Overview of Federalism in the U.S. Government

1. Government Chapter 4

2. Chapter 4 Section 1

3. Federalism • Federalism: system of government in which governmental powers are divided between the national and state governments. • Why do we have federalism? Main reason was that it was a compromise between the Federalist and Anti-Federalist. Other reasons: • Big Country-allows functions to be “farmed out” to the states. • Sheer size of the country makes it hard to locate all political authority into one place. • Brings government closer to the people.

4. Powers of the National Government • Powers are found in Article I, Section 8 of the Constitution. • Constitution lists the enumerated powers: powers specifically granted by the Constitution (declaring war, coining money, etc.) • Federal government also has implied powers: powers that are not expressly stated in the Constitution, but can be implied from its words. • The federal government’s implied powers are taken from the Necessary and Proper Clause. • Inherit Powers: powers held by the national government by virtue of being a sovereign state with the right to protect itself. • Examples: make treaties and acquire new land.

5. Other Powers • Power of State Governments: the 10th Amendment gives powers to the states that are not directly given to the national government as long as there is no conflict. • Example: Police Power of the states. • Concurrent Powers: powers shared by both the national and state governments. • Example: Power to tax. • Prohibited Powers • National government is forbidden to tax exports. • States cannot enter into treaties with other states or with foreign countries. • Supremacy Clause: Found in Article VI, Clause 2. • States that Constitutional and federal laws are superior to all conflicting state and local laws. The Constitution is the supreme law of the land.

6. Chapter 4 Section 2

7. The National Government and the 50 States • The National Government’s obligations to the States: • Must ensure of a republican form of government. • Must protect states against foreign invasion and domestic violence. • Must respect and recognize the legal territorial boundaries of each state.

8. Admitting New States • Admission Procedure: • Area seeking admission must first petition Congress for admission. • It Congress accepts petition, then Congress passes and enabling act which calls for a drafting a state constitution. • The state constitution is drafted and then approved by popular vote in the state. • If the state constitution is approved by the voters and Congress, then Congress passes an act of admission which must be signed by the President. If it is signed by the president then the new state is admitted.

9. Cooperative Federalism • Cooperative Federalism: when the federal government and state governments work in cooperation with one another. • Types of Cooperative Federalism: • Federal Grants-in-Aid: grants of federal money or other resources to the States to help carry out their functions. Most often are in the form of categorical grants that are intended for specified purpose. • Another type of Federal grant-in-aid is a block grants: funds provided to the state and local governments to be used for general purposes. Block grants gives States more freedom on how to spend the money.

10. Chapter 4 Section 3

11. Interstate Relations • Horizontal federalism: when state governments interact with one another. • We know that states cannot enter into treaties with each other or foreign countries, but with the approval of Congress two states can enter into an interstate compact: an agreement between two or more states. • Examples: New York and New Jersey have an interstate compact to manage the harbor facilities that the states share. • Local Example: South Carolina has an agreement with certain counties in Georgia to allow Georgia students to attend USC-Aiken and pay the South Carolina resident tuition.

12. Constitutional Guarantees • The Constitution regulates horizontal federalism in three ways: • Full Faith and Credit • Immunities and Privileges • Extradition

13. Full Faith and Credit • The Constitution states: “Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other state.” • This means states must recognize birth certificates, marriage licenses, car registrations, property deeds, and judicial judgments. • States cannot enforce other states’ criminal laws, and do not have to recognize all divorce decrees.

14. Privileges and Immunities • The Constitution states: “The citizens of each State shall be entitled to all privileges and immunities of citizens of the several States.” • This means when you visit another state you are allowed to do everything residents of those states are allowed to do. • Example: Residents of North Carolina are allowed to come to buy fireworks in South Carolina even though it would be illegal to buy fireworks in NC. • Exceptions: voting, acquiring professional licenses, etc. States require proof of residency for these actions. States can also charge higher fees for out of state residents on hunting and fishing licenses.

15. Extradition • The Constitution states: “A person charged in any State with treason, felony, or other crime, who flee from justice, and be found in another States, shall, on demand of the executive authority of the State from which he fled, be delivered upon, to be removed to the State have jurisdiction of the crime.” • Simply means that when a felony criminal flees one state to another, the State must return the criminal to the original State if that State requests. • If someone commits murder in SC and flees to California and is found by authorities in CA, then CA must return the criminal to SC if SC files a request.