Chapter 4: Federalism

Federalism Federalism divides the powers of the United States government between the National Government and the States.

Delegated Powers The Constitution provides the National Government with delegated powers. Most of these powers are exclusive, meaning they are only given to the National Government.

Delegated Powers (Cont’d…) Three types of delegated powers Expressed Powers Implied Powers Inherent Powers

Expressed Powers Expressed powers are delegated to the National Government spelled out, expressly, in the Constitution. Lay and collect taxes Coin money Regulate foreign and interstate commerce Raise/maintain armed forces Declare war Grant patents/copyrights Fix standards for weight s and measures

Implied Powers Implied Powers are not expressly stated in the Constitution, but are reasonably suggested or implied. Regulation of labor Building of highways and dams Determination of federal crimes Prohibition racial discrimination Necessary and Proper Clause (Art. 1, Sec 8, Clause 18) Congress has the power “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

Inherent Powers Inherent powers are those that come along with being a sovereign state in a world community. Regulate Immigration Acquire territory Grant diplomatic recognition Protect nation

Powers Denied to the National Government Bill of rights limits the National Government’s powers expressly. National Government cannot tax state governments out of existence—i.e. Nat’l government doesn’t have any power that would threaten the federal system.

The States: Reserved Powers States have reserved powers which are not granted to the National Government nor denied to the States Regulate marriage/divorce Decide drinking age Regulate trade and business within the state Establish local governments Establish public schools Conduct elections The sphere of powers held by each State is huge—much more than that of the National Government. States make and regulate almost all laws. Most of what government does is done by state governments. State powers include police power. The only power expressed to the states is the power to regulate the manufacture, sale, and consumption of alcoholic beverages (21st Amendment).

Powers Denied to the States States cannot: Enter into any treaty, alliance, or confederation Print or coin money Deprive any person of life, liberty, or property without due process of law Tax the federal government “The Federal Government did not create the States; the States created the Federal Government” –Ronald Reagan

Concurrent Powers Concurrent powers are those that the National Government and State governments share Levy and collect taxes Define crimes and set punishments Take private property for public use Establish courts Borrow money

Concurrent Powers (Cont’d…)

Supremacy Clause The Constitution and the laws and treaties of the U.S. are the “supreme law of the land” The Constitution stands above all other forms of law The “linchpin of the Constitution” Holds together the complex structure that is the American federal system.

Nation’s Obligations to the States National Government guarantees a “republican” form of government Protects against invasions Protects against domestic violence (disasters, uprisings) Recognize the legal existence and physical boundaries of each state Republican is not defined Constitution nor the Supreme Court, but is usually understood to mean representative government. National government provides military aid to stop attack or invasion—attack on a state is the same as an attack on the country. National government will step in in times of crisis or disaster to help (Katrina) Governor of state usually has to request national aid.

State Admission Process National Government has the power to admit new states into the country 1. Territory asks for admission 2. State receives enabling act 3. State writes and submits a state constitution 4. Congress approves with an act of admission 5. President signs the act, admitting the new state Cannot admit a new state from territory existing from another state unless the existing state’s legislature agrees. Enabling act tells the people wanting to become a state that they have permission to draft a state constitution. Arizona’s state constitution was initially denied by President Taft because he didn’t like that the recall of judges was included. Arizona got rid of it, resubmitted the constitution, and was approved. Immediately after, through initiative and referendum, recall of judges was added as an amendment.

Cooperative Federalism National Government provides grants-in-aid ($) to the states which help them perform their duties Categorical grants: made for a specific and closely defined purpose (i.e. airports) Block grants: loosely defined (i.e. health care) Project grants: specifically applied for grants (i.e. Nat’l Institute of Health requests cancer research project)

Other Forms of Federal Aid FBI helps state and local police Army and Air Force train National Guard units Census Bureau provides data to the states

State Aid to National Government States help the National Government by: - Conducting and funding national elections - Granting citizenship to foreigners - Local police aid in catching/detaining those who commit federal crimes

Interstate Relations States make interstate compacts, which are agreements among themselves and foreign states Extradition is the legal process by which a fugitive from justice in one State can be returned to that State 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. IV, Sec. 1) Interstate compacts help states work cooperatively in things like trade and dealing with criminals who cross state lines. Full faith and credit: Each state upholds the court proceedings of other states. For example if you are sued in Arizona you can’t just move to California to escape having to pay. Divorces and marriages are also recognized by every state no matter where they occur. But, one state cannot enforce another’s criminal law, and divorces are only recognized when granted to residents of that state. (You can’t move to Las Vegas and get a quick divorce and then move back. You have to file for divorce from the state in which you permanently reside.)

Privileges and Immunities “ The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” Art. IV, Sec. 2, Clause 1 Each state must allow any U.S. citizen to become a resident, use state courts, make contracts, and buy, own, or rent property within its borders.