Chapter 4 Federalism Federal level State and local levels

Section 1—Federalism: The Division of Power Why Federalism? How to create a strong government, yet protect the rights of the States. Articles of Confederation were too weak. Hate for the British strong central government. The Framers were convinced: Government must pose no threat to individual liberty. Governmental power must be restrained. Divided power curbs and prevents abuse.

Federalism Defined: Division of powers between a National Government and various State governments. Dual system with areas of authority. Preserves local character of laws. Liquor, gasoline, voter registration, sales tax, income tax, drivers licenses, unicameral, etc. Big matters like national defense and natural disasters can be handled nationally.

Powers of the National Government. Delegated Powers—those granted to the National Government by the Constitution. Expressed Powers—spelled out in words. 18 clauses, 27 powers—Article I, section 8. Implied Powers—not spelled out but reasonably suggested. “Necessary and Proper” Clause Convenient and Useful—Elastic Clause Highways, interstate crime, racial discrimination, interstate commerce.

Powers Denied to the National Government. The Inherent Powers—few in number, but usual and customary for national governments. Immigration, diplomatic affairs, protection against rebellion, etc. Powers Denied to the National Government. Powers to levy duties on exports between states. Prohibit freedom of religion, speech, press, or assembly. Conduct illegal searches or seizures. Deny to any person accused of a crime a speedy and public trial or trial by jury.

Powers Denied to the National Government. By silence because all national powers must be given expressly, implicitly, or inherently. Power to create a public school system. Enact uniform marriage and divorce laws. Set up local units of government. Powers that would destroy the federal system. Taxation of States in doing their natural functions.

The States Powers Reserved to the States. Reserved Powers. Can deal with marriage, liquor, pornography, prostitution, gambling, licensure of professionals, drug trafficking, land use laws, regulation of utilities Police power Section 2 of the 21st Amendment grants unlimited power to regulate the manufacture, sale, and consumption of alcoholic beverages.

Powers Denied to the States. Treaties, alliances, or confederations. Print or coin money. Deprive one of life, liberty, or property without due process of law. Inherently the States may not tax the functions of the National Government. State Constitutions limit State Government too.

The Exclusive and the Concurrent Powers. Exclusive Powers: Coin money Make treaties Lay duties (taxes) on imports Regulate interstate commerce Concurrent Powers: Taxation Define and punish crimes Condemn property Establish courts

The Federal System and Local Governments. 87,000 units—all part of State Government. All local government actions are controlled by and delegated to them by State Government. The Supremacy Clause Article VI, Section 2---”the supreme Law of the Land.” The Supreme Court and Federalism. McCulloch v. Maryland—1819, involved the attempt of the Maryland legislature to tax the Second Bank of the United States. The Supreme Court is the “umpire” of the federal system.

Section 2—The National Government and the 50 States The Nation’s Obligation to the States Republican Form of Government Not defined but generally means “representative.” The Supreme Court says this is a political question. After the Civil War Southern States had to ratify the 13th, 14th, and 15th Amendments to be readmitted. Until they did they were considered “not-republican.”

The Nation’s Obligations to the States (cont.) Invasion and Internal Disorder Original intention is obsolete. Now occasionally used to protect against “Domestic Violence.” Governor usually requests. Race conflict of the 1960s Ravages of nature Respect for Territorial Integrity

Admitting New States No new state may be created by taking territory from another without their consent. 37 added since the original 13 Enabling Act State Constitution prepared. Popular vote. Act of Admission by Congress. Conditions for Admission Rare restrictions Southern states had loyalty oaths for readmission Restrictions are often void after admission.

Cooperative Federalism Shared powers Federal Grants-in-Aid Northwest Ordinance provision for education—1787 Morrill Act of 1862—to fund education Education, low-income housing, local law enforcement, mental health, etc. Revenue Sharing—1972-1987—few strings, only non-discrimination.

Shared Powers Types of Federal Grants Other Forms of Federal Aid Categorical Grants School lunch, sometimes require matching. Block Grants—broader than Categorical Project Grants—more specific Other Forms of Federal Aid FBI assistance, National Guard, Lulu payments State Aid to the National Government Conduct elections, use jails, naturalization

Section 3—Interstate Relations Interstate Compacts Must have the consent of Congress More than 200 Compacts exist today Full Faith and Credit Applies only to civil, not criminal matters. Divorces may not be recognized. Williams v. North Carolina “Intent” to be a resident was determinant.

Privileges and Immunities Extradition Mandatory Privileges and Immunities Cannot favor residents over others For some privileges residency can be a required standard---voting, hunting/fishing, out of state tuition, etc.

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