Hist 4020 Federalism

FederalismFederalism

Section 1—Federalism: The Section 1—Federalism: The Division of PowerDivision of Power• 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 delegated to and denied to the Identify powers delegated to and denied to the National Government, and powers reserved for National Government, and powers reserved 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.”

Section 1—Federalism: The Section 1—Federalism: The Division of PowerDivision of Power

• Why It Matters:Why It Matters:– The federal system divides government The federal system divides government

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


• 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


• Why Federalism?Why Federalism?– How to create a strong government, yet How to create a strong government, yet

protect the rights of the States.protect the rights of the States.– Articles of Confederation were too weak.Articles of Confederation were too weak.– Hate for the British strong central Hate for the British strong central

government.government.– The Framers were convinced:The Framers were convinced:

•Government must pose no threat to Government must pose no threat to individual liberty.individual liberty.

•Governmental power must be restrained.Governmental power must be restrained.•Divided power curbs and prevents abuse.Divided power curbs and prevents abuse.


• 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.


• Powers of the National Government.Powers of the National Government.– Delegated Powers—those granted to the Delegated Powers—those granted to the

National Government by the Constitution.National Government by the Constitution.– Expressed Powers—spelled out in words.Expressed Powers—spelled out in words.

•18 clauses, 27 powers—Article I, section 8.18 clauses, 27 powers—Article I, section 8.

– Implied Powers—not spelled out but Implied Powers—not spelled out but reasonably suggested.reasonably suggested.•““Necessary and Proper” ClauseNecessary and Proper” Clause•Convenient and Useful—Elastic ClauseConvenient and Useful—Elastic Clause

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


• Powers of the National Government Powers of the National Government (cont.)(cont.)– The Inherent Powers—few in number, The Inherent Powers—few in number,

but usual and customary for national but usual and customary for national governments.governments.• Immigration, diplomatic affairs, protection Immigration, diplomatic affairs, protection

against rebellion, etc.against rebellion, etc.


• 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.


• Powers Denied to the National Powers Denied to the National Government.Government.– By silence because all national powers By silence because all national powers

must be given expressly, implicitly, or must be given expressly, implicitly, or inherently.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.


• The StatesThe States– Powers Reserved to the States.Powers Reserved to the States.

•Reserved Powers.Reserved Powers.– Can deal with marriage, liquor, pornography, Can deal with marriage, liquor, pornography,

prostitution, gambling, licensure of professionals, prostitution, gambling, licensure 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.


• 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 Inherently the States may not tax the functions of the National Government.functions of the National Government.

•State Constitutions limit State Government State Constitutions limit State Government too.too.


• The Exclusive and the Concurrent The Exclusive and the Concurrent Powers.Powers.– Exclusive Powers:Exclusive Powers:

•Coin moneyCoin money•Make treatiesMake treaties•Lay duties (taxes) on importsLay duties (taxes) on imports•Regulate interstate commerceRegulate interstate commerce

– Concurrent Powers:Concurrent Powers:•TaxationTaxation•Define and punish crimesDefine and punish crimes•Condemn propertyCondemn property•Establish courtsEstablish courts


• The Federal System and Local The Federal System and Local Governments.Governments.– 87,000 units—all part of State Government.87,000 units—all part of State Government.– All local government actions are controlled All local government actions are controlled

by and delegated to them by State by and delegated to them by State Government.Government.

• The Supremacy ClauseThe Supremacy Clause– Article VI, Section 2---”the supreme Law of Article VI, Section 2---”the supreme Law of

the Land.”the Land.”


• The Supremacy ClauseThe Supremacy Clause– Article VI, Section 2---”the supreme Law Article VI, Section 2---”the supreme Law

of the Land.”of the Land.”– The Supreme Court and Federalism.The Supreme Court and Federalism.

