Chapter 4: Federalism

What is Federalism? Federalism is the way we divide power between the central national government, and the regional state governments

Why do we use a Federalist System? Framers believed government was a threat to individual liberty Government must therefore be restrained Dividing the powers of government can limit it

Advantages of Federalism Allows local action in matters of local concern Allows people to be more connected to policymaking at the local level Creates the chance to experiment with policies in a small area before applying them everywhere

Differences Between States In Oregon and New Jersey, it is illegal to pump your own gas In Nevada, it is illegal to ride a camel on state highways In Texas, criminals are required to inform their victims of the crime to be committed 24 hours in advance, either verbally or in writing

Differences Between States In Massachusetts, it is illegal to go to bed without taking a full bath In Ohio, it is illegal to get fish drunk In California, it is illegal for a car without a driver to exceed 60 miles per hour

Divisions of Power There are three kinds of power for the national government Expressed (Enumerated, or Delegated) – written directly in the Constitution Expressed (Enumerated, or Delegated) – written directly in the Constitution Implied – reasonably assumed from the expressed powers Implied – reasonably assumed from the expressed powers Inherent – never mentioned in the Constitution, but always used by national governments Inherent – never mentioned in the Constitution, but always used by national governments

Divisions of Power Reserved Powers – the powers that are not given to the national government, and are thus reserved for the states

Powers of Government Expressed Powers (National) Print money Print money Regulate interstate (between states) and international trade Regulate interstate (between states) and international trade Make treaties and conduct foreign policy Make treaties and conduct foreign policy Declare war Declare war Provide an army and navy Provide an army and navy Establish post offices Establish post offices Make laws necessary and proper to carry out the these powers Make laws necessary and proper to carry out the these powers Reserved Powers (State) Issue licenses Regulate intrastate (within the state) businesses Conduct elections Establish local governments Ratify amendments to the Constitution Take measures for public health and safety May exert powers the Constitution does not delegate to the national government or prohibit the states from using

Powers of Government Concurrent Powers (exercised by both national and state government) Collect taxes Collect taxes Build roads Build roads Borrow money Borrow money Establish courts Establish courts Make and enforce laws Make and enforce laws Charter banks and corporations Charter banks and corporations Spend money for the general welfare Spend money for the general welfare Eminent Domain - Take private property for public purposes, with just compensation Eminent Domain - Take private property for public purposes, with just compensation

The Nation’s Obligations to the States The national government is Constitutionally required to guarantee the following things for the states: Republican form of government – basically means a representative government Republican form of government – basically means a representative government

The Nation’s Obligations to the States Protection from Invasion and Internal Disorder – federal government will use force when the state can’t handle a problem Protection from Invasion and Internal Disorder – federal government will use force when the state can’t handle a problem Respect for Territorial Integrity – it must legally acknowledge the existence and boundaries of the states Respect for Territorial Integrity – it must legally acknowledge the existence and boundaries of the states

How to Admit New States Congress has the power to admit new states into the U.S. Therefore, Congress gets to set rules for what states must do to get admitted For example:

Utah Congress required Utah to ban polygamy (having more than one spouse) before being admitted

In Arizona, we had a rule that allowed people to remove judges by voting – judicial recall The national government required that Arizona repeal the law before becoming a state But, we’re tricky here in AZ… Arizona

Arizona repealed the law as the U.S. requested, and became a state Our first official act of statehood – A constitutional amendment to add judicial recall A constitutional amendment to add judicial recall Arizona

Cooperative Federalism Sometimes, the state and national governments fight over power There are also ways that they help each other

Federal Grants Grant – money from the federal government given to the states This money helps the states run programs like education and welfare without going broke This money helps the states run programs like education and welfare without going broke The federal government sets conditions for receiving the grant, which gives it more influence over the state The federal government sets conditions for receiving the grant, which gives it more influence over the state

Types of Grants Categorical Grant – money for a specific, defined purpose Block Grant – money for a broad purpose, few strings attached Project Grant – money for programs like research or job training, could be given to universities or private businesses

Other Help for the States FBI helps state and local police Army helps National Guard Census Bureau’s data is free research for the states And more!

State help for the National Government All elections are paid for and run by the states Local police often catch the criminals the FBI is searching for Naturalization takes place in state courts And more!

Interstate Relations

Full Faith and Credit The “Full Faith and Credit” Clause is found in Article IV It says that states must legally recognize each others’ public acts, records, and judicial proceedings

Exceptions to Full Faith and Credit Full Faith and Credit only applies to Civil cases, not criminal cases! States cannot punish someone on behalf of another state States cannot punish someone on behalf of another state States do not have to recognize each others’ divorces if the people were not true residents of the state granting the divorce

Other Requirement Extradition – a fugitive from justice who flees a state must be returned to the state where he committed the crime This prevents criminals from being able to escape consequences of their actions

Dramatization Yo, Texas dude!

Dramatization Some guy killed Sean Penn, and he crossed into your border.

Dramatization Can you send him back over, bro?

Dramatization No. You’re a jerkface, Cal.

Dramatization And I hate Sean Penn.

Dramatization No, Texas! You must extradite him!

Dramatization Dang, ya’ll.

Privileges and Immunities Clause States cannot draw distinctions between their residents and citizens from other states

Words of Wisdom with California Governor Arnold Schwarzenegger