to the States.

– Understand that the National Government Understand that the National Government holds exclusive powers; it also holds holds exclusive powers; it also holds concurrent powers with the States.concurrent powers with the States.

– Explain the place of local governments in the Explain the place of local governments in the federal system.federal system.

– Examine how the Constitution functions as “the Examine how the Constitution functions as “the supreme Law of the Land.”supreme Law of the Land.”

Federalism: The Division of Federalism: The Division of PowerPower• Political Dictionary:Political Dictionary:

– FederalismFederalism– Division of powersDivision of powers– Delegated powersDelegated powers– Expressed powersExpressed powers– Implied powersImplied powers– Inherent powersInherent powers– Reserved powersReserved powers– Exclusive powersExclusive powers– Concurrent powersConcurrent powers

Federalism: The Division of Federalism: The Division of PowerPower• Why It Matters:Why It Matters:

– The federal system divides government power in The federal system divides government power in order to prevent its abuse. There are two basic order to prevent its abuse. There are two basic levels of government in the federal system---levels of government in the federal system---National and State. The Supreme Court settles National and State. The Supreme Court settles disputes between the two.disputes between the two.

– Federalism Federalism is a way of organizing a nation so that is a way of organizing a nation so that both national and state levels of government have both national and state levels of government have authority over the same land people. authority over the same land people. For instance For instance we have federal and state laws we must follow.we have federal and state laws we must follow.

Federalism: The Division of Federalism: The Division of PowerPower• Federalism Defined:Federalism Defined:

– Division of powers between a National Division of powers between a National Government and various State Government and various State governments.governments.

– Dual system with areas of authority.Dual system with areas of authority.– Preserves local character of laws.Preserves local character of laws.

•Liquor, gasoline, voter registration, sales tax, Liquor, gasoline, voter registration, sales tax, income tax, drivers licenses, unicameral, etc.income tax, drivers licenses, unicameral, etc.

– Big matters like national defense and Big matters like national defense and natural disasters can be handled nationally.natural disasters can be handled nationally.

Federalism: The Division of Federalism: The Division of PowerPower• Powers of the National Government.Powers of the National Government.

– Delegated PowersDelegated Powers—those granted to the National Government by —those granted to the National Government by the Constitution. the Constitution.

– 18 clauses, 27 powers—Article I, section 8.18 clauses, 27 powers—Article I, section 8.– Expressed PowersExpressed Powers—Meaning directly stated in the Constitution —Meaning directly stated in the Constitution

spelled out in words. These are the first 17 clauses.spelled out in words. These are the first 17 clauses.• Authority includes the power to levy and collect taxes, to coin money, Authority includes the power to levy and collect taxes, to coin money,

to make war, to raise and army and navy, and to regulate commerce to make war, to raise and army and navy, and to regulate commerce among the states.among the states.

– Implied PowersImplied Powers—not spelled out but reasonably —not spelled out but reasonably suggested. suggested. • ““Necessary and Proper” Clause the 18Necessary and Proper” Clause the 18thth clause clause• It empowers Congress to pass laws needed to carry out the It empowers Congress to pass laws needed to carry out the

enumerated powers.enumerated powers.• Convenient and Useful—Elastic ClauseConvenient and Useful—Elastic Clause

– Highways, interstate crime, racial discrimination, interstate Highways, interstate crime, racial discrimination, interstate commerce.commerce.

Necessary and Proper Clause-Necessary and Proper Clause-Article 1 sec. 8 (Elastic Clause)Article 1 sec. 8 (Elastic Clause)• ““Congress shall have power…to make all Congress shall have power…to make all

Laws which shall be necessary and proper Laws which shall be necessary and proper for carrying into Execution the Foregoing for carrying into Execution the Foregoing powers, and all other powers vested…in powers, and all other powers vested…in the Government of the United States…”the Government of the United States…”The Supreme Court and Federalism.

McCulloch v. Maryland—1819, involved the attempt of the Maryland legislature to tax the Second Bank of the United States.This case resulted in the foundation for the expansive authority of Congress. It was focused around a strict or broad interpretation of the necessary and proper clause. The Supreme Court ruled in favor of a broader interpretation.The Supreme Court is the “umpire” of the federal system.

Federalism: The Division of Federalism: The Division of PowerPower• Powers of the National Government Powers of the National Government

(cont.)(cont.)– The Inherent Powers—few in number, but The Inherent Powers—few in number, but

usual and customary for national usual and customary for national governments. Those powers that the national governments. Those powers that the national government may exercise simply because it government may exercise simply because it is a government are its inherent powers.is a government are its inherent powers.• Immigration, diplomatic affairs, protection against Immigration, diplomatic affairs, protection against

rebellion, etc.rebellion, etc.

Federalism: The Division of Federalism: The Division of PowerPower• Powers Denied to the National Powers Denied to the National

Government.Government.– Powers to levy duties on exports Powers to levy duties on exports

between states.between states.– Prohibit freedom of religion, speech, Prohibit freedom of religion, speech,

press, or assembly.press, or assembly.– Conduct illegal searches or seizures.Conduct illegal searches or seizures.– Deny to any person accused of a crime a Deny to any person accused of a crime a

speedy and public trial or trial by jury.speedy and public trial or trial by jury.

