Chapter 4: Federalism

2. Chapter 4: Federalism Section-1 Dividing Government Power Overture Section-2American Federalism: Conflict and Change Section-3Federalism Today

3. Section 1 at a Glance Dividing Government Power • After much debate, the Framers designed a federal system that they hoped would strengthen the national government and protect states’ rights. • The Constitution divides power between two levels of government: national and state governments. • The Constitution delegates certain powers to the national government.

4. Section 1 at a Glance {continued} Dividing Government Power {continued} • The powers granted to state governments are called reserved powers. • Concurrent powers may be exercised by the national and state governments. • States must give full faith and credit to the laws of other states.

5. Dividing Government Power Main Idea The Framers of the Constitution established a federal system that divides powers and responsibility between the national and state governments. Reading Focus • Why did the Framers choose federalism? • What powers does the national government have? • What powers do state governments have?

6. Dividing Government Power Reading Focus {continued} • What powers are shared by both the national government and the state governments? • How does the Constitution limit the powers of the state and national governments? • How does the Constitution guide the relationships between the nation and the 50 states?

7. Federalism in Action

8. Why Federalism? American federalism was invented in Philadelphia in 1787. When delegates to the Constitutional Convention met to consider strengthening the national government, federalism was an obvious choice. • New nation struggled to function as confederation • Without power to raise funds, national government was not strong enough to deliver stability or economic unity • Unitary rule was out of the question • Founders were suspicious of strong central govt (British monarchy) • Framers wanted a republic • Relied on philosophers who advocated self-rule and limited government—Hobbes, Rousseau, Smith

11. Reading Check Identifying Supporting Details Why did the Framers choose federalism?

12. Reading Check Identifying Supporting Details Why did the Framers choose federalism? Answer(s): to establish a stronger national government without removing too much power from the states

13. National Powers The Constitution outlined a federal system that would provide strong national government and protect states’ rights. In the U.S. federal system, some powers belong to the national government, others are reserved for the states, and still others are shared by both. Expressed Powers • Expressed powers: powers granted to national government by Constitution • Article I, Section 8: expressed powers of legislative branch—power to issue money, collect taxes, pay debts, regulate trade, declare war, raise and maintain armed forces

14. Expressed powers of other two branches listed in Articles II, III Article II gives president power to command armed forces, conduct foreign relations Article III gives judicial branch power to rule on constitutional issues, cases involving U.S. government, disputes among states

15. Implied Powers • Implied powers: not specifically listed but logical extensions of expressed powers • Article I, Section 8: • Necessary and Proper Clause • Also referred to as elastic clause; used to stretch powers of Congress • highways, regulating food, collecting taxes

16. Inherent Powers • Inherent powers: historically recognized as naturally belonging to all governments that conduct business of sovereign nation • U.S. government has inherent powers simply because it is a national government • Power not specifically granted by Constitution: power to acquire new territory, conduct foreign affairs

17. Reading Check Contrasting How do expressed, implied, and inherent powers differ from one another?

18. Reading Check Contrasting How do expressed, implied, and inherent powers differ from one another? Answer(s): Expressed powers are enumerated in the Constitution. Implied powers are not enumerated, but are logically suggested by expressed powers. Inherent powers have been recognized as belonging to all sovereign nations

19. State Powers • Constitution has less to say about state powers • James Madison: national powers “few and defined,” state powers “numerous and indefinite” • 1791: Bill of Rights reserved powers clause—”powers not delegated to the United States…reserved to the States respectively”

20. Reserved powers belong to states because they are not delegated to national government, nor prohibited from states • Regulate health, public safety, morals, general welfare of state citizens • Other reserved state powers: ability to regulate marriage, form local governments, control public school systems, establish and enforce laws • Power to regulate businesses operating within borders, issue licenses to doctors, lawyers, barbers, hairdressers

22. Reading Check Summarizing What powers does the Tenth Amendment give to the states?

23. Reading Check Summarizing What powers does the Tenth Amendment give to the states? Answer(s): It gives states those powers that are neither given to the United States nor prohibited to the states.

