Federalism Magruder Chapter Four

Federalism and the Division of Power Section One

Federalism and Division of Power Federalism Defined A system in which powers of government are divided between a national government and several regional or local governments. The Constitution reinforced a federal system with the 10th Amendment.

Federalism and Division of Power Federalism Defined (con.) Federalism allows local actions in matters of local concern and national action in matters of wider concern.

Federalism and Division of Power National Government is one of Delegated Powers It has only those powers granted to it by the Constitution of the United States. Three types of delegated powers exist: Expressed, Implied, and Inherent

Federalism and Division of Power The Expressed Powers are powers that are clearly spelled out in the Constitution. Most are found in Article I Section 8 Others are found in Article II, Article III, and various amendments like the 16th Amendment, which grants Congress the right to collect an income tax. Ex. Coin money, declare war, regulate foreign and interstate commerce etc.

Federalism and Division of Power The Implied Powers are powers reasonably implied by the “Necessary and Proper Clause.” Also known as the Elastic Clause Found in Article I, Section 8, Clause 18 Words have come to mean “convenient and expedient” Ex. Hydro-electric dams, interstate highway system, prohibiting racial discrimination in hotels and restaurants, etc..

Federalism and Division of Power The Inherent Powers are powers that belong to all sovereign states. Power to regulate immigration, deport aliens, acquire territory, diplomatic recognition of other states, protect nation, etc.

Federalism and Division of Power Powers Denied to the National Government Some powers are expressly denied Article I, Section 9; Bill of Rights; cannot tax exports, etc.

Federalism and Division of Power Some powers are denied by silence of the Constitution and; therefore, belong to the states. Public education, marriage and divorce laws, set up units of local government

Federalism and Division of Power Some powers are denied because of the nature of the federalism system. Congress cannot tax any of the state or local government units in the carrying out of their governmental functions, because they could essentially tax a state government out of existence.

Federalism and Division of Power States are governments of Reserved Powers The reserved powers are the powers held by the states in the federal system. Reserved powers are those neither expressly given to the National Government nor denied to the States.

Federalism and Division of Power Powers Denied to the States Some powers are denied expressly. Article I, Section 10; 13th, 14th, 15th, 19th, and 26th Amendments Some powers are denied due to the nature of the federal system. No State can tax a federal institution

Federalism and Division of Power The Federal System and Local Governments Government in the United States operates on two levels, National and State All local governments are subunits of the State. The State governments are actually unitary governments

Federalism and Division of Power The Exclusive Powers These are powers granted only to the National Government. The Exclusive Powers include most of the delegated powers.

Federalism and Division of Power The Concurrent Powers These are powers exercised by both the National and State governments. Collect taxes, eminent domain, crimes Concurrent powers are exercised separately and simultaneously.

Federalism and Division of Power The Supreme Law of the Land The Constitution stands above all other forms of law. The Supreme Court is the umpire in the federal system, deciding conflicts produced by the dual system of government. The Supremacy Clause binds the nation together into a federal state

The Supreme Court The Supreme Court is the umpire of the federal system. McCulloch v. Maryland (1819) Created the idea of National Supremacy

The National Government and the 50 States Section Two

National Government and the 50 States The Nation’s obligations to the States. Guarantee of a Republican form of government. Supreme Court will not define what that is

National Government and the 50 States Each State will have a representative government. Used after the Civil War to declare that several of the Southern States did not have a republican form of government and had to ratify the 13th, 14th, and 15th Amendments and broadened their laws to recognize voting and other rights of African Americans

National Government and the 50 States The Nation’s obligations to the States (con.) Protection against invasion and domestic violence Guarantees federal involvement if any State is invaded by a foreign power, to quell internal conflicts, and natural disasters.

National Government and the 50 States Respect for Territorial Integrity The National Government is bound to recognize the legal existence and physical boundaries of each State. No State can be deprived of equal representation in the Senate without its consent.

National Government and the 50 States Admitting New States Only Congress can admit new States A new State cannot be created by taking territory from one or more existing States without that State’s consent. Territory petitions Congress for Admission Congress passes an Enabling Act

National Government and the 50 States Admitting New States (con.) The territory writes a constitution The approval of the constitution by the voters of the territory Congress passes an Act of Admission When signed by President, State becomes part of the United States.

National Government and the 50 States Admitting New States (con.) Congress can set conditions for the admission of new States. 1896 – Utah – had to outlaw polygamy 1959 – Alaska – Congress prohibited the State from ever claiming title to land held by a Native American

National Government and the 50 States Cooperative Federalism Federal Grants-In-Aid Provides money or other resources to the States to carry out their many functions Began with the Northwest Ordinance of 1787 – set aside land for public education in the future States

National Government and the 50 States Continued with the Morrill Act of 1862 Land grant colleges 1808 – gave States $200,000 to support their militia. Set many new programs during the New Deal More than 500 programs exist today

National Government and the 50 States They permit the National Government to operate in areas in which it would have no constitutional authority Ex. Public education, mental health, low income housing. Categorical Grants – money to be used for a specific purpose. Ex. school lunches Conditional Grants – money granted if certain conditions are met. Ex. Race to the Top.

National Government and the 50 States Block Grants – money for the States with broadly defined purposes and few conditions. Ex. H.U.D. and community development. Revenue Sharing – virtually no strings attached – simply revenue shared with State and Local governments. Ended during the Reagan administration, largely replaced by block grants.

National Government and the 50 States Other Forms of Aid The Federal Government aids the States in other ways. Ex. FBI helping local law enforcement, “Lulu” grants, where the Federal Government holds lots of land and pays money in place of property taxes (in lieu of).

National Government and the 50 States State Aid to the Federal Government Violations of national law, i.e. local government arresting federal criminals. Voting and elections. Citizenship.

Interstate Relations Section Three

Interstate Relations Interstate Compacts Interstate compacts are agreements among States and nonpolitical agreements with foreign nations. Some 200 compacts are now in force. Ex. New York and New Jersey joining in Port Authority of New York. Interstate Compact on Educational Opportunity for Military Children, which helps children of military personnel get equal educational opportunities.

Interstate Relations Full Faith and Credit State’s must honor one another’s public acts, or laws, records, and court actions. Exceptions – the Full Faith and Credit Clause applies only to civil, not criminal, matters and need not be applied to certain divorces granted by one State to residents of another State.

Interstate Relations Extradition Extradition is the legal process in which a fugitive from justice in one State is returned to that State from another. In the past, governors occasionally refused to return fugitives to another State; since 1987, the Supreme Court has held that governors must comply with federal order

Interstate Relations Privileges and Immunities A resident of one State may not be discriminated against unreasonably by another State. All citizens must obey the laws of all other States while in those States.

Interstate Relations Privileges and Immunities (con.) States can make reasonable discriminations against residents of other States. Ex. Higher tuition for out of state students, a period of residence for voting and practicing medicine, law, etc. In Ohio you must be a resident for 30 days prior to an election in order to vote.