FEDERALISM! IN THE US NATIONAL AND STATE GOVERNMENT SHARE POWER. FEDERALISM IS DIFFERENT LEVELS OF GOVERNMENT SHARING POWER. HEY WHERE IS OUR POWER? CHECK OUT THE 10TH AMDT! THE TENTH AMENDMENT SAYS ANY POWER NOT GIVEN TO THE NATIONAL GOVERNMENT AND NOT DENIED TO THE STATES BELONGS TO THE STATES!

WHAT IS THE PURPOSE OF FEDERALISM? EACH COLONY WANTED TO BE PROTECTED FROM A NATIONAL GOVERNMENT THAT WAS TOO POWERFUL. FEDERALISM PROTECTS STATES BY GIVING THEM ½ THE POWER. FEDERALISM ALSO IS ANOTHER WAY TO DISPERSE OR BREAK UP GOVERNMENT POWER.

WHAT ARE OUR LEVELS OF GOVT? ALL STATE GOVTS HAVE TWO THINGS: A CONSTITUTION OF THEIR OWN THREE BRANCHES OF GOVERNMENT THE UNITED STATES HAS TWO LEVELS OF GOVT. NATIONAL GOVT IS LOCATED IN WASHINGTON D.C. NATIONAL GOVT IS SOMETIMES CALLED FEDERAL GOVT TOO. STATE GOVTS ARE LOCATED IN THE 50 STATE CAPITALS ACROSS THE COUNTRY. CITY AND COUNTY GOVTS ARE REALLY SMALLER PARTS OF STATE GOVTS. THE CAPITAL OF TEXAS IS AUSTIN AUSTIN TX CAPITAL

GOVT POWERS CAN BE PUT IN THREE CATAGORIES POWERS OF NATIONAL AND STATE GOVERNMENT NATIONAL GOVERNMENT BOTH GOVERNMENTS STATE GOVERNMENT NATIONAL POWERS ARE CALLED “DELEGATED POWERS” “CONCURRENT POWERS” STATE POWERS ARE CALLED “RESERVED POWERS” PRINT MONEY IMMIGRATION LAW FIGHT WARS SETTLE DISPUTES AMONG STATES MAKE TREATIES AND ALLIANCES RAISE MILITARY FORCES POSTAL SERVICE REGULATE TRADE BETWEEN STATES REGULATE FOREIGN TRADE ADMIT NEW STATES WRITE LAWS CREATE COURTS COLLECT TAXES BORROW MONEY ENFORCE LAWS ESTABLISH SCHOOLS CONDUCT ELECTIONS ISSUE LICENSES RATIFY AMDTS TO CONSTITUTION ISSUE PERMITS ISSUE BONDS ESTABLISH LOCAL GOVTS REGULATE BUSINESS W/IN THE STATE MARRIAGE LICENSES I WANTED TO SAY THAT! GOVT POWERS CAN BE PUT IN THREE CATAGORIES

DENIED POWERS DENIED POWERS ARE POWERS DENIED TO BOTH LEVELS OF GOVERNMENT OR THEY CAN BE POWERS DENIED TO EITHER LEVEL. EXAMPLE: STATE GOVTS CAN’T MAKE TREATIES W/ FOREIGN GOVERNMENTS. (DENIED!) EXAMPLE: NATIONAL GOVT CAN’T FORCE STATES TO DIVIDE INTO MORE PIECES. (DENIED!) EXAMPLE: NO GOVT CAN ISSUE TITLES OF NOBILITY, PASS RETRO-ACTIVE LAWS, TAX EXPORTS, OR HOLD SOMEONE W/O TRIAL.

SUPREMACY CLAUSE IF A STATE WRITES A LAW THAT IS IN CONFLICT WITH A NATIONAL LAW, THE NATIONAL LAW IS SUPREME AND STATE LAW IS INVALID. ARTICLE VI OF THE CONSTITUTION MAKES ALL LAWS AT NATIONAL LEVEL SUPREME. THE CLAUSE ALSO STATES THAT THE CONSTITUTION IS SUPREME SO NO LEVEL OF GOVT CAN PASS LAWS THAT GO AGAINST THE CONSTITUTION.

STATES GET CERTAIN GUARANTEES THE CONSTITUTION GUARANTEES STATES FOUR IMPORTANT THINGS. 1) A REPUBLICAN FORM OF GOVERNMENT 2) PROTECTION FROM INVASION 3) PROTECTION FROM CIVIL UNREST 4) TERRITORIAL INTEGRITY (STATES CAN’T BE CARVED UP)

STATES OWE CERTAIN OBLIGATIONS STATES HAVE TWO OBLIGATIONS TO THE NATIONAL GOVERNMENT. 1) THEY SET UP ALL ELECTIONS AND RUN THEM 2) STATES HAVE THE JOB OF RATIFYING NEW AMENDMENTS WE ARE IN CHARGE OF ELECTIONS? YES AND THAT’S MY HAT!

