FEDERALISM IN AMERICA RELATIONS AMONG NATIONAL, STATE AND LOCAL GOVERNMENTS

FEDERALISM DEFINED Federalism is the sharing of power between a national government and regional governments In the US power is shared between the national, state and local governments

Why A Federal Government The Framers did not want a national government to become all powerful This system allows the national government to handle larger matters State and local governments handle smaller matters Federalism is a great system for a large nation

NATIONAL POWERS The national government uses delegated powers (granted by the Constitution) There are 3 types of delegated powers: expressed, implied, inherent

EXPRESSED POWERS These are clearly stated in the Constitution (Article I section 8) Examples include the power to tax, maintain the armed forces, declare war These powers are the most common used by the government Article II and III also have expressed powers listed

IMPLIED POWERS Implied powers originate from the Necessary and Proper Clause (Article I section 8 clause 18) Also known as Elastic Clause (gives the gov’t broad powers) This is very important because many issues we deal with today were not around in 1791

INHERENT POWERS These are not in the Constitution but they are powers only a national government can have Examples include: immigration control and national protection Every national government in the world possess inherent powers

EXCLUSIVE AND CONCURRENT POWERS Exclusive powers are only held by the national government (declare war) Concurrent powers are held by both national and state governments (tax) In our federal system local governments also have powers These local government are created by the state and share many of the state powers

THE NATIONAL SUPREMACY CLAUSE The Supremacy Clause is found in Article VI of the Constitution It simply gives us a flow chart for which laws take precedent over others Constitution and national laws are the highest Local laws are the lowest

ACTS OF ADMISSION The national government also has to admit states Only one real restriction: a state cannot be created from territory of an existing state Simple process: (1) a territory asks Congress to be a new state, (2) They must create a state constitution, (3) Congress decides whether or not to admit them.

COOPERATIVE FEDERALISM Cooperative federalism usually has to do with money 3 types of aid national government gives states 1. Categorical grants-given for a very specific purpose (school lunches) 2. Block grants-given for broad purposes (welfare) 3. Project grants-must apply for these, usually granted for a specific need (research on cancer)

FULL FAITH AND CREDIT This means one state must recognize and respect the validity of other state laws and decisions Part of this is Extradition (sending a criminal back to the state in which he committed the crime) Really this is designed so that state governments have to treat everyone fairly Big issue: Gay marriage--does one state who does not allow it have to recognize another states approval?