Federalism Division Powers

Comparative Politics How is power distributed Geographically? Definitions: Unitary Federal Confederate

Federalism Definition Giving certain powers to the National Government and others to the State governments The “division” of powers vertically Decentralizes our politics Allows more people access Govt. to be more responsive

Federalism Why did the Founding Fathers want this? Dividing power would help “curb” or check governmental power Would help keep government under the people’s control No other option – views of the people in 1787 – loyal to states

Federalism This system was implied by the Constitution This system was specifically expressed in Amendment 10 “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved for the States respectively, or to the people.”

Strengths “Diffusion” of power National and State Allows for local action over local affairs Local concerns vary from place to place States are often laboratories for policies Most national policies started as a state policy Decentralizes policies National action over national affairs

Drawbacks? State Differences No Sales Taxes Can’t pump your own gas Education spending, Minimum Wage No Sales Taxes AK, DE, NH, MT, OR Can’t pump your own gas OR, NJ Unicameral (one house) legislature NB Conflict with Fed Govt ID’s for flying - http://www.nytimes.com/2015/12/29/business/tsa-moves-closer-to-rejecting-some-state-drivers-licenses-for-travel.html?_r=0 http://www.localnews8.com/news/idaho/idaho-granted-real-id-extension-as-implement-work-continues/112069753

Growth of Feds Authority and scope of the Federal government has grown over the years Efficiency & Uniformity Space Program, Environmental Regulations, etc.

National Powers Delegated Powers 3 Types The national govt. has ONLY the powers granted to it by the Constitution 3 Types Expressed, Implied, Inherent

National or “Delegated” Powers State or “Reserved” Powers Concurrent Powers Inherent Implied Expressed National or “Delegated” Powers State or “Reserved” Powers

Expressed Powers “Spelled Out” in Constitution Enumerated Powers Article I, Sec. 8 (p. 763) Tax, borrow $, regulate trade, coin $, issue patents, raise and maintain army & navy

Expressed Powers Article II, Sec. 2 (p. 767) Article III (p. 768) Commander-in-Chief, grant reprieves and pardons, make treaties, appoint federal officials Article III (p. 768) Judicial Power Amendments 16th – Income Tax

Implied Powers Not specifically mentioned – but reasonably suggested by the expressed powers Article I, Sec. 8, Clause 18 – “Necessary and Proper Clause” (p. 765) Necessary and Proper – “Convenient and Useful”

Implied Powers Examples Regulating labor relations, building interstate highways, building hydro-electric dams All fit under “regulating Commerce”

Inherent Powers The national govt. has those powers simply because it is a national govt. Regulate Immigration Acquire Territory Grant diplomatic recognition to other nations Protect nation from rebellion

National or “Delegated” Powers State or “Reserved” Powers Concurrent Powers Inherent Implied Expressed National or “Delegated” Powers State or “Reserved” Powers

Powers Denied Some are denied specifically Tax exports, prohibit freedom of religion, speech, press, etc. Some are denied because they are never mentioned 10th Amendment Public School systems, /regulate local governments, marriage or divorce laws

State Powers Reserved Powers (10th Amend) Very Broad – as long as it’s not denied by the US Constitution or specifically given to National Govt. Teacher certification, drinking age, gambling, auto licenses, public schools, police powers, all elections Same-Sex Marriage – New Ruling Equal representation in the Senate (unamendable) Can’t dissolve states or change borders

State Powers Most power exercised today is on the state/local level Denied Powers No treaties, can’t print money, has to give due process, can’t tax or regulate federal agencies State Constitutions may have restrictions too

Delegated v. Reserved Powers Some Expressed Powers are Exclusive Can only be exercised by the national government Concurrent Can be exercised by BOTH the national government and the states Reserved Can only be exercised by the States

Local Governments Exist as a part of the state governments Created by the states Exercising State Powers Each state has a UNITARY form of government State governments create local governments for it’s own convenience

Obligations National Govt’s responsibilities to States Protect against violence and invasion

Article IV - Supremacy Who is Supreme? National Supremacy Clause National Constitution National Supremacy Clause . . . . Shall be the supreme law of the land. . . The National Constitution, national laws (Constitutional), treaties are supreme to the state constitutions and laws State Judges directed to uphold Const.

Article IV - Supremacy Who is Supreme? National Supremacy Clause National Constitution National Supremacy Clause . . . . Shall be the supreme law of the land. . . The National Constitution, national laws (Constitutional), treaties are supreme to the state constitutions and laws State Judges directed to uphold Const.

McCulloch v. Maryland (1819) Issue Bank of the United States Maryland (and most states) opposed to it Tax it – to destroy it?

McCulloch v. Maryland (1819) Ruling Congress can create a bank Necessary and Proper Clause – implied power MD can’t tax – National government is supreme National Govt. gets power directly from the people

Commerce Congress has the power to regulate interstate and international commerce What is it – really??? Gibbons v. Ogden (1824) Background Ruling Effect of the Great Depression & New Deal Court ruled against national govt. at first, then for it Effect of Civil Rights Legislation Brown v. Board of Education (I & II)

Commerce To regulate commerce is one of the national government’s most important source of power

State obligations to other States “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other state” Civil not Criminal matters States do not enforce laws of other states Marriage, Divorce, Drivers Licenses, Loans, etc.

Art. VI - Full Faith and Credit Extradition is required by the Constitution A fugitive runs to another state, they will be arrested and delivered to the state where the offense occurred Sometimes contested Racial issues, crimes in the second state

Privileges and Immunities Citizens of each state receives all the privileges and immunities of any other state they may be in Prohibits discrimination Sales Taxes, speeding tickets, Many exceptions University tuition, voting, hotel room taxes, General rule The more fundamental the right, the less likely a state can discriminate

Dual to Cooperative Federalism Dual (Layer Cake) – 1789-1932 Cooperative (Marble Cake) 1932 - now Shared Costs Federal Guidelines – “strings attached” Shared Administration Devolution 1980’s to today US v. Lopez

Fiscal Federalism National Govt. influence over states - $ Categorical Grants: main source of aid Can only be used for specific purposes “Strings attached” – non discrimination 2 types: Project Grants (most common) – competitive applications Formula Grants – distributed according to formula such as population, income, etc. Block Grants: Given to states to use how they see fit

Fiscal Federalism Mandates Partially Funded Unfunded Courts Medicaid Americans with Disabilities Act, Clean Air Act of 1970 Courts Rulings can impose standards states must implement

V- Admitting New States Who has that power? Congress Can’t make a state out of territory taken from another state w/o permission Maine Usually a territory before a state

Admitting New States Admission Procedure Territory asks Congress for Admission Congress (if they choose) passes an enabling act Territory creates a Constitution Constitution is submitted to Congress for OK President signs (not required)

Admitting New States Conditions Congress can set conditions for admission, but not after they are admitted Arizona – 1911 Popular recall of judges