Chapter 4: Federalism Section 1

1. Chapter 4: FederalismSection 1

2. Objectives Define federalism and explain why the Framers chose this system. Identify powers delegated to and denied to the National Government, and powers reserved for and denied to the States. Explain the difference between exclusive and concurrent powers. Examine the Constitution as “the supreme Law of the Land.”

3. Key Terms federalism:a system of government in which a written constitution divides power between a central government and several regional governments division of powers:assigning some powers to the federal government and others to the States delegated powers:powers granted by the Constitution expressed powers:powers specified clearly in the Constitution implied powers:powers not specifically mentioned, but suggested by the expressed powers

4. Key Terms, cont. inherent powers:powers that belong to all independent national governments reserved powers:powers not given to the national government or denied to the States exclusive powers:powers that can only be used by the national government concurrent powers:powers shared by the national and State governments Supremacy Clause:the provision declaring the Constitution to be the supreme law of the land

5. Introduction How is power divided between the Federal Government and the States? Certain exclusive powers, such as the power to coin money, are exercised only by the federal government. Reserved powers, such as the power to establish public schools, are exercised only by the States. Concurrent powers, such as the power to tax, are shared by the States and the federal government.

6. Federalism The Framers believed that government power must be divided and limited so that it cannot threaten individual liberty. The Constitution divides power between the federal government and the States through federalism. Federalism creates two basic levels of government that overlap. Each level has some powers denied to the other level.

7. Federalism, cont. Federalism allows local governments to handle local concerns while the national government deals with national issues. This gives each of the States some flexibility when dealing with challenges. Successful State programs, such as welfare reform, can influence national policies as well as policies in other States. Federalism also lets the nation respond in a united way to serious crises like war or natural disasters.

8. Expressed Powers The congressional powers specified in the Constitution in Article I include the power to coin money, raise armed forces, and levy taxes. Other expressed powers are granted to the President in Article II and the Supreme Court in Article III.

9. Implied Powers Checkpoint: Why is the Necessary and Proper Clause sometimes referred to as the Elastic Clause? The Necessary and Proper Clause gives Congress the power to make all laws “necessary and proper” for carrying out its expressed powers, so it is said to stretch to cover many situations. Congress exercises many implied powers that are based upon its expressed powers. These implied powers include building the interstate highway system and banning racial discrimination in public places.

10. Inherent Powers • Every national government has certain powers, called inherent powers. These inherent powers are not based on the Constitution. • Inherent powers include acquiring territory, defending the nation, regulating immigration, and conducting diplomacy.

11. Denied Powers The Constitution denies certain powers to the federal government. Some powers are specifically denied, such as the power to prohibit freedom of religion, speech, press, or assembly. Other powers, like creating a national school system, are denied because they cannot be based on expressed powers. Finally, the national government cannot have powers that would undermine the existence of the federal system.

12. State Reserved Powers The 10th Amendment reserves to the States all powers not given to the federal government or denied to the States. These powers include the police power, which lets a State protect and promote public health, morals, safety, and general welfare. State and local governments use the huge scope of the reserved powers to perform many of their daily actions.

13. State Reserved Powers, cont. • Issuing driver’s licenses is a power reserved to the States. • Most States require a written, on-road, and vision test. • The age at which teenagers can get a license and the rules new drivers must follow vary from State to State.

14. Powers Denied the States The Constitution specifically denies some powers to the States. Some of these powers are also denied to the federal government. Other powers denied to the States are exclusive to the federal government. For example, States cannot tax imports or coin money, but the federal government can. The States are denied some powers by the nature of the federal system. No State can tax the federal government or regulate interstate trade.

15. Concurrent Powers Concurrent powers are shared by the federal government and State governments. They allow the federal system to function. They include all powers not exclusive to the national government or denied to the States. Local governments use these powers only with the permission of their State.

16. Sharing Responsibility • Some powers are exercised by both levels of government, as you can see in the circle. • Why do both levels of government have the power to establish law enforcement agencies?

17. Supreme Law The Constitution is the supreme law of the land, standing above all treaties and acts of Congress. Below these federal laws come State laws. In a federal system, State and federal laws sometimes conflict. The Supreme Court settles conflicts between State and federal laws. The Court can rule a State or federal law to be unconstitutional.

18. Supreme Law, cont. In the 1819 case McCulloch v. Maryland, the Court ruled that when federal and State laws conflict, the federal law wins if it is constitutional. How does the disastrous result in this cartoon illustrate the Supremacy Clause?

19. Review Now that you have learned about how power is divided between the Federal Government and the States, go back and answer the Chapter Essential Question. Is the federal system the best way to govern the United States?

20. Chapter 4: FederalismSection 2

21. Objectives Summarize the obligations that the Constitution places on the National Government with regard to the States. Explain the process for admitting new States to the Union. Examine the many and growing areas of cooperative federalism.

22. Key Terms enabling act:an act directing the people of a U.S. territory to frame a proposed State constitution act of admission:an act creating a new State grants-in-aid program:grants of federal money or other resources to the States and their cities, counties, and other local government units

23. Key Terms, cont. categorical grant:a grant made for a specific, well-defined purpose block grant:a grant given for a broadly defined purpose project grant:a grant made to States, local governments, or private agencies that apply for funds to carry out a project or provide training

24. Introduction According to the Constitution, what must the National Government guarantee to each State? A republican form of government Protection from invasion and internal disorder Respect for territorial integrity

25. Guarantees and Protections The Constitution guarantees each State a republican form of government. This guarantee is interpreted to mean that each State must have a representative government. The Federal government must protect the States from invasions and domestic violence. Federal force has rarely been used to restore order inside a State, though it happened in the 1960s during the civil rights movement.

