Federalism NATIONAL STATE

: Federalism: A division of power between a central and local governments…

 Each level has its power!  Each level has its own power!  The Constitution creates a division of government powers  It assigns certain powers to the NATIONAL government and certain powers to the STATES  Spelled out in the 10 th Amendment  A system of government  A dual system of government  Two basic levels each with its own sphere of government  Federalism allows and encourages local choices in many matters over 80,000 units of local governments over 80,000 units of local governments these are subunits of the various states these are subunits of the various states

Why Federalism? The Framers strongly believed in a limited government …Federalism would help them achieve this!

Powers of the National Government Delegated Powers – powers granted by the Constitution to the National governmentDelegated Powers – powers granted by the Constitution to the National government  Expressed (Enumerated) Powers- spelled out or written, expressly, in the Constitution

 Implied Powers- Those powers not expressly stated in the constitution, but are reasonably.Those powers not expressly stated in the constitution, but are reasonably suggested. They are and for carrying out the expressed ones!They are necessary and proper for carrying out the expressed ones! “Necessary and Proper Clause” of the Constitution, aka:“Necessary and Proper Clause” of the Constitution, aka: The Elastic Clause U.S. Constitution

 Inherent Powers- those powers that belong to a national government because they are essential to what a government does!

Powers Denied to the National Government Expressly Stated in the Constitution 2. Silence of the Constitution…not mentioned 3. The National Government not to have any powers that threaten the existence of the Federal System of the U.S.

The States Governments   Reserved Powers Those powers that the Constitution does not grant to the National Government and does not deny to the states.Those powers that the Constitution does not grant to the National Government and does not deny to the states. Ex.- marriage, driving, gambling lawsEx.- marriage, driving, gambling laws   Powers Denied to the States oExpressly stated in the Constitution oCan not threaten the existence of the Federal System oState Constitutions

The Exclusive Powers  Those that can be exercised only by the national government (includes most of the delegated powers) The Concurrent Powers  Powers the national and states governments both possess and exercise  Powers are held separately and Simultaneously  Ex.- TAX

The Supreme Law of the Land The Constitution and the laws and treaties of the U.S. are “the supreme law of the Land” The Constitution stands above all other forms of law in the U.S. Supremacy Clause (Article VI, Section 2) Constitution

SUPREMACY CHART:  SEE YOUR NOTES!!!!!!

Federalism… a current discussion:  Chris Matthews & Joe Scarborough- What's Federalism vs. States' Issues?   Fred on Federalism  d d d

Nation’s Obligations to the States:  Most are found in Article IV  Guarantees a Republican form of government  Generally “Republican form” is understood to mean representative

2.Protection Against Invasion and Domestic Violence A.We see an attack on any state as an attack on the entire U.S.

B. The federal government assumes that each of the 50 states will keep peace within its borders  The federal government guarantees protection against domestic violence when the states can’t handle it  Ex: racial unrest in LA (1992) after the acquittal of officers involved in the beating of Rodney King

C.The federal government also gives aid for national disasters  Ex: storms, floods, drought, forest fires.

Respect for Territorial Integrity:   The National government must recognize the legal existence and the physical boundaries of each State.   Congress can’t create a new state from territory belonging to any of the states without permission of that state.   Congress must include, in both houses, members chosen in each state.

Admitting New States:   Only Congress has the power to admit new states   Conditions for admission Congress often has a set of conditions the state must follow if it wants to be admitted to the union. Ex. – Utah’s constitution must outlaw polygamy

Cooperative Federalism   There are large areas of cooperation between the National and State governments. This includes: Funds/$$$ that the Federal government grants (gives to) the states. Grants of money from the Federal government to States, cities, or counties often for a specific purpose and with “strings” attached. Services the states perform for the federal government. Ex. – States carry out and pay for national elections.

Full Faith and Credit:   “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state   Public acts: laws of a state   Records: documents such as: birth certificates, marriage license, deeds of property, car registration, etc.   Judicial proceedings: outcome of court proceedings/actions. Ex. – judgments for debt, criminal convictions, divorce decrees, and so forth.

Exceptions to “full faith and credit”   Applies only to civil, not criminal matters   Isn’t given to certain divorces granted by one state to residents of another state

Extradition “A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.” – Article IV of the U.S. Constitution

Extradition (cont.)  The legal process by which a fugitive from justice in one state is returned to that state.

Privileges and Immunities   “The citizens of each state shall be entitled to all privileges and immunities of citizens of the several states.” – Article IV   A resident of one state will not be discriminated against unreasonably by another state   Residents of one state must obey the laws of other states

Privileges and Immunities (cont.)   States can require people to live in the state for a certain period of time before they can vote or obtain a professional license (law, medicine, etc.)