Chapter FourChapter Four

FederalismFederalism

Section OneSection One

Did you know…Did you know… Some states have no Some states have no

privately-owned liquor privately-owned liquor stores?stores?

In New Jersey and Oregon In New Jersey and Oregon you can’t pump your own you can’t pump your own gas?gas?

You don’t have to register You don’t have to register to vote in North Dakota?to vote in North Dakota?

Euthanasia is allowed in Euthanasia is allowed in Oregon?Oregon?

There is no sales tax in There is no sales tax in Alaska, Oregon, Montana, Alaska, Oregon, Montana, Delaware, or New Delaware, or New Hampshire?Hampshire?

Why Federalism?Why Federalism?

Meets nation’s needs while Meets nation’s needs while preserving strength of states.preserving strength of states.

Articles of Confederation had been Articles of Confederation had been too weaktoo weak

Beliefs of writersBeliefs of writers– Government (possible) threat to freedomGovernment (possible) threat to freedom– Government must be restrainedGovernment must be restrained– Division curbs power and prevents abuseDivision curbs power and prevents abuse

What is Federalism?What is Federalism?

Division of government Division of government between national and between national and state/local governmentsstate/local governments

Neither can change Neither can change constitution aloneconstitution alone

Individual officials and lawsIndividual officials and laws Two levels with own area of Two levels with own area of

authorityauthority Power over same people at Power over same people at

same time.same time.

With Federalism states can With Federalism states can decide themselves about….decide themselves about….

Liquor lawsLiquor laws GasolineGasoline Voter registrationVoter registration Structure of state Structure of state governmentgovernment Ethical lawsEthical laws Sales taxSales tax EducationEducation etcetc

Sometimes we need the help Sometimes we need the help of the national government!of the national government!

DefenseDefense Foreign affairsForeign affairs Natural disastersNatural disasters Etc.Etc.

Powers, DividedPowers, Divided

National GovernmentNational Government

Delegated Powers – “granted” Delegated Powers – “granted” powerspowers– Three typesThree types

ExpressedExpressed ImpliedImplied InherentInherent

Expressed PowersExpressed Powers

Stated directly AKA enumeratedStated directly AKA enumerated Article I, Section 8 (Congress)Article I, Section 8 (Congress)

– 18 clauses18 clauses– 27 powers27 powers

Article II, Section 2 (Presidential)Article II, Section 2 (Presidential) Article III (Judicial)Article III (Judicial) Amendments – some give powersAmendments – some give powers

Implied PowersImplied Powers

NOT expressed, but suggestedNOT expressed, but suggested Article I, Section 8, Clause 18Article I, Section 8, Clause 18

– ““Necessary and Proper” ClauseNecessary and Proper” Clause– AKA The Elastic ClauseAKA The Elastic Clause– Powers to CongressPowers to Congress– Can mean many things ex. CommerceCan mean many things ex. Commerce

" to make all laws, which shall be necessary and proper, for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, in any department or officer thereof."

Inherent PowersInherent Powers

Belong to all sovereign Belong to all sovereign statesstates

Historically possessedHistorically possessed ExamplesExamples

– ImmigrationImmigration– DeportationDeportation– Diplomatic RecognitionDiplomatic Recognition– Protection against Protection against

rebellionrebellion

Denied PowersDenied Powers

Expressly denied (can’t conduct Expressly denied (can’t conduct search without a warrant)search without a warrant)

Through Silence (no nat’l school Through Silence (no nat’l school system)system)

Due to federalism (cannot threaten Due to federalism (cannot threaten existence of states)existence of states)

State GovernmentsState Governments

Reserved PowersReserved Powers– 1010thth Amendment – if not given to the Amendment – if not given to the

national government or denied to the national government or denied to the states then belong to the statesstates then belong to the states

– Examples: marriage, liquor, licenses, Examples: marriage, liquor, licenses, gambling, public schoolsgambling, public schools

Most of what is done by government Most of what is done by government is done at the state levelis done at the state level

State, cont.State, cont.

Denied PowersDenied Powers– Expressed – no treaties, coining money, etcExpressed – no treaties, coining money, etc– Due to federal system (cannot tax Due to federal system (cannot tax

government agencies)government agencies)

Shared PowersShared Powers

AKA Concurrent PowersAKA Concurrent Powers TaxationTaxation Defining crimes and punishmentsDefining crimes and punishments Eminent DomainEminent Domain Not granted exclusively to the Not granted exclusively to the

National GovernementNational Governement

Section TwoSection Two

Three things the National Three things the National Government must do for the statesGovernment must do for the states– Guarantee a “Republican form of Guarantee a “Republican form of

government” or Representative government” or Representative governmentgovernment

– ProtectionProtection– Respect of territorial integrityRespect of territorial integrity

Adding a new stateAdding a new state

Residents ask Congress for Residents ask Congress for AdmissionAdmission

Congress passes Enabling ActCongress passes Enabling Act Residents write a constitutionResidents write a constitution Congress passes an Act of AdmissionCongress passes an Act of Admission President signsPresident signs Territory becomes stateTerritory becomes state

Cooperative Federalism Cooperative Federalism (money and information)(money and information)

Police Information – ex. FBI Police Information – ex. FBI helphelp

Revenue Sharing – stopped Revenue Sharing – stopped with Reaganwith Reagan

Land Grants - ex. Texas A & Land Grants - ex. Texas A & MM

Grants – in – aid ProgramGrants – in – aid Program– Categorical Grant – specific Categorical Grant – specific

purposepurpose– Block Grant – broad purposeBlock Grant – broad purpose– Project Grant – must apply Project Grant – must apply

and compete for fundsand compete for funds

State aid to National State aid to National GovernmentGovernment

Carry out and pay for electionsCarry out and pay for elections

Section ThreeSection Three

Supremacy of the Supremacy of the National GovernmentNational Government– Stated in ConstitutionStated in Constitution– Article VI, Section 2Article VI, Section 2– State laws cannot State laws cannot

conflict with conflict with Constitution or National Constitution or National lawslaws

– McCulloch v. Maryland McCulloch v. Maryland asserted supremacyasserted supremacy

US Constitution

National laws

SC judgements

State laws

Local laws

Interstate RelationsInterstate Relations

States cannot make treaties with one States cannot make treaties with one anotheranother

Interstate compacts to deal with Interstate compacts to deal with shared problemsshared problems

Full Faith and Credit ClauseFull Faith and Credit Clause– Must honor laws of other statesMust honor laws of other states– Must honor records of other statesMust honor records of other states– Must honor court decisions of other statesMust honor court decisions of other states– Only civil mattersOnly civil matters

Privileges and Immunities ClausePrivileges and Immunities Clause– No state can discriminate against a person No state can discriminate against a person

who is from another statewho is from another state– Travelers, doing business, becoming a residentTravelers, doing business, becoming a resident– Exception - some states do have residency Exception - some states do have residency

requirements for votingrequirements for voting

ExtraditionExtradition– Returning a criminal to the state where they Returning a criminal to the state where they

committed a crime if capturedcommitted a crime if captured