•McCulloch v. Maryland—1819, involved the McCulloch v. Maryland—1819, involved the attempt of the Maryland legislature to tax attempt of the Maryland legislature to tax the Second Bank of the United States.the Second Bank of the United States.

•The Supreme Court is the “umpire” of the The Supreme Court is the “umpire” of the federal system.federal system.

Section 2—The National Section 2—The National Government and the 50 StatesGovernment and the 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


• Why It Matters:Why It Matters:– In this country, the power to govern is In this country, the power to govern is

shared by the National Government and shared by the National Government and each of the 50 States (including their each of the 50 States (including their thousands of local governments). Given thousands of local governments). Given this fact, conflicts are inevitable—and this fact, conflicts are inevitable—and cooperation is absolutely necessary.cooperation is absolutely necessary.


• 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 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 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 “Domestic Violence.” Governor usually requests.requests.

– Race conflict of the 1960sRace conflict of the 1960s– Ravages of natureRavages of nature

– Respect for Territorial IntegrityRespect for Territorial Integrity


• Admitting New StatesAdmitting New States– No new state may be created by taking No new state may be created by taking

territory from another without their territory from another without their consent.consent.

– 37 added since the original 1337 added since the original 13•Enabling ActEnabling Act

•State Constitution prepared.State Constitution prepared.

•Popular vote.Popular vote.

•Act of Admission by Congress.Act of Admission by Congress.


• Admitting New States (cont.)Admitting New States (cont.)– Conditions for AdmissionConditions for Admission

•Rare restrictionsRare restrictions

•Restrictions are often void after admission.Restrictions are often void after admission.


• Cooperative FederalismCooperative Federalism– Shared powersShared powers

•Federal Grants-in-AidFederal Grants-in-Aid– Northwest Ordinance provision for education—Northwest Ordinance provision for education—

17871787– Morrill Act of 1862—to fund educationMorrill Act of 1862—to fund education– Education, low-income housing, local law Education, low-income housing, local law

enforcement, mental health, etc.enforcement, mental health, etc.

•Revenue Sharing—1972-1987—few strings, Revenue Sharing—1972-1987—few strings, only non-discrimination.only non-discrimination.


• Shared PowersShared Powers– Types of Federal GrantsTypes of Federal Grants

•Categorical GrantsCategorical Grants– School lunch, sometimes require matching.School lunch, sometimes require matching.

•Block Grants—broader than CategoricalBlock Grants—broader than Categorical

•Project Grants—more specificProject Grants—more specific

– Other Forms of Federal AidOther Forms of Federal Aid•FBI assistance, National Guard, Lulu FBI assistance, National Guard, Lulu

paymentspayments

– State Aid to the National GovernmentState Aid to the National Government•Conduct elections, use jails, naturalizationConduct elections, use jails, naturalization

Section 3—Interstate Section 3—Interstate RelationsRelations• 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 and explain its purpose.purpose.

– Discuss the purpose of the Privileges and Discuss the purpose of the Privileges and Immunities Clause.Immunities Clause.

Section 3—Interstate Section 3—Interstate RelationsRelations

• 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 North Carolina driver’s license were not North Carolina driver’s license were not valid when you drove through Ohio? valid 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.


• 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 CompactsInterstate Compacts– Must have the consent of CongressMust have the consent of Congress– More than 200 Compacts exist todayMore than 200 Compacts exist today

• Full Faith and CreditFull Faith and Credit– Applies only to civil, not criminal matters.Applies only to civil, not criminal matters.– Divorces may not be recognized.Divorces may not be recognized.

•Williams v. North CarolinaWilliams v. North Carolina– ““Intent” to be a resident was determinant.Intent” to be a resident was determinant.


• ExtraditionExtradition– MandatoryMandatory

• Privileges and ImmunitiesPrivileges and Immunities– Cannot favor residents over othersCannot favor residents over others– For some privileges residency can be a For some privileges residency can be a

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

Hist 4020 Federalism

Education

Transcript of Hist 4020 Federalism