Federalism Chapter 4

Federalism Definition: a system on government in which the written constitution divides the powers of government in a territorial basis between a central or national government, and several regional governments, usually called states or provinces. “The framers found their solution in federalism. In short, the constructed the federal arrangement, with its division of powers, as a compromise. It was an alternative to the system of nearly independent states, loosely tied to another…and a much feared, too powerful central government.”

Division of powers The American system of government stands as a prime example of federalism. “The Powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” -10th Amendment The National government is a government of delegated powers… constitution! There are 3 kinds of delegated powers; expressed, implied, and inherent.

Expressed powers Spelled out, expressly in the constitution Most can be found in article 1, section 8. 18 clauses gives 27 powers to the congress Collect taxes, make money, regulate foreign trade, interstate commerce, raise & maintain armed forces, declare war, fix standards of weights & measures, grant patents & copyrights… Article 2, section 2; powers to the president Grant pardons, commander in chief of armed forces, make treaties, appoint federal officials…

Implied powers “reasonably suggested” Article 1, section 8, clause 18: gives congress the “necessary and proper power.” Elastic clause –stretched to cover so many situations over time Regulation over labor & management, building electric dams, interstate highways, state lines laws; gambling, kidnapping, and stolen goods. Prohibited racial discrimination Most justified by “power to regulate interstate commerce”

Inherent powers Because the national government is a sovereign state in a bigger world community… All national governments have come to possess even if constitution doesn’t say Power to regulate immigration Regulate foreign trade Acquire new lands “These powers exist because the united states exists”

Reserved powers Based on the 10th amendment These are powers not granted to the national government, but not denied to the states. Marriage laws, liquor laws, pornography, prostitution, gambling, licensing laws, Powers denied to the states treaties , alliances, money, or not follow due process of law.

Concurrent powers Shared powers Levy taxes, collect taxes, define crimes & punishment, and condemn private property for public use (eminent domain)

The federal system and local governments More than 87,000 units of local government! They are parts or subunits of the states Local governments can provide services, regulate activities, and collect taxes

The supreme law of the land The supremacy clause The framers anticipated conflict, so they wrote the clause. Article 6, section 2 “This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the united states, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding.”

Supreme court and federalism Clash between states; McCulloch v. Maryland, 1819 Justice John Marshall The supreme court is the umpire.

republic Republic from romans The constitution requires the national government to guarantee to every state in the union a republican form of government

Cooperative federalism Tug of war, shared powers! Grants-in-aid programs Categorical grants Block grants Project grants Revenue sharing

Admitting new states Often more than 15 years. 37 new states! Last was in 1959

Enabling act Act that directs people of a territory to write constitution. Then voted for In the state for acceptance. Then submitted to congress, then passes an act of admission

More State Stuff… Playing Nice! Interstate Compacts Extradition Article 4, section 2, clause 2 Justice in one state means justice in another state 1945: Williams v. North Carolina Federal/national extradition