Federalism: States and Nation

Chapter 3

Federalism

• How many gov’t’s are there is the U.S.?

- federal, state, & local gov’ts• Federalism- a system under which gov’t

powers are divided between the central gov’t and smaller units, such as states.

• 3 systems of gov’t (pg 48)

Why federalism in U.S.?

• Retained state rights & strong gov’t

• Works in larger countries

Powers of Federal Gov’t

• Constitution specifically lists what the national gov’t can do

• Enumerated powers- powers specifically granted to nat’l gov’t by constitution

- article 1 sec 8 of constitution

- necessary & proper clause

- congress can do whatever is necessary to carry out its powers

Powers of States Gov’ts• Reservation clause- 10th amendment of

Constitution (p 383)

- control own boundaries

• Formal amendments

• Selection of nat’l gov’t officials

- senators & representatives/ president

Relations among the states

• Full Faith and Credit (article IV)

- contracts/ decisions of courts honored

• Privileges and Immunities

- citizen of a state has the same rights as the citizens of another state in which he or she happens to be

Concurrent powers

• Shared powers between Nat’l gov’t & States

• States are prohibited from certain actions

• * states are limited to their geographic area

Federalism in the Constitution

• Supremacy clause- In Article VI of the Const., the constitution itself and the laws and treatises of the U.S. are the supreme law of the land, taking precedence over state laws and constitutions.

Cooperative Federalism• States & nat’l gov’t work together to

solve problems

• Categorical (most) & Block Grants

- 100 billion in 1985 / 225 billion in 2005

• Federal Mandates (require action)

- underfunded mandates (NCLB)

Discussion

• How much money is Congress limited to when borrowing?

• How does Congress determine where it has the power to build roads?

• Who has the power to call the national guard into service?

• Who has the “power of the purse?”

At Issue

• Native Americans affairs (pg 54)