Federalism Chapter 4

Federalism: Balance of Power 1. Founders favored a stronger central government while preserving States sovereignty. 2. Delegated Powers & National Supremacy 3. Reserved Powers & State Sovereignty 4. Concurrent Powers & National Supremacy 5. Local Governments 6. Article VI: National Supremacy 7. Representative Form of Republican government. 8. Admission of new States & Congressional Authority 9. Interstate Compacts & Cooperative Federalism 10. Article IV: Relations among States 11. Extradition & National Supremacy

Evolution of Federalism

Why Federalism? 1. Founders feared a strong central government 1. Favored: Self-Government (Natural Rights) 2. Favored a Limited Government: 1. Gov ’ t poses a threat to individual liberty & State Sovereignty 2. Power must be restrained 3. To restrain gov ’ t—divided government (Separation of Powers & Checks & Balances) 1. Federal, State, Local: Article VI: National Supremacy

Federalism Defined  A written Constitution: –Defines: Federal Powers: Articles 1-18: Delegated Powers –Defines: State Powers: 10 th Amendment, State Sovereignty –Defines: Individual Rights: Bill of Rights & Delegated Powers  DIVISION OF POWERS = FEDERALISM  Dual System of Government: Constitutional Law-Federal & State Law.

Article I Section 8: Delegated Powers

Delegated & Expressed Powers  18 Expressed Clauses of the National Congress with 27 Powers.  Article II: Expressed Presidential Powers  Article III: Expressed Judicial Powers  Amendments to the Constitution

Implied Powers 1.The Constitution has been “stretched”. 2.Elastic Clause: Necessary and Proper Clause: 1.Article I, sect. 8 clause Powers NOT expressed or delegated to the federal government: “convenient & useful” 3. 4 th branch of government: Bureaucracy stretches federal powers

Implied Powers of the Federal Government & Bill of Rights

Inherent Powers  Foreign Powers government possess in the international community (Implied)  1. diplomacy (immigration, trade)  2. rebellion, treason, deportation  3. acquire territory

Powers Denied to National Government 1.Article I, section 9 2.Article I, section 10 3.Bill of Rights 4.Constitutional Amendments 5.Examples: Marriage, Public Schools, Divorce, certain types of taxes, state citizenship.

Marriage is not a Federal Power 10 th amendment & Federalism

The States  10 th Amendment: Reserved Powers. “All Powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, or the people”.  Article I, section 10: Powers denied to States 1.International treaty, print or coin money, due process of national citizenship.

Concurrent Powers 1.Powers not exclusive or delegated to the national government are considered concurrent powers: Shared powers. 1.Levy taxes 2.Borrow money 3.Establish courts 4.Punish criminals 5.Eminent domain

Local Governments  Dual Government & Federalism  Not: Federal –State-Local (Misleading)  87,000+ local governments in the U.S.  Local governments are parts, subunits of state governments  All powers come from the State

Detroit Bankruptcy & No Federal Bailout

Constitutional Supremacy  Article VI: Constitutional Supremacy: The Constitution is the Supreme Law of the Land 1.Constitutional Law 1.7 Articles 2.27 Amendments 2.Federal & State Law 3.Local & County Laws 4.Federations, Commissions, etc..

Supreme Court & Federalism  1819: McCulloch vs. Maryland –2 nd Bank of the U.S. : Maryland imposes a state tax

Maryland’s opposition to a National Bank: A. Jackson?

Republican Form of Government  A Representative form of government  Reconstruction: ( ): A Republican form of government denied.  2008 & 2012: California voters deny same- sex marriage Supreme Court overturns voters.

State & Popular Sovereignty Denied: Republican Form of Govt

Invasion & Disorder : Detroit Race Riots : Chicago & Baltimore Race Riots : Little Rock Arkansas : Bonus Army March : University of Alabama & Governor Wallace : Ruby Ridge Incident : Waco Military Assault

Admitting New States  Admission Procedure: –Enabling Act: State (people) request admission, state constitution formed, convention and popular vote. –Annexation: (Forced Statehood)  Republic of Texas  Hawaii

Cooperative Federalism

1.Federal Grants in Aid for state sovereignty and individual rights: 1.Morrill Act of 1862: Land grants for money 2.New Deal: 3.Affordable Care Act 4.Interstate Highway Construction 2.Texas Secession vs. Alabama Secession 1.Why could Texas secede but not Alabama?

Revenue Sharing  Ronald Reagan and Block Grant Funding –Federal Money given to the states with federal mandates or strings attached.  Types of Federal Grants: –Categorical Grants: School lunches, TSA, welfare programs. Strings attached to the money. –Project Grants: Medicine, Global Warming, etc..

Federal Grant $ and Strings (laws)

Interstate Relations

 Full Faith & Credit Clause: –Homosexual Marriage, Gun Laws, Drug Laws, Driving eligibility, etc… –What is the role of the federal government in these matters?  Williams vs. North Carolina: 1945: Nevada marriage not recognized by North Carolina. Convicted of bigamous cohabitation  North Carolina law upheld by Supreme Court

Interstate Compacts  Extradition: fugitive returned to state where crime is committed. –Kentucky vs. Dennison 1861: Constitution did not federal government power to compel a governor to act in an extradition case. –Puerto Rico vs. Branstad 1987: precedent changed by the courts to order a governor to act on extradition cases.

Interstate Compacts  Privileges and Immunities: –Residency laws: –Professional certificates: medicine, law, teaching, dentistry, etc.. –Licensing fees: hunting, fishing, in-state tuition

Texas Independence & Interstate Compacts