Chapter 4: Federalism Unit 2

Dividing and Sharing Power

Why Federalism? Federalism—system of government in which two or more governments exercise power over the same people and the same territory The U.S. government is split between the national (federal/central) and state governments Why was this system created in the United States?

Federalism in the Constitution National Powers Delegated powers—powers the Constitution grants/delegates to the national government Expressed powers—powers directly stated in the Constitution Implied powers—powers the government requires to carry out its expressed constitutional powers State and Local Powers Have even more powers than the national branches Reserved powers—powers that belong strictly to the states

Federalism in the Constitution Concurrent Powers—Powers that both the national and state governments have Power to: Tax Maintain courts and define crimes Take private property for public use (eminent domain) Denied Powers—powers that neither state/federal governments can pass Pass retroactive laws (punish actions that occurred before the law passed) Tax exports Hold/sentence a person to jail without a fair trial Pass any law that violates the Constitution Grant titles of nobility The Supremacy Clause—Establishes that the Constitution, laws passed by Congress, and treaties of the U.S. “shall be the supreme Law of the Land.”

Relations Between the National and State Governments

Guarantees to and Obligations of the States Republican Form of Government and Protection Republican form of government—people elect their representative, the people hold sovereign power Congress must enforce this The national gov. must protect states from invasion and unrest Congress gives the president authority to send federal troops to a state where there is civil unrest and/or when the state governor or legislature has requested help Territorial Integrity and Admission of New States Congress has the power to allow new states to join country, but they cannot take land away from a state and create a new state. Enabling act—allows the people of a territory interested in becoming a state to prepare a constitution Obligations of the States State & local governments conduct and pay for elections of all national government officials States can determine the “times, places, and manner” for these elections The states play a role in any amendments, ¾ of states must approve any proposed amendment

Federal Aid and Mandates Typically through federal grants (money for a specific purpose) But who controls what happens with the money? Mandates and preemption Mandates—formal orders given by a higher authority States required to take on an activity/provide a service that meets minimum national standards Example: drivers licenses; civil rights (women, minorities, people with disabilities), environmental guidelines, testing in education Restraint—an act that limits a state’s ability to regulate an area Example: food labeling Preemption—the federal government’s ability to take over a state government function Example: national education standards, food standards, etc. Does federalism create conflict?

State Powers and Interstate Relations

State Powers States can make laws about anything that is not prohibited by the Constitution or by national law States want to protect their people and their businesses Protection of life and property is the responsibility of the state States focus on Education Health and welfare Crime Regulating natural resources

Relations Among States Privileges and Immunities Privilege boils down to: one state cannot discriminate unreasonably against citizens of another state—they must give the same rights to people from other states that they give their own citizens Right to: pass through, or live in any state; use the courts; buy/sell/hold property Interstate Compacts—written agreement between 2 or more states Meant to help states settle differences/disagreements peacefully Must be approved by Congress (don’t want states to form alliances against the government) Use these to deal with issues regarding air and water pollution, transportation, business, etc. Lawsuits Between States Heard in the Supreme Court Variety of reasons: water rights, sewage, polluting, boundary lines, etc.

Differing Views About Federalism

Federalism and Public Policy Defining Policies Policy—a plan that includes general goals/procedures Public policy—stated course of action the government takes to address problems or issues State and Local Policies 50 state; 1,000s of local government Set policies that may expand beyond a single state

Federalism and Public Policy National Policies National government may step in and block state/local policies if it goes against national policies: 1964 Voting Right Act National Power and the Commerce Clause The S.C. has expanded power of national government to regulate interstate commerce Commerce: anything to do with buying, selling, transporting goods across state lines Has been applied to other situations (like the Civil Rights Movement) where commerce could apply

Federalism and Political Parties Stronger State and local powers Stronger national government powers Republicans, conservatives, Tea Party, libertarians 10th Amendment State/local governments are closer to the people and better reflect their needs “Big Government” is a threat to individual liberty Democrats, liberals, progressives Supremacy and Elastic clauses National government is better equipped to solve major social and economic problems No matter what state a person lives in, they should have the same opportunities as every other citizen

Federalism and Political Participation Why/how does federalism increase opportunities for political participation?