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Federalism Chapter 4

Federalism Chapter 4 . Why Federalism?. Needed a government strong enough to meet the nation’s needs, but still preserve the existing states strength Maintain limited government Protect individuals.

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Federalism Chapter 4

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  1. Federalism Chapter 4

  2. Why Federalism? • Needed a government strong enough to meet the nation’s needs, but still preserve the existing states strength • Maintain limited government • Protect individuals

  3. A system of government in which a written constitution divides the powers of government on a territorial basis between a central or national, government and several regional governments, usually called states or provinces. Defining Federalism

  4. Defining Federalism • American Federalism is written out in the Constitution. • Specific powers are granted to the National Government and the States.

  5. What Are Some Strengths of Federalism?

  6. Powers of the National Government • The National Government has delegated powers, or only powers given to it in the Constitution. • 3 types • Expressed • Implied • Inherent

  7. Expressed Powers • These are powers written out, expressly, in the Constitution. • AKA “enumerated powers” • Located in Article I Section 8 • Lay and Collect Taxes • Coin Money • Regulate foreign and interstate commerce • Raise / maintain armed forces • Declare war….. • And many more

  8. Powers not expressly stated in the Constitution, but are reasonably suggested, or implied, by the expressed powers. “Necessary and Proper” Clause Article 1 Section 8 Clause 18 McCulloch v. Maryland (1819) Implied Powers

  9. Implied Powers Examples • Labor management relations • Interstate highway construction • Crimes across state lines • Prohibited discrimination • Establishing national bank

  10. Inherent Powers • Powers that belong to the National Government because it is the government of a sovereign state within the world community. • Few in number • Regulate immigrations, deport undocumented aliens, acquire territory, protect against rebellion, grant diplomatic recognition

  11. What Powers Are Denied to the National Government? • Some expressly, some because of silence of the Constitution

  12. The States • Reserved Powers are ones not granted to National Government in Constitution • States also denied powers expressly and inherently because of federalism

  13. Exclusive and Concurrent Powers • Some powers belong exclusively to only one division of government • Some powers are concurrent, or shared by both divisions of government • Chart on pg. 93

  14. Federal System and Local Governments • Officially two levels, technically three levels; national, state, local • 87,000 units of local government in the U.S. today…..all smaller parts of state governments

  15. What is the Supreme Law of the Land? • The Constitution • Why? • The Supremacy Clause • Article VI Section 2

  16. McCulloch v. Maryland (1819) National Government wants to establish national bank State of Maryland does not want it established and imposes a tax on the bank Court rules in favor of National Government Taxing has the power to destroy The Supreme Court and Federalism

  17. Quiz • What are expressed powers? • What are concurrent powers? • What is the supreme law of the land? • What was the major Supreme Court case dealing with federalism? • How tall is Mr. Skinner?

  18. Section 2 The National Government and the 50 States

  19. Nation’s Obligations to the States • Guarantee of Republican form of government • Not defined , usually interpreted as representative government • Protect from invasion, not as important now, as well as internal disorder MLK Assassination 1968

  20. Nation’s Obligations to the States • Must also recognize the physical boundaries of states

  21. Admitting New States • Congress has the power • Cannot be created by taking territory of another preexisting state w/o their permission • Texas was independent republic • California ceded to the U.S. by Mexico • Usually 15 years as an organized territory before admitted

  22. Admission Procedure • State ask Congress • Congress request a Constitution • Must be approved by state vote, then congress • Congress passes and enabling act • If president signs it territory becomes a state

  23. Cooperative Federalism States Federal Government

  24. Federal Grants-in-aid • Grants of money or other resources to the States and/or their cities, counties, and other local units. • Long History • Morrill Act of 1862

  25. Federal Grants-in-aid • Cash grants not a big role until the Great Depression • Currently more than 500 grants-in-aid in operation • $250 Billion , 25% of all state and local government spending

  26. 1972-1987 Essentially federal tax revenue shared with states Total $87 billion over the 15 years Only regulation was no spending funds on programs of discrimination Revenue Sharing

  27. Types of Federal Grants • Categorical Grants: for a specifically defined purpose • Example: School lunches • Block Grants: broadly defined purposes • Example: Education

  28. Types of Federal Grants • Project Grants: grants that must be applied for, frequently used for job training and employment programs

  29. Other Forms of Federal Aid • FBI • National Guard • Census Bureau

  30. State Aid to the National Government • Help with conducting national elections • Financed by states, and run by their laws • Naturalization of illegal immigrants handled by states • Assisting with criminals

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