US/VA Government: Spring 2009

1. US/VA Government:Spring 2009 Chapter 4: Federalism

2. Objectives • The division of powers between the National Government and the States. • The National Government’s obligations to the States. • The constitutional provisions that promote cooperation between and among the States.

3. Chapter 4 Vocabulary • Federalism • Division of powers • Delegated powers • Expressed powers • Implied powers • Inherent powers • Reserved powers • Exclusive powers • Concurrent powers • Enabling act • Act of admission • Grants-in-aid program • Block grant • Interstate compact • Full faith and credit • Extradition

4. Chapter 4 Section 1:Federalism and the Division of Power • What is federalism? • What powers are delegated to the National Government? Reserved to the States? • What powers are denied to the National Government? Denied to the States?

5. Federalism Defined • Federalism: a system of government in which a written constitution divides the powers of government on a territorial basis. • Each level operates through its own agencies and acts directly on the people. • Division of power: written in the Constitution, exists between the National and State governments.

6. Federalism Defined • Federalism produces a dual system of government. Each level operates over the same people and territory at the same time. • Federalism allows local actions in matters of local concern and national actions in matters of wider concern. It encourages local choice. • Federalism allows a variety of local traditions, needs, and desires from one State to another. • Ex) Gambling in Nevada, Nebraska only State with a one-house legislature, NJ and Oregon forbids motorist to pump their own gas (do you tip?), Oregon allows physicians assisted suicide

7. States have been long been described as “ laboratories of government.” What does this statement mean? Example – Welfare Reform Act of 1996. Originally suggested by California, Wisconsin, and Michigan

8. The National Government Is One of Delegated Powers • Delegated powers: government only has the powers that were granted to them in the Constitution. • 3 Types of delegated powers: expressed, implied, and inherent powers. • Expressed powers: powers delegated to the National Government, spelled out expressly in the Constitution.

9. The National Government Is One of Delegated Powers • These powers exist because the United States exists. • Expressed: 27 Powers are given to Congress, including: coin money, collect taxes, raise and maintain armed forces, declare war, etc. • The president is also given expressed powers, including: acting as commander in chief, grant reprieves and pardons, make treaties, and name federal officials.

11. The National Government Is One of Delegated Powers • Implied powers: powers that are not expressly stated in the Constitution, but are reasonably implied by those powers that are (to regulate foreign and interstate commerce) • “Necessary and proper” power, granted through the Necessary and Proper Clause. • Ex) regulation of labor-management relations, building of hydroelectric power dams, building of a 42,000-mile interstate highway system, making federal crimes of kidnapping across State lines.

13. The National Government Is One of Delegated Powers • Inherent powers: powers that belong to the National Government because it is the national government of a sovereign state in the world community. • These are powers that the national government has historically possessed. • Inherent powers include: regulate immigration, deport aliens, acquire territory, give diplomatic recognition to other states, and protect the nation against rebellion or internal subversion.

14. Powers Denied to the National Government • Expressly Denied Powers: levy duties on exports, deny freedom of religion, speech, press, or assembly; conduct illegal searches or seizures; and to deny any person a speedy and public trial, or trial by jury. • Silence Denied Powers: create a public school system for the nation, enact uniform marriage and divorce laws, and to set up units of local government. • Federal Denied Powers: cannot tax any of the States or their local units in the carrying out of their governmental functions.

16. The States Are Governments of Reserved Powers • Reserved powers: powers held by the States in the federal system. Powers that are not given to the National Government. • Ex) forbid persons under the age of 18 to marry without parental consent, forbid persons to buy liquor if under the age of 21; require doctors, lawyers, plumbers, or hairdressers to be licensed in order to practice; set up public school systems, permit certain forms of gambling, etc.

17. Not until 18

18. Powers Denied to the States • Constitution Denied Powers: no State can enter into any treaty, alliance, or confederation, no State can print or coin money or deprive any person of life, liberty, or property without due process of law. • Federal Denied Powers: no State or local government can any of the agencies or functions of the National Government. • Each State also has its own Constitution, which denies many powers to the State.

20. The Federal System and Local Governments • There are really only two levels of government: National Government and the 50 States governments. • Local governments are located within one of the 50 States governments. • The 50 States have created these units to: provide services, regulate activities, collect taxes, or do anything else established by the State. • Local governments exercise State powers.

