Ch. 4 - Federalism

Federalism – A way to distribute power between Federal & State governments. 10th Amendment – Defines Federalism and makes it work. – If the power is not granted to the federal government by the Constitution, then it belongs to the states.

Powers Delegated to the Federal Govt Expressed Powers – Specifically spelled out in Constitution. – Found in Article I, Section 8, #1-17. – Ex – Coin money, build post offices, regulate commerce. – 27 expressed powers total. Implied Powers – Not expressly stated, but are reasonably suggested by expressed powers. – Found in Article 1, Section 8, #18 – Often called Necessary & Proper Clause-Congress can make necessary & proper laws to execute duties. – Often called Elastic Clause as it has been stretched to fit many situations & implied powers. – Ex – Impossible to list them all.

Implied Powers

Continued Inherent Powers – Powers government has just because; governments have all historically had these. – Ex – Relationships with & recognition of other countries.

Powers Denied to the Federal Govt Levy taxes on exports. Prohibit free exercise of religion, speech, press, peaceful assembly. Conduct illegal searches and seizures. “Silence of the Constitution” – Means NO!!!!! – National school system. – Uniform laws about marriage & divorce. – Setting up units of local govt within any states. Federal govt just can’t do anything that would threaten existence of the federal system.

Powers Reserved to the States Marriage laws Legal drinking age Pornography Types of licenses – construction, hairdressing, professional practices, etc. However, some state laws get overturned by Supreme Court. – Miranda v Arizona Suspect must be warned of rights before questioning. – Roe v Wade You have right to privacy, state has interest in protecting life, but only after 1 st trimester of pregnancy, allows abortion.

Continued Supreme Court can overturn a state law, but it will affect all 50 states. Courts have determined that govt has police power to protect citizens from having their rights violated.

Powers Denied to the States States cannot enter into treaties, alliances, or confederations. Cannot tax the federal govt or any of its’ agencies or functions. Why are these denials to logical?

Powers Shared by Federal & State Govts They are known as Concurrent Powers Include: – Collect taxes – Define crime and set punishments – Eminent Domain Can purchase private property for public use.

Imminent Domain

What if there is a conflict between the States and the federal Govt? The Supremacy Clause – Article VI, Section 2. – Federal law is supreme over all forms of state law. Supreme Court – power of judicial review. – McCullough v Maryland (1819). Maryland law stated Federally chartered banks had to use special paper. Bank teller McCullough argued it amounted to a tax & Constitution says states can’t tax federal govt. SCOTUS agreed & overturned Maryland law.

Federal Govt’s Obligations to the States Federal govt must guarantee a republican form of govt to all states. – Not defined in Constitution. Protection against invastion & domestic violence. – Important after American Rev. due to British threats. Respect for territorial integrity. – Fed. Govt must recognize state boundaries.

Admitting New States Enabling Act – Requires territory to frame a new state constitution. Act of Admission – Must be passed by Congress then signed by President. Conditions for Admission – varies. – Utah – no polygamy. – Oklahoma – move capital from Guthrie to Oklahoma City.

Cooperative Federalism Federal & State govts work together; relationship defined by Fed govt. Federal Grants-in-Aid – Federal money given to states, cities, etc. for necessary programs, building, etc. – Gives Federal govt more authority at local level. Block Grants – Money given by Federal govt for very specific project such as: health care, social services, etc.

Interstate Relations Interstate Compacts – Agreements among States; most agreements are submitted to Congress for approval to make sure that there is no Constitutional violation. – New York & New Jersey made a compact creating a Port of New York Authority as they share one harbor. – Compact for supervision of Parolees and Probationers; all 50 states have signed this agreement.

Continued Full Faith & Credit – Constitution requires that each state must accept the public acts, records, and judicial proceedings of every other state. – Ex – Birth certificates, marriage licenses, etc. – Ex – Judgments awarded. Person cannot move to another state to avoid paying damages ordered by a court. Exceptions. – One state cannot enforce another state’s criminal laws. – Some divorces do not have to be recognized by another state if the person was not a resident of the state in which s/he got the divorce.

Continued Extradition – The legal process by which a fugitive from justice in one state is returned to that state. – Usually this is a routine matter which governors regularly approve. – Some exceptions have occurred when racial overtones are involved, or if the case is about a parental kidnapping in a divorce situation.

Continued Privileges & Immunities Clause – No state can draw unreasonable distinctions between its’ own residents and those who happen to live in another state. – Ex – A state cannot set a lower welfare rate for someone who has just moved in from another state. – Exception – A state can charge a higher tuition rate for students from another state that are attending a state university or college. Higher fees for hunting & fishing licenses for people from another state.