Chapter Three: Federalism

Nation vs. State Rights Issue starting with Articles of Confederation Founders wanted a representative national government and states as governing bodies

Federalism Federalism: the division of sovereignty, or ultimate governance, between a national government and a regional government A part of the system of checks and balances Another issue of debate during the constitutional convention

State’s Rights States' rights refers to the idea that U.S. states possess certain rights & political powers in relation to the federal government. A commonly cited source for states' rights is the 10th Amendment to the Constitution, which is part of the Bill of Rights

State’s Rights The states' rights concept is usually used to defend a state law that the federal government seeks to override to oppose a perceived violation by the federal government of the bounds of federal authority.

U.S. Constitution The U.S. Constitution establishes a government based on "federalism," or the sharing of power between the national, and state (and local) governments.

U.S. Constitution Our power-sharing form of government is the opposite of "centralized" governments, such as those in England and France, under which national government maintains total power.

Enumerated Powers Enumerated powers: those specifically expressed in the Constitution

Implied Powers Implied powers: the authority to take action not expressly authorizes or written in the constitution Founders left Constitution vague in some areas on purpose so there would be room for interpretation.

Exclusive Powers of the National Government Under the Constitution, powers reserved to the national government include: Print money (bills and coins) Declare war Establish an army and navy

Exclusive Powers of the National Government Enter into treaties with foreign governments Regulate commerce between states and international trade

Exclusive Powers of the National Government Establish post offices and issue postage Make laws necessary to enforce the Constitution

Exclusive Powers of State Governments Powers reserved to state governments include: Establish local governments Issue licenses (driver, hunting, marriage, etc.)

Exclusive Powers of State Governments Regulate intrastate (within the state) commerce Conduct elections Ratify amendments to the U.S.

Powers of the State Reserved powers are the powers of the state. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the states.”

McCulloch v. Maryland Early 1800s 4th Chief Justice of the Supreme Court, John Marshall, established the Supremacy Clause Marshall asserted that the laws adopted by the federal government, when exercising its Constitutional powers, are generally paramount over any conflicting laws adopted by state governments.

State Constitutions

State Constitutions Each of the 50 states has its own constitution http://access.wa.gov

State Constitutions All provisions of state constitutions must comply with the U.S. Constitution For example, a state constitution cannot deny accused criminals the right to a trial by jury, as assured by the U.S. Constitution's 6th Amendment

Federalism Today Trend 1: expansion of national authority which started with President Roosevelt in the 1930’s (ex. Social security)

Federalism Today Trend 2: Devolution—passing down of authority from the national government to state governments (ex. Welfare reform under President Clinton)

The Public’s Influence Can sway policy Example: During depression, states wanted more national government interaction

The Public Example: In 1990’s the public wanted less national involvement and welfare reform occurred Boundaries between roles of state and national governments can change

Summary Exists a division of authority between national and state governments Constitution both helped define national government and protect state governance Trends exist and can influence power