Federalism

Why Federalism?

•The Framers were dedicated to the concept of limited government. They were convinced….1. That governmental power poses a threat

to individual liberty2. That therefore the exercise of

government power must be restrained3. And that to divide governmental power,

as federalism does, is to curb it ad so prevent so abuse.

Federalism

•System of government in which a written constitution divides the powers of government on a territorial basis between a central, or national, government and several regional governments, usually called states or provinces

•The Constitution provides for a division of powers, assigning certain powers to the National Government and certain powers to the States

Powers of the National Government•The National Government is a

government of delegated powers, meaning that it only has those powers delegated (granted) to it by the Constitution.

•There three types of delegated powers

Delegated Powers1. Expressed Powers

▫ Those found directly with in the Constitution

2. Implied Powers▫ Not expressly stated in the Constitution,

but are reasonably suggested, or implied by, the expressed powers

3. Inherent Powers▫ Powers, that overtime, the National

Government has come to posses Ex: immigration regulation

Powers Denied to the National Government•Power is denied in three distinct ways

1. Some powers like the power to levy (tax) duties on exports or prohibit the freedom of religion, speech, press, or assembly, are expressly denied to the National Government in the Constitution.

2. Also, some powers are denied because the Constitution is silent on the issue

3. Some powers are denied b/c the federal system does not intend the national Government to carry out those functions

The StatesPowers Reserved to the States

Powers Denied to the States

• 10th amendment declares that the States are governments of reserved powers▫ Those powers the

Constitution does not grant to the National Government and does not at the same time, deny to the states

• Powers denied expressly and inherently

Exclusive and Concurrent PowersExclusive Powers Concurrent Powers

• Powers that can exercised by the National Government alone

• Ex: making coin money, treaties w/ foreign states, and to lay taxes on imports

• Powers both National Government and States posses and exercise

• Ex: Levy and collect taxes, define crimes and set punishments, and claim private property for public use.

Local Government•There are more than 87,000 units of local

government in the United States today. •Each of these local units is located within

one of the 50 States. Each state has created these units through its constitution and laws

•Local governments, since they are created by States, are exercising State law through their own means.

The Division of Power

The Supremacy Clause

•The Supremacy Clause in the Constitution establishes the Constitution and the United States laws as the “supreme law of the land”

•Chart pg. 94

The National Government and

the 50 States

The Nations Obligations to the States• Republican Government

▫The Constitution requires the National Government to “guarantee to every state in this Union a Republican form of government”

• Invasion and Internal Disorder▫The National Government is also required to provide

defense of the States from foreign invasion, and aid in protecting against “domestic violence.” Go in when asked or if national laws are being broken,

national functions being interfered with, or national property being damaged

Natural disasters• Respect for Territorial Integrity

▫The National Government is constitutionally bound to respect the territorial integrity of each of the States.

Admitting New States• Only Congress has the power to admit a new State

to the Union.1. State asks congress for permission2. Congress passes an enabling act, an act directing

the people of the territory to frame a proposed state constitution

3. If congress agrees to statehood after reviewing the submitted state constitution, it passes an act of admission, an act creating a anew state.

• Congress can not put restriction of a political nature on the States Admission▫Coyle v. Smith – Says the National Government can

put restrictions on State Admission but they can not compromise the independence of the state to manage its own internal affairs

Cooperative Federalism

Federal Grants-in-Aid Revenue Sharing

• Grants-in-Aid programs are grants of federal money or other resources in the States and/or their cities, countries, and other local units

• Revenue sharing, used between 1972 and 1987, gave an annual sharing of federal tax revenues to the States and their local government.

Even though the basis of federalism is the division of powers between levels of government, there is still much cooperation between them.

The Nation’s Obligations to the States•Categorical Grant

▫Made for some specific, closely defined purpose, such as school lunch programs or the construction of airports, or water treatment plants. There are usually conditions, or “strings” attached to regulate the use of these funds.

▫Restrictions Use money only for specific purposes States must make its own monetary contribution Provide an agency to administer the grant Obey a set of guidelines made for the particular

purposes for which the money was given

The Nation’s Obligations to the States

•Block Grants▫Portions of money allocated to States to use

for broader purposes, such as health care, social services, or welfare. Block grants often are granted with fewer strings attached.

•Project Grants▫Provided to states, localities, and sometimes

private agencies that apply to them. They are used for a variety of purposes ranging from medical research to job training and employment programs.

Other Forms of Aid

•FBI•Army and Air Force•Census Bureau•Lulu payments- federal money which goes

to local governments where there are large federal landholdings. ▫Take place of property taxes

Interstate RelationsSection 3

Interstate Compacts•No state may enter into any treaty,

alliance. Or confederation•However, the states may, with consent of

Congress, enter into inter state compacts- agreements among themselves wand with foreign states

•More than 200 compacts are now in force and range in a variety of uses from sharing law enforcement data to resources development and conversation.

Full Faith and Credit•The Full Faith and Credit Clause of the

Constitution ensures that States recognize that laws and, documents, and court proceedings of the other States

•There are two exceptions to the clause though:1. One State cannot enforce another State’s

criminal laws2. Full faith and credit need not e given to

certain divorces granted by one State to residents of another State.

Extradition•Extradition is the legal process by which a

fugitive from justice in one State is returned to that State

•Extradition is upheld through Article IV, Section 2, Clause 2 of the Constitution.

•Governors are the State executive that handle the extradition process

•If a governor is unwilling to return a fugitive to a State, federal courts can intervene and order that governor to do so.

Privilege and Immunities•The privileges and Immunities Clause

provides that no State can draw reasonable distinctions between its own residents and those persons who happen to line in other states

•States cannot, for example, pay lower welfare benefits to newly arrived residents than it does to its long-term residents, Saebs v. Roe, 1999

•However, States can draw reasonable distinctions between its own residents and those of other space, such as charging out-of-state residents higher tuition for state universities.