Federalism: The Division of Federalism: The Division of PowerPower• Powers Denied to the National Powers Denied to the National

Government.Government.– By silence because all national powers must By silence because all national powers must

be given expressly, implicitly, or inherently.be given expressly, implicitly, or inherently.•Power to create a public school system.Power to create a public school system.•Enact uniform marriage and divorce laws.Enact uniform marriage and divorce laws.•Set up local units of government.Set up local units of government.

– Powers that would destroy the federal Powers that would destroy the federal system.system.•Taxation of States in doing their natural Taxation of States in doing their natural

functions.functions.

Federalism: The Division of Federalism: The Division of PowerPower• The StatesThe States

– Powers Reserved to the States.Powers Reserved to the States.•Reserved PowersReserved Powers..

– Can deal with Can deal with marriagemarriage, liquor, pornography, , liquor, pornography, prostitution, gambling, prostitution, gambling, licensure of professionalslicensure of professionals, , drug trafficking, land use laws, regulation of drug trafficking, land use laws, regulation of utilitiesutilities

– Police powerPolice power– Section 2 of the 21Section 2 of the 21stst Amendment grants unlimited Amendment grants unlimited

power to regulate the manufacture, sale, and power to regulate the manufacture, sale, and consumption of alcoholic beverages.consumption of alcoholic beverages.

Federalism: The Division of Federalism: The Division of PowerPower• The States (cont.)The States (cont.)

– Powers Denied to the States.Powers Denied to the States.•Treaties, alliances, or confederations.Treaties, alliances, or confederations.•Print or coin money.Print or coin money.•Deprive one of life, liberty, or property without Deprive one of life, liberty, or property without

due process of law.due process of law.• Inherently the States may not tax the functions Inherently the States may not tax the functions

of the National Government.of the National Government.•State Constitutions limit State Government too.State Constitutions limit State Government too.

What happens when states exceed their reserved powers and pass laws that conflict with national laws? Which law is supreme?

Article VI, Section 2---makes the acts and treaties of het United States supreme. For this reason it is called the supremacy clause Federal law=”the supreme Law of the Land.”No state law or state constitution may conflict with any form of national law.

The Supremacy Clause

Federalism: The Division of Federalism: The Division of PowerPower

Concurrent PowersConcurrent Powers: The powers the : The powers the federal government and the states federal government and the states share. Each level of government share. Each level of government exercises these powers independently. exercises these powers independently.

•TaxationTaxation•Define and punish crimesDefine and punish crimes•Condemn propertyCondemn property•Establish courtsEstablish courts•Create lawsCreate laws

The National Government and The National Government and the 50 Statesthe 50 States• Objectives:Objectives:

– Summarize the obligations that the Summarize the obligations that the Constitution places on the nation for the Constitution places on the nation for the benefit of the States.benefit of the States.

– Explain the process for admitting new Explain the process for admitting new States to the Union.States to the Union.

– Examine the many and growing areas of Examine the many and growing areas of cooperative federalismcooperative federalism

The National Government and The National Government and the 50 Statesthe 50 States• Political Dictionary:Political Dictionary:

– Enabling ActEnabling Act– Act of AdmissionAct of Admission– Grants-in-Aid ProgramGrants-in-Aid Program– Revenue SharingRevenue Sharing– Categorical GrantCategorical Grant– Block GrantBlock Grant– Project GrantProject Grant

The National Government and The National Government and the 50 Statesthe 50 States• The Nation’s Obligation to the StatesThe Nation’s Obligation to the States

– Republican Form of GovernmentRepublican Form of Government•Not defined but generally means Not defined but generally means

“representative.” The Supreme Court says “representative.” The Supreme Court says this is a political question.this is a political question.

•After the Civil War Southern States had to After the Civil War Southern States had to ratify the 13ratify the 13thth, 14, 14thth, and 15, and 15thth Amendments to Amendments to be readmitted.be readmitted.

– Until they did they were considered “not-Until they did they were considered “not-republican.”republican.”

The National Government and The National Government and the 50 Statesthe 50 States• The Nation’s Obligations to the States The Nation’s Obligations to the States

(cont.)(cont.)– Invasion and Internal DisorderInvasion and Internal Disorder

•Original intention is obsolete.Original intention is obsolete.•Now occasionally used to protect against Now occasionally used to protect against

“Domestic Violence.” Governor usually requests.“Domestic Violence.” Governor usually requests.– Race conflict of the 1960sRace conflict of the 1960s– Ravages of natureRavages of nature

– Respect for Territorial IntegrityRespect for Territorial Integrity

The National Government and the 50 The National Government and the 50 StatesStates• Admitting New StatesAdmitting New States

– No new state may be created by taking territory from No new state may be created by taking territory from another without their consent.another without their consent.

