Chapter 4: Federalism

1. Chapter 4: Federalism

2. What is Federalism? • Federalism is the way we divide power between the central national government, and the regional state governments

3. Why do we use a Federalist System? • Framers believed government was a threat to individual liberty • Government must therefore be restrained • Dividing the powers Limits Government

4. Advantages of Federalism • Allows local action in matters of local concern • Allows people to be more connected to policymaking at the local level • Creates the chance to experiment with policies in a small area before applying them everywhere

5. Differences Between States • In Oregon and New Jersey, it is illegal to pump your own gas • In Nevada, it is illegal to ride a camel on state highways • In Texas, criminals are required to inform their victims of the crime to be committed 24 hours in advance, either verbally or in writing

6. Differences Between States • In Massachusetts, it is illegal to go to bed without taking a full bath • In Ohio, it is illegal to get fish drunk • In California, it is illegal for a car without a driver to exceed 60 miles per hour

7. Powers of the National Government • Delegated Powers - The national government has only the powers that are delegated to it by the Constitution • Three types of delegated powers: • Expressed Powers • Implied Powers • Inherent Powers

8. Expressed Powers Powers that are spelled out in the Constitution very specifically (expressly) Also known as “enumerated powers” Most are found in Art. I, Sect. 8

9. Expressed Powers (cont’d) Examples: coin money, raise and maintain armed forces, declare war, fix standards of weights and measures…

10. Implied Powers • Powers of the national government which are not expressly stated in the Constitution, but which are reasonably suggested (implied) by the expressed powers • Necessary and Proper Clause! • Article I, Section 8, Clause 18

11. Implied Powers (cont’d) • Examples: • Building of dams • Building of the Interstate highway system • Criminalizing racial discrimination • Necessary and Proper has been interpreted to mean “convenient and useful,” so anything that the national government sees as convenient and useful might be made into federal law.

12. Inherent Powers Powers not expressly stated by the Constitution, but which belong to the United States government because it is a sovereign state in the world community

13. Inherent Powers (cont’d) • Examples: • Regulate immigration • Acquire territory • Protect nation against rebellion or other attempts to overthrow the nation by force or violence • (There aren’t a lot of these.)

14. Denied Powers(of the National Government) Levy duties (tax) exports Take private property for public use without just compensation (Eminent Domain) To deny rights that are found in the Bill of Rights, such as freedom of speech, religion, press and assembly Article I, Sect. 9=Denied Powers of Congress

15. Denied Powers(not expressed) Limited Government: The government only has those powers which the people, through the Constitution, have given it, so anything else is denied. The power to make a national public school system The power to enact marriage and divorce laws for the whole country The power to set up local government

16. Powers of the States Reserved Powers: Those powers which the Constitution does not delegate (grant) to the National Government, but does not, at the same time, deny to the states Amendment 10!

17. Reserved Powers • “The Powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” - 10th Amendment

18. Examples of Reserved Powers • Drivers’ licenses • Marriage licenses • School system • Enacting land use laws • Regulating drinking age • Outlawing gambling • (There are tons of things the states have powers to do.)

19. Denied Powers(of State governments) Expressly denied: No entering into alliances, treaties, or a confederation No printing or coining of money No depriving people of their rights (Anything denied in the U.S. or their state’s constitution) Inherently denied: No taxing of the federal government

20. Exclusive vs. Concurrent Powers Exclusive Powers – Those which are delegated to the National Government alone. States cannot exercise these powers. Concurrent Powers – Those which both the states and the national government can exercise

21. Concurrent Powers • Examples: • Levy and collect taxes • Borrow money • Establish courts • Define crimes and set punishments • Claim private property for public use (when there is just compensation)

22. The Nation’s Obligations to the States • The national government is Constitutionally required to guarantee the following things for the states: • Republican form of government – basically means a representative government

23. The Nation’s Obligations to the States • Protection from Invasion and Internal Disorder – federal government will use force when the state can’t handle a problem • Respect for Territorial Integrity – it must legally acknowledge the existence and boundaries of the states

24. Admitting New States • 1st: an area desiring to be a state would ask Congress for admission • 2nd: Congress chooses if and when to pass an enabling act • 3rd: a convention prepares the constitution, and put to a popular vote • 4th: when it is passed by the people, it is sent to Congress • 5th: if Congress approves it, they will pass an act ofadmission, which the President must sign for it to become a state

25. Arizona • In Arizona , we had a rule that allowed people to remove judges by voting – judicial recall • The national government required that Arizona repeal the law before becoming a state • But, we’re tricky here in AZ…

26. Arizona • Arizona repealed the law as the U.S. requested, and became a state • Our first official act of statehood – • A constitutional amendment to add judicial recall

27. Clauses • Full Faith and Credit Clause • “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.” –Art. I, Sect. 1 • Privileges and Immunities Clause • “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in several States.” – Art. IV, Sect. 2

28. Exceptions to Full Faith and Credit • Full Faith and Credit only applies to Civil cases, not criminal cases! • States cannot punish someone on behalf of another state • States do not have to recognize each others’ divorces if the people were not true residents of the state granting the divorce

29. Other Requirement • Extradition – a fugitive from justice who flees a state must be returned to the state where he committed the crime • This prevents criminals from being able to escape consequences of their actions

30. Cooperative Federalism • Sometimes, the state and national governments fight over power • There are also ways that they help each other

31. Federal Grants • Grant – money from the federal government given to the states • This money helps the states run programs like education and welfare without going broke • The federal government sets conditions for receiving the grant, which gives it more influence over the state

32. Types of Grants • Categorical Grant – money for a specific, defined purpose • Block Grant – money for a broad purpose, few strings attached • Project Grant – money for programs like research or job training, could be given to universities or private businesses

33. Other Help for the States • FBI helps state and local police • Army helps National Guard • Census Bureau’s data is free research for the states • And more!

34. State help for the National Government • All elections are paid for and run by the states • Local police often catch the criminals the FBI is searching for • Naturalization takes place in state courts • And more!