Federalism

Introduction

Decisions YOU make

Decisions made WITH YOUR PARENTS

Decisions made by PARENTS

Federalism = Cake

Federalism Separation of federal and state govt.

– Similar to you and your parents– Divides power and responsibility

Est. in 10th amendment – Powers not given to the federal govt. or not

prohibited by the states are the states’ responsibility

Delegated power– Powers the Constitution grants the national govt.

National Powers Expressed or Enumerated

– Directly stated in the Constitution – Mostly in articles 1-3

Implied – Article 1 section 8= elastic clause (McCulloch v. Maryland)– Powers not directly stated, but needed to carry out the

Constitution – Example= the draft

Inherent – Powers exercised simply because it is a government – Example= controlling immigration, diplomatic relations

Powers continued…

Supremacy Clause – Article VI, section 2– Federal law is supreme (McCulloch v. Maryland)

Concurrent powers – Powers that both federal and state government

have – Example= power to tax, maintain courts, etc.

Interstate Relationships

Article IV Constitution requires that…

– Give “Full Faith and Credit”– Each citizen is given all the “privileges and

immunities” – Extradite

Full Faith and Credit

Each state must recognize the legal proceeding and laws of other states – Example: marriage license, car registration

Applies only to civil law – Disputes between individuals or groups

Ensure that every citizen is equal in all states Keeps people from running from legal trouble

Summary

Define federalism. Why is federalism important? How does federalism affect our

government?