Federalism The division of power between a national government and several state governments.

Where does it say this in the Constitution? Implied in the Constitution Spelled out in the 10th Amendment “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”

Strength of Federalism It allows local action in matters of local concern and national action in matters of wider concern. Local traditions, needs, & desires vary from state to state.

Examples of Local Control In NJ and OR, motorists cannot pump gas themselves. No self-serve! In ND, voters can cast a ballot without registering. NE has a unicameral house in its state legislature OR allows assisted suicide No sales tax in AK, DE, NH, MT, & OR

Powers of the National Government Powers are delegated – it has only those powers granted to it in the Constitution. Three types: Expressed/Enumerated Implied Inherent

Expressed Powers – powers written in the Constitution (Enumerated Powers) Article I, Section 8 – in 18 clauses, 27 powers are expressly given to the gov’t Power to lay and collect taxes Coin money Regulate foreign trade Raise and maintain armed forces Declare war Fix standards of weights and measures Grant patents and copyrights Article II, Section 2 – gives several powers to the President Grant reprieves and pardons Commander in chief of armed forces Make treaties Appoint federal officials

Implied Powers Powers that are reasonably suggested by the expressed powers. Necessary and Proper Clause – Article I Section 8 Clause 18 “Congress has the power to make all Laws which shall be necessary and proper for carrying into Execution the foregoing powers and all other powers vested by this Constitution in the government of the US or in any Department or Officer thereof.”

Examples The power to regulate interstate commerce: Regulates labor-management relations Builds hydroelectric power dams Built 42,000 miles of highway Federal crime to move stolen goods across state lines Prohibits racial discrimination in access to restaurants, theaters, hotels, etc.

Inherent Powers These powers belong to the national gov’t because it is the national government of a sovereign state in the world community. (other nations have them too) They exist because the US exists! Regulate immigration Deport aliens Acquire territory Grant diplomatic recognition to other states Protect the nation against rebellion or coups

Powers Denied the National Government Expressly denied – The National Government CANNOT Tax exports Take private property Prohibit freedom of religion, speech, assembly, or press Conduct illegal searches or seizures Deny accused of a speedy, public or jury trial

Powers Denied to the National Government Because of the Silence of the Constitution Create public school system Enact uniform marriage and divorce laws set up units of local government (the lack of a provision to delegate this power to the national government, actually denies them the power to do so)

Powers Denied to the National Government Some powers are denied because of federalism itself. National government cannot tax a state in carrying out its governmental functions.

Powers Reserved to the State Anything the Constitution does not expressly give to the national government Anything the Constitution does not deny to the states.

Examples Marriage under 18 requires parental consent Can ban pornography or prostitution Can require state licensing for doctors, lawyers, plumbers, and hairdressers. Confiscate property paid for by drug $ Create public schools Restrict utility profits

Powers Denied to the States Enter into and treaty, alliance, or confederation Print or coin money Deprive any person of life, liberty or property without due process State Constitutions also deny many powers to individual states

Exclusive Powers of the National Government (belong only to them and not the states) Regulation of Interstate commerce Coin money Make treaties with foreign nations Tax imports

Concurrent Powers (Both State and National possess these powers) Power to levy and collect taxes Take private property for public use Define crimes and set punishments

Nations Obligations to the State Guarantee a Republican form of government (undefined) To protect against invasion or domestic violence (riots, natural disasters) Respect the territorial integrity of each state

How else does the National Government help the States? FBI helps state and local police Army and air force equip and train State’s national guard Census Bureau statistics help local planning Federal money to local areas where large federal landholdings exist. (Fermi Lab, Argonne National Research)

State Aid to National Gov’t Funds national elections Regulates national elections Naturalization takes place in state courts State and local police officers often pick up and jail federal criminals

Full Faith and Credit Clause The Constitution commands: “Full Faith and Credit shall be given in each state to the public acts, records, and judicial proceedings of every other states” Article IV, Section1 Except in criminal cases and divorces where one spouse is not a resident of the state granting the divorce.

Privileges and Immunities Clause “The Citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.” Article IV, Section 2, Clause 1 Unreasonable distinctions - can marry, buy, own, rent, or sell property, and use courts, must not allow hiring preferences Reasonable distinctions – residency and voting requirements, fishing/hunting rights, out-of-state tuition is ok to charge.

Article IV, Section 2, Clause 2 Extradition “A person charged in any state with treason, felony, or other crime, who shall flee from Justice, and be found in another state shall on demand of the executive authority fo the state from which he fled, be delivered up to be removed to the state having jurisdiction of the crime” Article IV, Section 2, Clause 2

Supremacy Clause “The Constitution…shall be the Supreme Law of the Land; and the judges in every state shall be bound to thereby,… Article VI, Section 2