Chapter 4: The Federal System Section 1: National and State Powers Section 2: Relations Among the States Section 3: Developing Federalism Section 4: Federalism and Politics

Section 1: National & State Powers I. The Division of Powers A. The federal system divides government powers between the national and state governments. B. Although federalism is set up by the Constitution, the balance of power between the national and state governments has changed over time. II: National Powers A. The national government has expressed powers, which are specifically listed in the Constitution and include the powers to levy taxes, coin money, go to war, raise an army and navy and to regulate trade between the states (interstate commerce)

II: National powers continued B. The national government also has implied powers, which are powers that are NOT specifically listed. These powers are based on the “necessary and proper” or “elastic” clause found in Article I section 8. The Supreme Court upheld the doctrine of implied powers in the case of McCulloch v. Maryland. (1819) C. The national government also has inherent powers, which are the powers a government has simply because it is a government. So, the national government has three types of powers: Expressed Implied inherent

III: The States and the Nation States also have rights called reserved rights. (where in the Constitution do we find them?) Even though states also have rights, what does the supremacy clause say? (and where is it in the Constitution?) The national government and states both have concurrent powers. (where they share powers) Since there’s a Bill of Rights, the Const. also lists rights that don’t belong to the national govt or the states because they belong to the people.

IV: Guarantees to the States A. States are guaranteed a republican form of government (how do we know this?) B States are guaranteed protection from invasion and domestic violence (civil war, for example) C. States are guaranteed that the national government will respect their boundaries. Why would it have been important to make a note of these points in the Constitution?

V: Admission of New States Only Congress has permission admit new states. Congress or the president can set conditions for admitting a state All states are admitted

Section I Discussion questions 1. List and explain three examples of concurrent powers. 2. States’ rights supporters argue that the national government has too much power over the states and local governments. Do you agree? Explain. 3. How do implied and inherent powers affect the national government?

Section 2: Relations Among the States I. Interstate Relations A. The states must recognize the laws and legal proceedings of all other states in civil matters because the Constitution says so. B. Each state must treat citizens equally and can’t discriminate against people from other states (although nonresidents don’t have the same rights and privileges as residents) C. States must extradite criminals. D. States can make agreements among themselves but must get approval by Congress. E. If one state sues another state, the Supreme Court would have jurisdiction

Section 3: Developing Federalism A. Federalism requires a balance between national and state governments. This “balancing act” is not fixed--it has shifted throughout American history. B. People who support “states’ rights” view the national government as something that was created by the states, so it is their agent and should have a narrow scope of powers. In recent history, Republicans have favored this view. C. Nationalists reject this view and say that the people, not the states, created the government, so the power of the government can be strengthened to meet the needs of the people. Democrats are more likely to hold the nationalist view.

II: Growing National Government A. Since the Constitution is pretty flexible, the Supreme Court, the president and Conges have all gradually expanded the role of the national government to meet the needs of a growing America. B. The power to wage war, the power to regulate interstate commerce, and the power to tax and spend are specific ways that the national government has claimed the right to increase its power. C. Supreme Court decisions have also been used to broaden the scope of the national government. (For example, the Civil Rights cases)

III: Federal Aid to the States A. Federal aid has significantly increased since the 1950s. This includes the various types of grants (grants-in-aid: block grants, categorical grants, formula grants) that are used by the states to fund their entitlement programs and provide social services. B. Congress has used the policy of preemption to take over a function from a state. Congress can also issue restraints and mandates as a part of preemption (p. 109) As the national government has grown, it has developed two major ways to influence the states: federal aid and preemption

Section 4: Federalism and Politics I. Federalism and Public Policy A. What is a policy? What is public policy? Because federalism means we have thousands of different governments, lots of ideas for public policies are generated. B. Public policy is generated at the national, state and local level. II. Federalism and Political Parties A. since our elections pit two parties in competition, they often come up with different versions of public policy. This has become a key feature of electoral politics.

Section 4 continued Federalism also gives people lots of opportunities to become involved in government (national, state and local levels) The growth of federal programs has led to the bureaucracy, or specialized workers to carry out government programs