National and State Powers Federalism National and State Powers

The Division of Powers The Constitution divided government authority by giving the national government specified powers, reserving all other powers to the states or to the people. The American concept of federalism has changed with the times. Federalism is not a static but a dynamic relationship between levels of government.

National Powers Delegated Powers – the powers of the national government are known collectively as the delegated powers Expressed Powers – those powers stated directly in the Constitution – also called the enumerated powers Implied Powers – those powers that the national government requires to carry out the powers that are expressly defined in the Constitution The basis for the implied powers is the necessary and proper clause (elastic clause) found in Article I, Section 8 Implied powers have helped the national government strengthen an expand its authority.

Inherent Powers – those powers that the national government may exercise simply because it is a government Control immigration Establish diplomatic relations

States and Nation Reserved Powers - The Constitution reserves certain powers to the States These powers are not listed in the Constitution, but the 10th Amendment grants to the states or the people those powers not delegated to the national government States may exercise any power not delegated to the national government, reserved to the people denied them by the Constitution Schools, local governments, licensing

Supremacy Clause The Constitution, and the laws of the United States …. Shall be the supreme law of the land …. No state law or constitution may conflict with national law States create local governments

Concurrent Powers Concurrent powers are those powers the federal government and the states both have. Each level of government exercise these powers independently Tax, maintain courts, define crimes, appropriate private property for public use …..

Denied Powers The Constitution specifically denies some powers to all levels of government Article I, Section 9 – Cannot tax exports … Powers denied the states are found in Article I, Section 10 No treaties, Cannot coin money ….

Guarantees to the States The Constitution obligations to the States Guarantee each state a republican government Protect the States from invasion and domestic violence Respect the territorial integrity of each State

Admission of New States The Constitution gives Congress the power to admit new states No state may be formed by taking territory from one or more states without the consent of the states involved Acts of admission, like all laws, are subject to presidential veto The admission begins with an enabling act when signed by the president, enables the preparation of a constitution The constitution after approval by popular vote is submitted to Congress Congress, then if agreeable, passes an act admitting the territory as a state

Five states were created from existing states – Vermont, Kentucky, Tennessee, Maine, and West Virginia West Virginia’s admission was controversial over approval by the Virginia legislature Texas was admitted by joint resolution and skipped the territorial period Puerto Rico has considered statehood, but rejected statehood by a vote in 1993

Conditions for Admission Congress or the president may impose conditions before admitting a new state Taft required Arizona to change its constitution on the recall of judges Alaska was prohibited from making claims for lands legally held by Native Americans or Aleuts

Equality of the States Once admitted to the Union, each state is equal to every other state and has the right to handle its own affairs No state has more privileges or fewer obligations than any other Each state is legally separate from every other state in the Union All states are bound by the Constitution

The Supreme Court as an Umpire Because federalism divides the powers of government, disputes between the state and national government are common. The courts often settle disputes and acts as an umpire McCulloch v Maryland the court ruled in favor of the National Government affirming its supremacy

Interstate Relations “Full faith and credit” The Constitution states that “full faith and credit” shall be given in each state to the public acts, records, and judicial proceedings of every other state This clause applies to civil laws, or laws relating to disputes between individuals, groups, or with the state – one state cannot enforce another state’s criminal law Public Acts refer to laws passed by state legislatures Records are documents like mortgages , deeds, leases … Judicial proceedings refer to judgments ..

Privileges and Immunities – as interpreted by the Supreme Court , this clause means that one state may not discriminate unreasonably against the citizens of another state Includes pass through or live in any state, use the courts, make contracts, buy, sell, hold property, marry …. Does not include voting, serving on juries, using certain public facilities or institutions … Residency requirements and higher fees are allowed

Interstate Compacts – written agreements between states Extradition – provides for the Governor of a state responsible for returning fugitives Interstate Compacts – written agreements between states Used to settle disputes (boundaries) Deal with issues like air and water pollution Regional problems – transportation of Hazardous materials National or foreign governments may be a party Congress must approve interstate compacts

Evolution of Federalism Throughout American history there has been a dispute as to how federalism should operate States Rights – favors state and local action in dealing with issues Believe the states created the national government and gave it limited powers National government is an agent of the states Nationalist – favors national action Believe the people created the national and state governments, therefore, the national government is not subject to the states

Believe the “necessary and proper clause” means Congress has the right to adopt any means that are convenient and useful to carry out its delegated powers

Evolution of Federalism Nationalism Expansion of national power Marshall Court Broad interpretation of National Governments Power Dual Federalism One Roger Taney Separate Distinct Powers – layer cake Supported States Rights Dual Federalism Two Plessy v Ferguson Civil Rights a matter for state government State powers grew, but not equal to national government

Cooperative Federalism 1930’s to 1960’s Grew out of reaction to FDR and New Deal Cooperation between levels - Marble Cake Court began to allow national government to regulate most anything that affected stream of commerce

Creative Federalism New Federalism LBJ – The Great Society Grants Block – broad purposes Categorical – specific projects New Federalism Return of responsibility to the states Nixon – Revenue Sharing Reagan eliminating categorical – favored block grants

Competitive Federalism States and federal government compete for power as well as states v states for federal funds Intergovernmental lobby Federal government controls the purse – the states handle the project Mandates Conditions of Aid

Growing National Government Growing National Government is based on the following: National supremacy clause War Powers Regulate Interstate and Foreign Commerce Commerce clause give national government power to regulate a wide range of human activity because few aspects of the economy affect commerce in only one state Tax and Spend Congress lacks authority to pass laws solely for the general welfare, but it may raise taxes and determine how to spend revenues for this purpose.