© 2001 by Prentice Hall, Inc. Magruder’s American Government C H A P T E R 4 Federalism

Federalism Defined Federalism is a system of government in which a written constitution divides the powers of government on a territorial basis between the national government and the state governments. The Constitution provides for a division of powers, assigning certain powers to the National Government and certain powers to the States. Chapter 4, Section 1

Why Federalism? (1) Checks and Balances (2) Confederation had proven too weak (3) Unitary was not an option Chapter 4, Section 1

Other Systems Unitary Confederation Chapter 4, Section 1

Powers of the National Government Chapter 4, Section 1 The expressed/enumerated powers are those found directly within the Constitution. The implied powers are not expressly stated in the Constitution, but are reasonably suggested, or implied by, the expressed powers. The inherent powers belong to the National Government because it is the government of a sovereign state within the world community.

The States Powers Reserved to the States The 10th Amendment declares that the States are governments of reserved powers. The reserved powers are those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States. Powers Denied to the States Just as the Constitution denies many powers the National Government, it also denies many powers to the States. Powers denied to the States are denied in much the same way that powers are denied to the National Government; both expressly and inherently. Chapter 4, Section 1

The Exclusive and Concurrent Powers Exclusive Powers Powers that can be exercised by the National Government alone are known as the exclusive powers. Examples Concurrent Powers The concurrent powers are those powers that both the National Government and the States possess and exercise. Examples Chapter 4, Section 1

The Division of Powers Chapter 4, Section 1

The Supreme Law of the Land The Supremacy Clause in the Constitution establishes the Constitution and United States laws as the “supreme Law of the Land.” Chapter 4, Section 1

Cooperative Federalism Chapter 4, Section 2 Even though the basis of federalism is the division of powers between levels of government, often known as dual federalism there is still much cooperation between them. This is known as cooperative federalism.

How the National Government Influences the States Federal Grants-in-Aid Grants-in-aid programs are grants of federal money or other resources to the States and/or their cities, counties, and other local units. Grants are often used by the national government to influence state policy. Examples Issue of Unfunded Mandates Chapter 4, Section 2

Types of Grants Categorical Grants Grant given for use in a specific category Often these grants work on a formula basis There are usually conditions, or “strings,” attached to regulate the use of these funds. Block Grants Grant given to states for use in a broad area of policy States prefer block grants because they have fewer strings attached. Project Grants Grants given for a specific project, like an airport or medical research Chapter 4, Section 2

Chapter 4, Section 3 Interstate Relations 1. Full Faith and Credit 2. Privileges and Immunities 3. Extradition

Federalism Evaluated Advantages Allows for policy experimentation Greater access points for involvement Policy flexibility Marijuana Disadvantages Confusion Minority can thwart the will of the majority. Segregation Same Sex Marriage Marijuana Unfunded mandates Different levels of service/access Chapter 4, Section 2