NATIONAL GOVERNMENT HAS GAINED POWER OVER STATES IN TWO WAYS FEDERAL AID IS MONEY GIVEN TO THE STATES FROM THE NATIONAL GOVERNMENT. THE NATIONAL GOVERNMENT CAN WITHOLD THE MONEY UNTIL STATES MEET CERATIN CRITERIA. EX. IN 1976, THE FEDERAL GOVT WITHHELD HIGHWAY FUNDS FROM STATES NOT USING THE 55 MPH SPEED LIMIT. MANDATES ARE MINIMUM REQUIREMENTS ON RULES SET BY STATES. EXAMPLE: STATES ISSUE DRIVERS LICENSES BUT NATIONAL GOVT HAS CERTAIN REQUIREMENTS FOR THEM.

WHO SETTLES CONFLICTS BETWEEN THE NATIONAL AND STATE GOVTS? IN ALMOST ALL CASES THE SUPREME COURT SETTLES THE ARGUMENTS BETWEEN THE NATIONAL GOVT AND STATE GOVTS. THE SUPREME COURT ALSO SETTLES DIFFERENCES BETWEEN TWO STATES. Draw pardner! Putem up dude! DON’T MESS WITH TEXAS

I GET MY POWERS FROM THE 10TH AMDT STATE POWERS (10TH AMDT) I GET MY POWERS FROM THE 10TH AMDT STATES GET THEIR POWERS FROM THE 10TH AMDT OF THE CONSTITUTION. STATES HAVE POWER OVER ANYTHING NOT DENIED IN THE CONSTITUTION OR NATIONAL LAW. TEXAS MAN

WHAT DO STATES CONTROL? STATES BUILD AND OPERATE SCHOOLS, ROADS, PROFESSIONAL LICENSES & BUILDING PERMITS. 99% OF YOUR INTERACTION W/ GOVT IS STATE GOVT. TEACHERS, POLICEMEN, ROADS, AND LICENSES ALL COME FROM STATE GOVTS.

RELATIONS AMONG STATES THE CONSTITUTION REQUIRES THAT EVERY STATE HONORS THE LAWS AND COURT ORDERS OF OTHER STATES. EXAMPLE: A DRIVER FROM TEXAS CAN DRIVE TO FLORIDA USING ONLY A TEXAS DRIVERS LICENSE. EXAMPLE: A PERSON WHO LOSES A COURT CASE CAN’T RUN TO ANOTHER STATE TO AVOID PAYING A FINE OR SETTLEMENT. EXAMPLE: EXTRADITION REQUIRES STATES TO RETURN CAPTURED CRIMINALS TO THE STATE THEY ARE WANTED.

PRIVILEGES AND IMMUNITIES ACT THE FRAMERS KNEW THAT STATES MIGHT TRY TO TREAT PEOPLE FROM OTHER STATES AS LESS THAN A FULL CITIZEN. THE CONSTITUTION REQUIRES EACH STATE NOT TO DISCRIMINATE AGAINST THE CITIZENS OF OTHER STATES. EXAMPLES: THE RIGHT TO LIVE IN ANOTHER STATE, RECOGNIZING DEGREES FROM SCHOOLS, DRIVING THROUGH OTHER STATES, AND BUYING PROPERTY.

INTERSTATE COMPACTS/LAWSUITS WHEN STATES HAVE DISAGREEMENTS THEY HAVE TWO PEACEFUL WAYS TO RESOLVE THEM. INTERSTATE COMPACT – STATES ENTER INTO NEGOTIATIONS TOGETHER AND CONGRESS MUST APPROVE THE AGREEMENT. LAWSUITS – SOMETIMES STATES SUE EACH OTHER AND THIS REQUIRES THE SUPREME COURT TO SETTLE THE ARGUMENT.

WHO SHOULD HAVE POWER/SOLVE PROBLEMS? THERE ARE TWO VIEWS OF WHO SHOULD HAVE POWER OR SOLVE PROBLEMS. FEDERALISM ALLOWS US TO GIVE EACH SIDE SOME OF WHAT THEY WANT. SOME WANT MORE STATE CONTROL WHEREAS OTHERS WANT MORE NATIONAL CONTROL.

STATES RIGHTS POSITION GREAT. MY PROBLEMS ARE DIFFERENT THAN THEIR PROBLEMS! WE LET YOU FIX YOUR OWN PROBLEMS IN YOUR OWN WAY! STATES RIGHTS POSITION – POWER AND PROBLEM SOLVING SHOULD BE SENT TO STATE AND LOCAL GOVT BECAUSE THEY ARE CLOSEST TO THE PROBLEM. CONSERVATIVES FAVOR THIS POSITION

NATIONALIST POSITION HEY! QUIET DOWN THERE! NATIONALIST POSITION POWER AND PROBLEM SOLVING SHOULD BE MAINLY AT THE NATIONAL LEVEL. THEY FEEL THE NATIONAL GOVT HAS MORE RESOURCES. LIBERALS TEND TO FAVOR THIS POSITION.

WHAT FEDERALISM OFFERS US FEDERALISM BREAKS UP POWER AT THE NATIONAL LEVEL BY GIVING HALF THE POWER TO THE STATES. FEDERALISM ALLOWS STATES TO MAKE LAWS THAT FIT THEIR CIRCUMSTANCES. FEDERALISM ALLOWS CITIZENS TO ACCESS LAWMAKERS AND GOVT AT MANY LEVELS. FEDERALISM ALLOWS POLITICAL INVOLVEMENT FROM MANY GROUPS AT MANY LEVELS.