IV. FEDERALISM American Government Unit 3: Foundations of American Government

Objectives Define Federalism and explain why the Framers chose this system? Identify powers delegated to and denied to the National Government, and powers reserved for and denied to the States. Explain the difference between exclusive and concurrent powers. Examine the Constitution as “the supreme Law of the Land.” Summarize the obligations that the Constitution places on the National Government with regard to the States. Explain the process for admitting new States to the Union. Examine the many and growing areas of cooperative federalism. Explain Interstate compacts, Extradition and the Privileges and Immunities Clause. Understand the purpose of the Full Faith and Credit Clause.

A) The Framers Choose Federalism Did not want strong central government – England Articles of Confederation too week Chose Federalism

B) Federalism Defined - Division of powers: certain powers to the National Government and reserve powers to the States - Dual system of government - It allows local action in matters of local concern - laboratories of government – experimentation to solve problems

C) Powers of the Federal Government Delegated powers – powers given to the federal government (expressed, implied, and inherent) Expressed powers – powers specifically spelled out in the Constitution – coin money, war Implied powers – not specifically stated but reasonably suggested Necessary and Proper Clause – Elastic Clause (97) Inherent powers – powers that naturally belong to a sovereign national government Acquire territory, deport aliens, grant diplomatic recognition, receive ambassadors, protect nation from rebellion.

D) Powers Denied to the Federal Government Article I, section 9 and 1-8 amendments Three ways, says in the Constitution, does not say in the Constitution, and ones that would threaten Federalism. Cant tax exports or eminent domain Cat run public schools, marriage laws Can’t tax states into destruction

E) The States Reserved powers – powers not denied to the states and not granted to the federal government (state powers) Public schools, licensing, elections, alcohol. Page 99

F) Exclusive and Concurrent Powers Exclusive powers – powers exercised only by the National Government – not by the States(ever!) Coin money, make treaties, tax imports, regulate commerce Concurrent powers – powers that both the National Government and the States both have. Taxes, crimes and punishments Local governments are technically part of the State governments.

G) Supreme Law of the Land Supremacy Clause – part of the Constitution that says the Constitution is the LAW! Article 6 “supreme law of the land” Some people think the Constitution is compact between states. Rather than one between and among “We the people of the United States”

II. The National Government and the 50 States

A) The Nation’s Obligations 1) Must guarantee a republic form of government (representative democracy) 2) Must protect from invasion and internal disorder An attack on one is an attack on all Domestic Violence – only if asked except when federal property or rights are in danger (104) 3) Must respect territorial integrity – can’t change states boundaries without their consent

B) Admitting New States Northwest Ordinance passed by the Congress of the Confederation in 1787 and then by Congress in Determined how a territory became a state Equal footing, 60,000 people 1) Only Congress can accept new states 2) Enabling act – territories given permission to write a Constitution 3) Act of Admission – Congress approves the Constitution and President signs it. - There has been conditions – Utah and polygamy, Arizona and its recall of judges.

C) Federal Grants-in-Aid Today - $400 billion to states – about 1/3 of there revenue First was the Northwest Ordinance when the government sold land. Many since the Great Depression. Grant-in-aid programs – grants Categorical grants – grants for specific purposes (strings required) Highway money (speed limit, 21 drinking age) Block grants – not as specific – healthcare, welfare Project grants – made for specific projects for states, localities, and private agencies that apply for them. Other – FBI, National Guard, Census Bureau. States pay for elections

III. Interstate Compacts

A) Interstate Compacts Interstate compacts – agreements among themselves and with foreign states Most are checked by the Supreme Court – can’t increase a states power. Port Authority of New York and New Jersey

B) Full Faith and Credit Full Faith and Credit Clause – States public acts, records, and judicial proceedings are recognized by other states Licenses, court actions, and laws Only for civil laws – not criminal Marriage and divorce only in states of residents – no quickies Are same sex marriages in one state recognized in states that don’t have them? A Congressional law (DOMA) says no – only matter of time before the Supreme Court rules

C) Extradition Extradition – legal process by which a fugitive from justice in one State can be returned to that State – can escape justice by fleeing from a State. Usually routine I Escaped a Georgia Chain Gang 1980 – Supreme Court ruled that Federal Courts can force states to extradite Hard in racial or political examples and parental custody/kidnapping.

D) Privileges and Immunities Privileges and Immunities Clause – no State can draw unreasonable distinctions between its own residents and those of another State. Travel, residency, courts, property, or marry Hire instate people first, welfare lower for new residents Can 30 days before vote, practice law, medicine, and dentistry Nonresidents can pay a higher fee for hunting and fishing licenses and higher tuition fees for out of State Colleges.

Review What are two examples of records that a State must recognize under the Full Faith and Credit Clause? What two examples don’t? Describe the Extradition Clause and explain its purpose? Why do states make interstate compacts?