Chapter 12, Section 1 The Federal System

The Constitution and Federalism The original 13 colonies behaved like individual nations. The national gov’t under the Articles of Confederation was weak and ineffective. Under the new Constitution the states agreed to give up some independence. The Framers created a Federal System, or federalism, in which the federal government shares power with state and local governments. If a state law conflicts with federal law, the federal law rules The constitution says that each state is allowed to maintain a militia The government may call on the National Guard in local emergencies. The president may also federalize the national guard

The Constitution and Federalism The Constitution forbids states governments from making treaties with other countries, declaring war, issuing money, or imposing import taxes. Reserved Powers The tenth amendment says that states may exercise all powers not given to the federal government or denied to the states. States used reserved powers to promote health, safety, and welfare of their citizens. They set up police forces, build roads, run schools, and organize local governments.

The Constitution and Federalism Concurrent Powers Powers that are shared by the state and federal governments. The Supremacy Clause of the U.S. constitution says if these laws conflict, federal law wins. Established in the ruling of McCulloch vs. Maryland

Governmental Cooperation The federal government provides grants-in-aid, or money to the states to help pay for their programs. States must use some of their own money and follow the rules set forth by Congress. Article 4 of the Constitution requires states to give “full faith and credit” to the laws and court decisions of other states. This encourages interstate cooperation. It also requires all states to have a “republican form of government”, in which the federal government will defend state governments against invasion or domestic violence. In return, states provide services to the federal government. For example, states conduct federal elections and approve constitutional amendments.

State Constitutions State constitutions vary, but they all provide for separation of powers among three branches of government. They outline the organization of each branch, the power and terms of office, and the method of electing officials. State constitutions contain bills of rights that include all or most of the protections in the U.S. Bill of Rights. Some include additional protections. State Constitutions establish differnet types of local governments, including counties, townships, municipalities, special districts, parishes, and boroughs.

State Constitutions State constitutions regulate the ways state and local governments can raise and spend money State constitutions establish state agencies, boards, and commissions. A state’s constitution is the highest law in the state, but it may not clash with the U.S. constitution.