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Federalism. Federalism in America. Federalism – a system of government under which the national government and state governments share powers. .
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Federalism in America • Federalism – a system of government under which the national government and state governments share powers.
Number of Governments in the United States, 2009SOURCE: U.S. Census Bureau, Statistical Abstract of the United States, www.census.gov/prod/2006pubs/07statab/ stlocgov.pdf.
Marble Cake Federalism • Insert Picture of marble cake
Federalism • Some government powers belong exclusively to national government, some exclusively to the states, and some are shared by the two • Expressed/Enumerated Powers – powers that belong only to the national government • Reserved Powers – powers that belong only to the states
Examples of Expressed Powers • Printing money • Regulating Interstate commerce • Gibbons v. Ogden (1824) • Making treaties and conducting foreign policy • Declaring war
Examples of Reserved Powers • Issuing licenses • Regulation of intrastate (within the state) businesses • Responsibility to run and pay for federal elections
Examples of Shared (concurrent) Powers • Collect taxes • Build roads • Operate courts of law • Borrow money
Federal Government Obligation to States • Provide a republican form of government • Protect against foreign invasion and domestic rebellion • Prevent states from subdividing or creating new states without Congressional consent
Requirements for States • Full faith and credit clause – accept court judgments, licenses, contracts, and other civil acts of all the other states. • Extradition – return fugitives from other states
Supremacy Clause • Constitution requires conflicts between federal law and state law to be resolved in favor of federal law. • State laws that violate the Constitution or federal laws can be invalidated through the supremacy clause. • Created by the ruling of MuCulloch vs. Maryland
Differing Opinions • States’ Rightists vs. Nationalists