– 37 added since the original 1337 added since the original 13• The steps necessary for a territory to become a stateThe steps necessary for a territory to become a state

– Enabling ActEnabling Act-The procedure for admission begins when -The procedure for admission begins when Congress passes the enabling act. An enabling act, when Congress passes the enabling act. An enabling act, when signed by the president, enables the people of the territory signed by the president, enables the people of the territory interested in becoming a state to prepare a constitution.interested in becoming a state to prepare a constitution.

– State Constitution prepared and reviewed by Congress.State Constitution prepared and reviewed by Congress.– Popular vote(to approve the constitution).Popular vote(to approve the constitution).– Act of Admission by CongressAct of Admission by Congress..

– Conditions for AdmissionConditions for Admission•Rare restrictionsRare restrictions•Restrictions are often void after admission.Restrictions are often void after admission.

Interstate RelationsInterstate Relations• Objectives:Objectives:

– Explain why States make interstate Explain why States make interstate compacts.compacts.

– Understand the purpose of the Full Faith Understand the purpose of the Full Faith and Credit Clause.and Credit Clause.

– Define Define extraditionextradition and explain its purpose. and explain its purpose.– Discuss the purpose of the Privileges and Discuss the purpose of the Privileges and

Immunities Clause.Immunities Clause.

Interstate RelationsInterstate Relations• Why It MattersWhy It Matters

– What if Texas citizens were not allowed What if Texas citizens were not allowed to travel to Oklahoma, or needed a to travel to Oklahoma, or needed a special passport to do so? What if your special passport to do so? What if your Texas driver’s license were not valid Texas driver’s license were not valid when you drove through Ohio? when you drove through Ohio? Fortunately, several key provisions in Fortunately, several key provisions in the Constitution promote cooperation the Constitution promote cooperation between and among the States.between and among the States.

Interstate RelationsInterstate Relations• Political Dictionary:Political Dictionary:

– Interstate CompactInterstate Compact– Full Faith and Credit ClauseFull Faith and Credit Clause– ExtraditionExtradition– Privileges and Immunities ClausePrivileges and Immunities Clause

Interstate RelationsInterstate Relations• Interstate CompactsInterstate Compacts-written agreements between -written agreements between

two or more states. Compacts may deal with issues two or more states. Compacts may deal with issues like water/air pollution, toll bridges, and like water/air pollution, toll bridges, and transportation.transportation.– Must have the consent of Congress (prevents states from Must have the consent of Congress (prevents states from

threatening the Union by making alliances)threatening the Union by making alliances)– More than 200 Compacts exist todayMore than 200 Compacts exist today

• Full Faith and CreditFull Faith and Credit-Each state must recognize the -Each state must recognize the laws and legal proceedings of the other states. For laws and legal proceedings of the other states. For example a car registration of one state must be example a car registration of one state must be accepted by all other states. Without this each state accepted by all other states. Without this each state could treat all other states like foreign countries.could treat all other states like foreign countries.– Applies only to civil, not criminal matters.Applies only to civil, not criminal matters.

Interstate RelationsInterstate Relations• ExtraditionExtradition--Mandatory “A person charged in any Mandatory “A person charged in any

state with treason, felony, or other crime, who shall state with treason, felony, or other crime, who shall flee from justice and be found in another State, shall flee from justice and be found in another State, shall on demand of the executive authority of the State on demand of the executive authority of the State from which fled, be delivered up, to be removed to from which fled, be delivered up, to be removed to the State having jurisdiction of the crime.”the State having jurisdiction of the crime.”

• Privileges and ImmunitiesPrivileges and Immunities-This clause means that This clause means that one state may not discriminate unreasonably against one state may not discriminate unreasonably against citizens of another state. Ex- Charging people more citizens of another state. Ex- Charging people more in toll fees if they are not from Texas.in toll fees if they are not from Texas.– For some privileges residency can be a required For some privileges residency can be a required

standard---voting, hunting/fishing, out of state standard---voting, hunting/fishing, out of state tuition, etc.tuition, etc.

Lawsuits Between StatesLawsuits Between States• Suits among two or more states are Suits among two or more states are

heard in the United States Supreme heard in the United States Supreme Court, the only court in which one Court, the only court in which one state may sue another.state may sue another.

• Cases may involve topics like water Cases may involve topics like water rights, sewage,pollution and rights, sewage,pollution and boundary rights.boundary rights.

Federalism and PoliticsFederalism and Politics• The course of action a government takes in The course of action a government takes in

response to some issue or problem is called response to some issue or problem is called public policy. Federalism affects public policy public policy. Federalism affects public policy in two ways. First, it affects how and where new in two ways. First, it affects how and where new policies are made in the U.S. Second, it policies are made in the U.S. Second, it introduces limits on government policy making.introduces limits on government policy making.

• Colorado pioneered the use of Colorado pioneered the use of sunset lawssunset laws. It . It requires periodic checks of government requires periodic checks of government agencies to see if they are still needed.agencies to see if they are still needed.

• Florida passed a Florida passed a sunshine lawsunshine law prohibiting public prohibiting public officials from holding closed meetings.officials from holding closed meetings.