Chapter 12.1 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 gov’t created by the new Constitution, the states agreed to give up some independence.

continued The Framers created a federal system, or federalism, in which the central gov’t and states share power. The sharing is not equal. When state and national laws conflict, national law rules. Federalism is a middle ground. The Framers wanted the national gov’t to be strong enough to be effective yet have some limits.

continued The Constitution says that no state can be divided or merged with another without its consent. It also allows states to maintain a militia. The governor may call on the National Guard in local emergencies. The president may federalize the Guard.

continued The Constitution forbids states to make treaties with foreign countries, declare war, keep an army in peacetime, issue money or impose import taxes. Amendments forbid state gov’ts from taking away civil liberties.

continued The 10th Amendment says that states may exercise all powers not given to the federal gov’t or denied to the states. These are reserved powers. States use reserved powers to promote the health, safety and welfare of their citizens. They set up police forces, build roads, run schools and organize local gov’ts.

continued Concurrent powers are powers shared by the state and federal gov’ts. However, the supremacy clause in Article VI makes the laws of Congress the “supreme law of the land”. In McCulloch v. Maryland, the Supreme Court held that when state and federal powers conflict, federal powers take precedence.

continued Supporters of states’ rights argue that because the states created the national gov’t, all the national gov’ts power should be limited. They believe the states are closer to the people and better reflect their wishes.

continued Nationalists argue that people, not the states, created the national gov’t and the state. They believe that the “necessary and proper” clause of the Constitution give Congress the right to adopt any means it needs to carry out its powers. The balance of power has shifted back and forth between the states and the national gov’t throughout American history.

Government Cooperation The federal gov’t provides grants-in-aid or money to the states to help pay for their programs. States must contribute some of their own money and follow the rules set by Congress. The federal gov’t gives grants to cities and countries. Sometimes the money goes to the states first. The states then award grants to cities and counties, with conditions attached.

continued Article IV requires states to give “full faith and credit” to the laws and court decisions of other states. This encourages interstate cooperation. It also requires every state to have a “republican form of gov’t”. The federal gov’t will defend state gov’ts against invasion or domestic violence, such as a riot. In return, states provide services to the federal gov’t. For example, states conduct federal elections. Also, states must approve constitutional amendments.

State Constitution State constitutions vary, but they all provide for separation of powers among three branches of gov’t. They outline the organization of each branch, the powers 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.

continued State constitutions establish different types of local gov’ts, including counties, townships, municipalities, special districts, parishes and boroughs. State constitutions regulate the ways state and local gov’ts can raise and spend money. They establish state agencies, boards and commissions.

continued A state’s constitution is the highest law in the state, but it may not clash with the U.S. Constitution. The amendment process varies. In most states, an amendment must be first proposed, usually by the legislature and then ratified by the voters.