26. Other Protections Presidents normally send in troops by State request, but if national laws, functions, or property are endangered, they do not need to wait for a request. The national government must recognize the legal existence and physical borders of each State. Each State must be represented in the U.S. Congress.

27. Admitting New States The Northwest Ordinance of 1787 set the rules for admitting new States. It established the principle that U.S. territories could become equal members of the nation once they had a high enough population. Only Congress can admit new States. A new State cannot be made from the territory of any existing States without their consent.

28. Admitting New States, cont. Congress has admitted 37 States since the nation was founded. Most States spent at least 15 years as part of territories before admission. In 1959, Hawaii and Alaska became the last two States added to the Union.

29. Territorial Expansion of the U.S.

30. Admission Procedure Checkpoint: What must a territory do once an enabling act is passed by Congress? An area desiring Statehood first asks Congress for admission. If Congress agrees, it passes an enabling act. The territory must then hold a convention to write a proposed constitution. This constitution must then be approved first by territorial voters and later by Congress.

31. Admission Procedure, cont. If Congress approves the State constitution, it passes an act of admission, which the President must then sign to admit the new State. Congress may require a State to meet certain conditions before being admitted. For example, Utah was not admitted until it outlawed polygamy. These conditions cannot interfere with a State’s independent right to manage its own internal affairs.

32. Louisiana Becomes a State • The Louisiana Territory was bought by President Thomas Jefferson from France in 1803. This purchase nearly doubled the size of the United States. • By 1810, 77,000 people lived in the area of what is now the State of Louisiana and they wished to acquire Statehood. • In 1812, Louisiana became the 18th State.

33. Federal Grants Congress began granting federal lands and money to the States early in the nation’s history. Land grants were often used to establish schools, colleges, and roads, while cash grants were less common until the 1930s. Today there are more than 500 grant programs offering about $300 billion. States often depend on this money to fund services, which increases the influence of the federal government in many policy areas.

34. Types of Federal Grants Congress sets aside money for three types of grants-in-aid: Categorical grants must be used only for a specific purpose. They require States to contribute their own funds, have an agency monitoring the grant, and obey federal guidelines for using the grant money. Block grants have broader goals and fewer strings attached. Project grants fund various State and local projects.

35. Types of Federal Grants, cont.

36. Other Types of Aid Federal organizations help many State institutions do their jobs. The FBI assists State and local police. The U.S. military trains and equips State National Guard Units. The federal government also pays local governments the equivalent of property taxes on federal land. State governments assist the national government in many ways. State and local governments pay for and organize the election process.

37. Review Now that you have learned about what the Constitution must guarantee to each State, go back and answer the Chapter Essential Question. Is the federal system the best way to govern the United States?

38. Chapter 4: FederalismSection 3

39. Objectives Explain why States make interstate compacts. Understand the purpose of the Full Faith and Credit Clause. Describe the Extradition Clause and explain its purpose. Explain the purpose of the Privileges and Immunities Clause.

40. Key Terms interstate compact:an agreement made between two States or between a State and a foreign government Full Faith and Credit Clause:the clause of the Constitution that says that each State will respect the laws, records, and court decisions of other States

41. Key Terms, cont. extradition:the legal process of returning a fugitive to a State Privileges and Immunities Clause:the clause in the Constitution that says that no State can make unreasonable distinctions between its own residents and those persons who live in another State

42. Introduction How do the States work together to preserve the Union? State governments make interstate compacts. States offer full faith and credit to the laws, official records, and court rulings of other States. States extradite fugitives to other States. States respect the privileges and immunities of residents of other States.

43. Interstate Compacts States can enter agreements with other States and with foreign governments with the consent of Congress. The number of these agreements has increased over time. There are interstate agreements to share law enforcement data, counter global climate change, encourage cooperation between public universities, and coordinate the conservation of water and wildlife.

44. Interstate Compacts, cont. States also cooperate to manage shared resources and border areas. The States of Utah, Arizona, Colorado, and New Mexico meet at the “Four Corners.”

45. Full Faith and Credit The Full Faith and Credit Clause of the Constitution requires each State to honor and enforce the laws, official documents, and court rulings of other States. Documents issued in one State—such as birth certificates—must be accepted in all States.

46. Exceptions There are two key exceptions to the Full Faith and Credit Clause: It applies only to the civil laws of each State, not the criminal laws. If a person who does not live in a State is granted a divorce by that State, the State in which that person actually resides can refuse to recognize the divorce.

47. Marriage and Divorce Only the State in which a couple has established residency can grant them a divorce. Same-sex marriages are outlawed by the federal government and 41 States. However, several States allow legal same-sex marriages or civil unions. The Defense of Marriage Act (DOMA) says that no State can be forced to recognize a same-sex marriage performed in another State.

48. Marriage and Divorce The constitutionality of DOMA has not yet been decided. Interracial marriage was illegal in many States until the Supreme Court ruled in 1958 that such laws were unconstitutional.

49. Extradition The Constitution states that people charged with a crime in one State who flee to another State must be extradited—returned to the State where they were originally charged. Typically a State governor asks another State governor to return any captured fugitives. Such requests are usually upheld. If extradition is challenged, the federal government can order a governor to extradite a fugitive.

50. Privileges and Immunities No State can make unreasonabledistinctions between its residents and residents of another State. Each State must recognize the right of any American to travel in or become a resident of that State. Citizens can also marry, buy, own, rent, or sell property, and use the courts in any State, no matter where they live.