24. Shared Powers In addition to their reserved powers, states may also share powers with the national government. If the Constitution does not specifically state that a power belongs exclusively to the national government, then the states may exercise that power, too. • Power to collect taxes is a concurrent power: power held by national government, state governments at same time • Both levels of government can establish courts, make and enforce laws, build roads, provide education, borrow and spend money • Citizens subject to two levels of authority; must follow state and national laws

25. Shared Powers • Framers considered situation where national, state laws come into conflict • Article VI supremacy clause: national laws and treaties form the “supreme law of the land” • Judges have to obey Constitution even if it contradicts state laws

27. Reading Check Identifying Supporting Details Name three powers that are held by both the national government and the state governments.

28. Reading Check Identifying Supporting Details Name three powers that are held by both the national government and the state governments. Answer(s): possible answer—any three of the following: collect taxes, establish court systems, make and enforce laws, build roads, provide education, borrow and spend money

29. The Limits of Power Limits on National Government • Article I, Section 9: government cannot deny right to trial by jury, grant titles of nobility, tax exports between states • May not exercise powers reserved to states or limit basic freedoms • U.S. Constitution denies certain powers to national, state governments • Framers believed strongly in limited government • Placed limits to prevent tyranny and protect individual liberties Limits on State Governments • Article I, Section 10: denies specific powers to state governments—to coin money and to tax imports and exports from other states • States may not have own armies, engage in wars, enter into treaties Powers Denied to Both Levels • Neither can deny people accused of crimes right to trial by jury or grant titles of nobility • Neither can pass ex post facto laws

30. Reading Check Summarizing What limits did the Framers place on state governments?

31. Reading Check Summarizing What limits did the Framers place on state governments? Answer(s): States may not coin money, tax imports/exports, have armies, or enter into treaties.

32. Nation and State Relations The Nation and the Fifty States • National government responded to terrorist attack in New York on 9/11 • Constitution ensures states be treated as equals by national government • States must have equal representation in Senate • Nation cannot tax people of one state more than another The Nation and the Fifty States • Constitution divides government power, describes responsibilities of national and state governments to each other • Article IV, Section 4: national government only officially recognize representative state governments • National government responsible for protecting states from foreign invasion and domestic uprisings National government can admit new states, but it cannot split up states that already exist, or change state boundaries in any way.

33. Relations between the States • Constitution gives states right to manage affairs within borders — Encourages cooperation between states — States required to extradite persons charged with crime to state where offense committed • Article IV: full faith and credit clause — Requires states give “full faith and credit” to public acts, official records, judicial proceedings of every other state — Contract signed in one state honored by officials in another state • Article IV, Section 2: privileges and immunities clause • Carefully divided power between two levels of government—state, national — Citizens of each state receive all “privileges and immunities” of any state — New Yorker visiting North Carolina will enjoy same police protection as North Carolinians — Many exceptions, including in-state college tuition to residents and lower fees for services funded by taxes

34. What about Local Government • Creating local governments is a power reserved to the states. • Relationship between state and local government different from that of national and state governments • State government has power to reorganize local government at any time to better address state needs Native American Sovereignty • Article I, Section 8: national government has power to regulate commerce with Indian tribes; used power to make treaties with Native American nations • In most cases treaties resulted in loss of land, sovereignty, and individual rights for native peoples • Native Americans not granted full citizenship until 1924

35. Reading Check Summarizing How does the full faith and credit clause affect relations among states?

36. Reading Check Summarizing How does the full faith and credit clause affect relations among states? Answer(s): It compels each state to recognize public acts, official records, and judicial proceedings of other states.

37. Section 2 at a Glance American Federalism: Conflict and Change • Federalism has changed over time to meet new political needs. • The Supreme Court acts as a referee in the division of power between the national and state governments. • Before the Civil War, American federalism was guided by the principle of dual federalism, or the idea that the national and state governments were equal in authority. • Over the course of U.S. history, American federalism has experienced a steady expansion in national power. • In recent years, a trend in American federalism called devolution has attempted to return power to the states.

38. American Federalism: Conflict and Change Main Idea Over the past 200 years, conflicts over the balance of power between the national and state governments have led to changes in American federalism. Reading Focus • What role does the Supreme Court play in American federalism? • How was government power divided in dual federalism? • What events caused the expansion of national power in the twentieth century? • What is new federalism?

