Federalism A governmental system where power is shared between state and national governments

Powers of our National Government or “Delegated Powers”  1. Maintain Army/Navy; Declare War  2. Postal System  3. Standard Weights & Measures-Copyright-Patents  4. Regulate foreign and interstate commerce  5. Conduct Foreign Relations  6. Establish Federal Courts below the Supreme Court  7. Coin $$

Powers “Reserved” For the States  1. Est. Local Government  2. Est. Schools  3. Regulate Intrastate Commerce  4. Marriage  5. Administer Elections  6. Regulate Business & Corporations  7. Protect the public’s health, welfare, and morals

What Happens When there is a Conflict?  Supremacy Clause : “The Constitution and the Laws of the United States which shall be made in Pursuance thereof, and all treaties made…under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby.” (Page 97)  Article VI, Section 2  The National Government Wins!!!

Powers Shared Between States and National Governments “Concurrent Powers”  Levy Taxes  Borrow $$$  Spend for General Welfare  Establish Courts  Enact and Enforce Laws

What Can’t The Federal Government Do? “Denied Powers”  May not suspend “Habeas Corpus”  Cannot punish a person without a Trial  Cannot tax exports; Can however regulate who a State Trades with  Cannot favor one state over another  Cannot spend Government $$ without the Consent of Congress  No Titles of Nobility

Powers Forbidden to the States!  Without the Consent of Congress, a state cannot tax goods entering or leaving the state except for small fees to cover inspection costs. Profits from a tax on interstate commerce go to the federal government.  Only the federal government may make treaties and carry out measures for national defense.

Obligations Between State and Federal Government  Nation to States  1) Guarantee each state a republican form of Government.  2) Must protect states from invasion and domestic violence. (An attack on one state is considered an attack on the U.S.)  3) Must respect the territorial integrity of each state!  State to Nation  1) Conduct and pay for elections of all national government officials. (Senators, President etc)  2) Play a role in Amending the Constitution.

How do the states stay on the Same Page?  The National Governor’s Association  1) Governor’s come together to share idea’s about how to solve problems.  2) They influence National Policy by pooling their collective power to accomplish a set of goals. Examples: Health Care, Growing Unemployment, Education, and a burgeoning Welfare System.

Obligations of one State to Another  1) Give full faith and credit to the laws, records, and court decisions of other states.  2) Give one another’s citizens all the privileges and immunities of their own citizens.  3) Extradition of Criminals who flee over state boarders.

Do States Argue? Yes!!  How do they solve their problems?  1) Interstate Compacts: Negotiated agreements between states, often over boundary disputes.  2) Interstate lawsuits. Heard in the Supreme Court.  Examples include: Water Rights, Pollution, and Boundary Lines.

Discussion Questions  1) Explain how the concept of Federalism makes our system more democratic and more responsive to the people.  2) Only Congress has the power to admit new states. If Puerto Rico wants to become our 51 st State, should that decision be solely up to Congress as our Constitution says or should other people be involved? Explain your response.  3) In the chapter 4 reading there was an opinion question basically asking how should intrastate conflicts-like Ohio’s tall smokestacks from electric plants creating acid rain in New York-be solved? What is the best way to solve the conflict or problem and still be fair to the states involved?