© 2001 by Prentice Hall, Inc. C H A P T E R 4 Federalism

Federalism is a system in which powers are divided on a territorial basis between a Nat'l Gov't and regional Gov'ts. Chapter 4, Section

The Framers were dedicated to limited Gov't. They believed: (1) that Gov'tal power poses a threat to individual liberty (2) therefore the exercise of Gov'tal power must be restrained (3) that to divide Gov'tal power, is to curb it and prevent abuse. Chapter 4, Section

Nat'l Gov't only has those powers delegated (granted) to it in the Constitution. Chapter 4, Section Expressed powers are found within the Constitution. Implied powers are reasonably suggested, or implied by, the expressed powers. Inherent powers belong to the Nat'l Gov't because it is the Gov't of a sovereign state within the world community.

Chapter 4, Section Some powers such as the power to levy duties on exports or prohibit the freedom of religion, speech, press, or assembly Some powers are denied to the Nat'l Gov't because the federal system does not intend the Nat'l Gov't to carry out those functions.

Powers Reserved to the States  The 10th Amendment reserves state powers  Powers not reserved to the Nat'l gov’t and not denied from the states Powers Denied to the States  Powers are denied to the states both expressly and inherently Chapter 4, Section

 Rule of Law: The notion that no one is above the law. All presidents, representatives, police etc…Are held to the same standard as “regular” citizens.  Equal Protection: Derived from the 14 th Amd, it means that the states must apply the law equally and cannot give preference to one person or class of persons over another.  Due Process: Put simply, where an individual is facing deprivation of life, liberty, or property, it mandates that he or she is entitled to adequate notice, a hearing, and a neutral judge.

Exclusive Powers  Exercised by the Nat'l Gov't alone  Ex:  Coin money,  Make treaties with foreign states,  Lay taxes on imports Concurrent Powers  Powers possessed and exercised by both State/Fed  Ex:  levy and collect taxes,  Define crimes, set punishments  Claim private property for public use. Chapter 4, Section

 87,000+ units of local Gov't  Each State has created these units through its constitution and laws.  Exercise State law through their own means. Chapter 4, Section

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Chapter 4, Section Republican Form of Gov't  The Constitution requires the Nat'l Gov't to “guarantee to every State in this Union a Republican Form of Gov't.” Invasion and Internal Disorder  Required to provide defense of the States from foreign invasion, and aid in protecting against “domestic Violence” Respect for Territorial Integrity  The Nat’l Gov’t is bound to respect the territorial integrity of each State.

Chapter 4, Section

Federal Grants-in-Aid  Grants of federal money or other resources to the States or local units Chapter 4, Section Even though the basis of federalism is the division of powers between levels of Gov't, there is still cooperation.

Categorical Grants  Made for a specific purpose, such as school lunch programs. There are usually conditions, or “strings,” attached Project Grants  Provided to almost anyone, used for a variety of purposes ranging from medical research to job training and employment programs. Chapter 4, Section Block Grants Portions of money allocated to States to use for health care, social services, or welfare with fewer strings attached.

No State may enter into any treaty, alliance, or confederation. Chapter 4, Section States may, with the consent of Congress, enter into interstate compacts— agreements among themselves and with foreign states. More than 200 compacts are now in force,

Chapter 4, Section The Full Faith and Credit Clause of the Constitution ensures that States recognize the laws and, documents, and court proceedings of the other States.

 The legal process by which a fugitive from justice in one State is returned to that State.  Article IV, Section 2, Clause 2 of the Constitution. Chapter 4, Section

 No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States.  States can draw reasonable distinctions between its own residents and those of other states (Out of state tuition) Chapter 4, Section