FEDERALISM

The Framers of the Constitution reconciled the need for an effective central government with respect for State governments by creating a system of federalism The Constitution set up a system of federal government dividing the power between the National government and the States

Federalism: provides for geographic distribution of power produces a dual system of government the National and State governments operate over the same people and the same territory at the same time

Federalism cont’d: provides for strength through unity Federalism allows and encourages local action matters of local concern, yet it provides for strength that comes from union (national disaster) Federalism’s major strength is that it allows local actions and matters of local concern, and national action in matters of wider concern

Powers of the National Government Expressed powers – review Implied powers – review

Powers Denied to the National Government some are expressly denied – duties on exports it can not deny the rights stated in the Bill of Rights denied because of the silence of the Constitution – government only has those powers delegated (given) to it can not create a public school system for the nation, set up uniform marriage and divorce laws, or set up local governments

Powers Denied to the National Government Cont’d denied because of the Federalist system itself – can not undermine the states’ powers, things that would threaten the system itself. Can not tax any of the states or their local units. If it could, it could tax a state or local government out of existence

Other “Powers” Defined Concurrent Powers – both Federal and state governments can exercise powers separately and simultaneously Lay and collect taxes, define crimes and set punishments Reserved Powers – powers held by the States Set up public schools, grant marriages and divorces, etc Set up units of local governments Local governments derive their power from state constitutions and state laws

SUPREME LAW OF THE LAND The US Constitution is the Supreme Law of the land. Acts of Congress and treaties are directly beneath it (they themselves are equal) If an act of Congress conflicts with a treaty, the more recent one has priority

INTERSTATE RELATIONS Interstate compacts: Agreements among the states themselves Conservation, supervision of parolees, forest fire protection Full Faith and Credit: States must honor the legality of one another’s civil laws and court decisions Birth certificates, marital status, divorces

INTERSTATE RELATIONS CONT’D Extradition: Legal process by which a fugitive from one state is returned to it by another Privileges and Immunities: A resident of one state will not be discriminated against unreasonably by another state people have the right to pass through, and move to other states a state can require a period or residency to vote, apply for a license to practice law, medicine, pharmacy, etc, out of state college tuition