Chapter 4: Federalism

S1: Federalism The Framers believed that government power must be divided and __________ so that it cannot threaten individual liberty. The Constitution divides power between the federal government and the States through federalism. Federalism creates two basic levels of government that __________. Each level has some powers denied to the other level.

Federalism, cont. Federalism allows local _____________ to handle local concerns while the national government deals with national issues. This gives each of the States some flexibility when dealing with challenges. Successful State programs, such as welfare reform, can influence national policies as well as policies in other States. Federalism also lets the nation ___________ in a united way to serious crises like war or natural disasters.

Expressed Powers The congressional powers specified in the Constitution in Article I include the power to coin ____________, raise armed forces, and levy taxes. Other expressed powers are granted to the President in Article II and the Supreme Court in Article _____.

Implied Powers Checkpoint: Why is the Necessary and Proper Clause sometimes referred to as the Elastic Clause? The Necessary and Proper Clause gives Congress the power to make all laws “necessary and proper” for carrying out its expressed powers, so it is said to ___________ to cover many situations. Congress exercises many _________ powers that are based upon its expressed powers. These implied powers include building the interstate highway system and banning racial discrimination in public places. Checkpoint Answer: The clause can be “stretched” to provide a wide range of implied powers, as long as those powers can be seen as necessary to carry out the expressed powers granted by the Constitution.

Inherent Powers Every national government has certain powers, called inherent powers. These inherent powers are _______ based on the Constitution. Inherent powers include acquiring territory, defending the nation, regulating __________, and conducting diplomacy. NOTE TO TEACHERS: In this image, President George W. Bush meets with Chancellor Angela Merkel of Germany at the 2007 G8 Summit.

Denied Powers The Constitution denies certain powers to the federal government. Some powers are specifically _____________, such as the power to prohibit freedom of religion, speech, press, or assembly. Other powers, like creating a national school system, are denied because they cannot be based on expressed powers. Finally, the national government cannot have powers that would _______________ the existence of the federal system.

State Reserved Powers The 10th Amendment reserves to the States all _________ not given to the federal government or denied to the States. These powers include the police power, which lets a State protect and promote public health, morals, safety, and general welfare. State and local governments use the huge scope of the reserved powers to perform many of their ___________ actions.

State Reserved Powers, cont. Issuing driver’s ___________ is a power reserved to the States. Most States require a written, on-road, and vision test. The age at which teenagers can get a license and the rules new drivers must follow _______ from State to State.

Powers Denied the States The Constitution specifically denies some powers to the States. Some of these powers are also denied to the federal government. Other powers denied to the States are exclusive to the federal government. For example, States cannot tax imports or coin __________, but the federal government can. The States are denied some powers by the nature of the federal system. No State can _______ the federal government or regulate interstate trade.

Concurrent Powers Concurrent powers are _____________ by the federal government and State governments. They allow the federal system to function. They include all powers not exclusive to the national government or denied to the States. Local governments use these powers only with the _______________ of their State.

Sharing Responsibility Some powers are _____________ by both levels of government, as you can see in the circle. Why do both levels of government have the power to establish law ____________ agencies? Answer: As there are separate federal and state laws, each level of government needs separate law enforcement agencies to ensure that its laws are obeyed.

Supreme Law The Constitution is the supreme law of the land, standing above all __________ and acts of Congress. Below these federal laws come State laws. In a federal system, State and federal laws sometimes conflict. The Supreme Court settles _____________ between State and federal laws. The Court can rule a State or federal law to be unconstitutional.

Supreme Law, cont. In the _________ case McCulloch v. Maryland, the Court ruled that when federal and State laws conflict, the federal law wins if it is constitutional. Answer: The cartoon figure of Andrew Johnson is attempting to do something that would violate the Constitution, but because it is the Supreme law of the land, he is smashed under the weight of its ultimate authority. This signifies that even the President is not above the Constitution.

S2: Guarantees and Protections The Constitution guarantees each State a republican form of government. This guarantee is interpreted to mean that each State must have a ________________ government. The Federal government must protect the States from invasions and domestic violence. Federal force has rarely been used to restore order inside a State, though it happened in the 1960s during the ________________movement.

Other Protections Presidents normally send in troops by State ____________, but if national laws, functions, or property are endangered, they do not need to wait for a request. The national government must recognize the legal existence and physical __________ of each State. Each State must be ________________ in the U.S. Congress.

Admitting New States The Northwest Ordinance of ________ set the rules for admitting new States. It established the principle that U.S. territories could become equal members of the nation once they had a high enough _______________. Only Congress can admit new States. A new State cannot be made from the territory of any existing States without their consent.

Admitting New States, cont. Congress has admitted ____ States since the nation was founded. Most States spent at least 15 years as part of territories before admission. In ______, Hawaii and Alaska became the last two States added to the Union. NOTE TO TEACHERS: Above image shows residents of Hawaii celebrating their new statehood in 1959.