22. Video Clip - Federalism • http://video.about.com/usgovinfo/Federalism.htm

23. The Exclusive Powers • Exclusive powers: powers that can be exercised only by the National Government. • They include most of the delegated powers. • Some of the delegated powers are also expressly denied to the States. • Ex) coin money, make treaties

25. The Concurrent Powers • Concurrent powers: powers that both the National Government and the States possess and exercise. • These powers are not held and exercised jointly, but separately. • Concurrent powers are those powers that the Constitution does not grant exclusively to the National Government, but at the same time does not deny to the States.

27. The Supreme Law of the Land • The Supreme Court is the umpire of the federal system. • Chief duty is to apply the Supremacy Clause to the conflicts which the dual system of government inevitably produces. • Court first called in 1819, to settle a clash between a national and State law – McCulloch v. Maryland – it involved the controversial Second Bank of the U.S. • Bank was chartered by Congress in 1816, in 1818, Maryland legislature placed a tax on all notes to cripple the bank. McCulloch refused to pay tax, State court convicted him, but the Supreme Court reversed Maryland’s ruling.

29. The Supreme Law of the Land • McCulloch v. Maryland: Bank was chartered by Congress in 1816, in 1818, Maryland legislature placed a tax on all notes to cripple the bank. McCulloch refused to pay tax, State court convicted him, but the Supreme Court reversed Maryland’s ruling. • John Marshall based the decision on the Constitution’s Supremacy Clause. • Supreme Court plays a major role in our federal system.

30. John Marshall

31. The Supreme Law of the Land • Oliver Wendell Holmes once said, “I do not think that the United States would come to an end if the Court lost our power to declare an act of Congress void. I do think the Union would be imperiled if we could not make that declaration as to the laws of the several States.”

32. Video Clip: Federalism Issues • http://www.learner.org/courses/democracyinamerica/dia_3/dia_3_video.html

33. Chapter 4 Section 2:The National Government and the 50 States • What are the obligations of the National Government to the States under the Constitution? • What kinds of aid does the National Government grant to the States? • What kinds of aid do the States provide to the National Government?

34. The Nation’s Obligations to the States • Constitution places several obligations on the National Government for the benefit of the States. • Most are found in Article IV. • 1) Guarantee of a Republican Form of Government • 2) Protection Against Invasion and Domestic Violence

36. Nation’s Obligation to States • 1) Guarantee of a Republican Form of Government • Constitution does not define “republican form of government”, and the Supreme Court has refused to do so. Supreme Court believes this should be decided by the President and Congress. • Understood to mean representative government.

38. Nation’s Obligation to States • Court Case: Luther v. Borden • Court case came from Dorr’s Rebellion. Thomas W. Dorr led a rebellion against the State of Rhode Island. • Supreme Court refused to decide this matter. • Republican-form guarantee also seen after civil war.

40. Nation’s Obligation to States • 2) Protection Against Invasion and Domestic Violence • National government must protect states from invasion and domestic violence. • Now of little importance because an attack on any State would be an attack on the United States. • This was not the case in the 1780’s.

42. Nation’s Obligation to States • Federal government assumes that each of the 50 States will keep peace within its own borders. Constitution states protection against domestic violence is guaranteed in each State. • Rare to use federal force to keep peace in the States. • 1967-1968, President Lyndon Johnson sent units of the army into Detroit, Baltimore, and Chicago at the request of state governors. • Used to control riots, looting, arson, and violence.

44. Nation’s Obligation to States • When national laws are broken functions interfered with, or national property endangered, President does not need to wait for a plea from the States. • The Federal Government also is ready to aid areas that were stricken with natural disasters. (ex. Storms, floods, drought, forest fires, etc.)

46. Respect for Territorial Integrity • National Government is constitutionally bound to respect the territorial integrity of each State. • National Government must recognize physical boundaries and legal existence of each State. • Congress must include in both of its houses, representatives from each state. • No State can be deprived of its equal representation in the United States Senate without its own consent.

48. Admitting New States • Only Congress has the power to admit new States to the Union. • A new State cannot be created by taking territory from one or more existing States without the consent of the State(s)’ legislatures. • 37 States have been admitted to the Union. • 5 States were created from existing States: Vermont, Kentucky, West Virginia, Tennessee, and Maine. • Texas was an independent republic. • California was ceded to U.S. from Mexico.