39. Role of the Supreme Court Long before the Civil War, the Framers anticipated the government they created might lead to conflicts between the states and the national government. How did they plan to resolve such conflicts? • Gave Supreme Court power to resolve conflicts between nation and states • Article III gives judicial branch authority to hear cases involving Constitution, U.S. laws, disputes between states • Supreme Court acts as referee, sorting out conflicts between nation, states • Courts make decisions based on rules in Constitution • Article VI includes supremacy clause: Constitution, national laws, treaties made by national government “supreme law of the land” • Court’s rulings have gradually increased power of national government • American federalism continually changed to meet needs of new generations • Changes understood in four terms: dual federalism, cooperative federalism, creative federalism, new federalism

40. Reading Check Summarizing How does the Supreme Court serve as a referee in the federal system?

41. Reading Check Summarizing How does the Supreme Court serve as a referee in the federal system? Answer(s): by settling disputes between the national government and the states

42. Dual Federalism The first era of American federalism, dual federalism, lasted from about 1789 to the 1930s. Both state and national government were equal authorities operating within their own spheres of influence, as defined by a strict reading of the Constitution. The Great Debate • Nationalists: advocates of strong, centralized national government • Proponents of states’ rights held national government should not unduly intrude in state affairs • Secretary of Treasury Alexander Hamilton asked Congress to create national bank, argued government had constitutional power to regulate currency, therefore implied power to create bank • Congress refused to renew charter when it expired 20 years later • 1816: dispute resurfaced with charter of Second Bank of the United States

43. Dual Federalism {continued} The Marshall Court • 1819, McCulloch v. Maryland: bank dispute reached Supreme Court • Court ruled in favor of nation’s authority to start bank • Chief Justice John Marshall argued charter justified by Constitution’s necessary and proper clause • Bank would help nation properly execute powers to regulate commerce and currency “A House Divided” • U.S. became bitterly divided over issue of slavery • Debate wrapped up in arguments about states’ rights and national power • Southern slave states resisted national measures to outlaw slavery in new states and territories • Held states sovereign, could make decisions for themselves

44. “A House Divided” (cont’d.) • Doctrine of nullification: some southern politicians believed states had right to nullify national laws that contradicted or clashed with state interests • According to doctrine, if state challenged national law, three-quarters of other states would have to ratify amendment allowing Congress to enact law • State could either choose to follow law or secede from Union • Doctrine of secession: idea that states had right to separate from Union • 1860: Issue of sovereignty came to a head after election of Abraham Lincoln • Lincoln believed issue of slavery was divisive • South Carolina first to secede; followed by 10 other states • 1861: U.S. divided by Civil War, waged for 4 years; bloodiest war in U.S. history

45. After the Civil War • 1865: Confederacy surrendered; Union restored • Defeat of Confederacy settled matter of slavery • War profoundly changed relationship between states, national government • War firmly established national supremacy • Put to rest most radical interpretations of state sovereignty • Led to expanded constitutional powers of national government • 13th, 14th, 15th Amendments (Reconstruction Amendments) passed • Abolished slavery, defined citizenship, prohibited states from denying citizens’ rights, extended voting rights to African American men • In time national government would use new constitutional powers to protect rights of African Americans, women, and others

47. Reading Check Identifying Cause and Effect How did the Civil War resolve the issue of secession?

48. Reading Check Identifying Cause and Effect How did the Civil War resolve the issue of secession? Answer(s): Union victory in the Civil War firmly established national supremacy. States could no longer claim the right to secede.

49. Landmark Supreme Court Cases McCulloch v. Maryland (1819) Why It Matters: In McCulloch v. Maryland the Supreme Court had the first of many opportunities to influence the division of power in the federal system. The Court’s decision led to the expansion of national power.

50. Expanding National Power The Civil War reinforced the supremacy of the national government over the states. In the years following the war, new challenges continued to shift the balance of power in favor of the national government. Turn-of-the-Century Reforms • End of 19th to start of 20th century was time of tremendous change in U.S. • New technology: railroads, telegraph, industrial machinery • Unprecedented growth: population more than doubled from 1870 to 1916 • Social and economic problems: overcrowded cities, rising crime rates, dangerous working conditions • Corporations developed great economic influence at expense of working-class Americans • Difficult to address problems at state level