Territorial Expansion of the U.S.

Admission Procedure Checkpoint: What must a territory do once an enabling act is passed by Congress? An area desiring Statehood first asks Congress for admission. If Congress agrees, it passes an _____________ act. The territory must then hold a convention to write a proposed constitution. This constitution must then be ____________ first by territorial voters and later by Congress. Checkpoint Answer: The territory must hold a convention to create a proposed state constitution, which must then be ratified by the territory’s voters and later by Congress before the state can be admitted into the Union.

Admission Procedure, cont. If Congress approves the State constitution, it passes an act of _____________, which the President must then sign to admit the new State. Congress may require a State to meet certain conditions before being admitted. For example, __________ was not admitted until it outlawed polygamy. These conditions cannot interfere with a State’s independent right to manage its own internal affairs.

Louisiana Becomes a State The Louisiana Territory was bought by President Thomas ___________ from France in 1803. This purchase nearly doubled the size of the United States. By 1810, _________ people lived in the area of what is now the State of Louisiana and they wished to acquire Statehood. In 1812, Louisiana became the 18th State.

Federal Grants Congress began granting federal lands and money to the States early in the nation’s history. Land ___________ were often used to establish schools, colleges, and roads, while cash grants were less common until the 1930s. Today there are more than 500 grant programs offering about $300 billion. States often depend on this money to fund services, which increases the __________ of the federal government in many policy areas.

Types of Federal Grants Congress sets aside money for three types of grants-in-aid: ______________ grants must be used only for a specific purpose. They require States to contribute their own funds, have an agency monitoring the grant, and obey federal guidelines for using the grant money. Block grants have broader goals and fewer strings attached. Project grants fund various _______ and local projects.

Types of Federal Grants, cont.

Other Types of Aid Federal organizations help many State institutions do their jobs. The ________ assists State and local police. The U.S. military trains and equips State National Guard Units. The federal government also pays local governments the equivalent of property taxes on federal land. State governments assist the national government in many ways. State and local governments pay for and organize the _______________ process.

S3: Interstate Compacts States can enter agreements with other States and with foreign governments with the ________________ of Congress. The number of these agreements has increased over time. There are interstate agreements to share law enforcement data, counter global climate change, encourage cooperation between public ________________, and coordinate the conservation of water and wildlife.

Interstate Compacts, cont. States also cooperate to manage shared resources and _________ areas. The States of Utah, Arizona, __________, and New Mexico meet at the “Four Corners.”

Full Faith and Credit The Full Faith and Credit Clause of the Constitution requires each State to honor and enforce the laws, _____________ documents, and court rulings of other States. Documents issued in one State—such as birth certificates—must be ______________ in all States.

Exceptions There are two key exceptions to the Full Faith and Credit Clause: It applies only to the _____________ laws of each State, not the criminal laws. If a person who does not live in a State is granted a divorce by that State, the State in which that person actually resides can ______ to recognize the divorce.

Marriage and Divorce Only the State in which a couple has established ________________ can grant them a divorce. Same-sex marriages are outlawed by the federal government and 41 States. However, several States allow legal same-sex marriages or civil unions. The Defense of Marriage Act (DOMA) says that no State can be ___________ to recognize a same-sex marriage performed in another State. Overturned in 2013

Marriage and Divorce DOMA was determined to be unconstitutional Interracial marriage was ________ in many States until the Supreme Court ruled in 1958 that such laws were unconstitutional. NOTE TO TEACHERS: The above image shows Richard and Mildred Loving. The couple married in Washington D.C. in 1958, but were arrested in Virginia, their home state, where interracial marriage was illegal. The case went to the Supreme Court, which declared the Virginia law unconstitutional.

Extradition The Constitution states that people charged with a crime in one State who flee to another State must be _____________— returned to the State where they were originally charged. Typically a State governor asks another State governor to return any captured fugitives. Such requests are usually upheld. If extradition is challenged, the federal government can order a ________________ to extradite a fugitive.

Privileges and Immunities No State can make ________________ distinctions between its residents and residents of another State. Each State must recognize the right of any American to travel in or become a resident of that State. Citizens can also marry, buy, own, rent, or sell property, and use the courts in any State, no matter ____________ they live.

Privileges and Immunities, cont. States can make _______________ distinctions between their residents and those of other States. People can be required to live in a State for certain period of time before they can vote, hold public office, or be licensed in certain professions. States can also charge higher fees to out-of- State hunters, fishers, or students attending a State’s _________________ universities.

Privileges and Immunities, cont. Checkpoint: Why might a State be restricted from making distinctions between its residents and those of another State? This could lead to unfair social or economic ________________ of U.S. citizens, such as preferential hiring of in-State residents or lower welfare benefits for newly arrived residents. It could also cause ____________ between States. Checkpoint Answer: It could lead to prejudiced treatment of people from other states or recent residents who come from other states, which would lead to conflict and would violate the 14th Amendment Equal Protection Clause.