Chapter 4: Federalism

What is Federalism? Federalism is how we divide power between the national & state governments

Why do we use a Federalist System? Framers believed government was a threat to individual liberty Dividing the powers of government can limit it Government must therefore be restrained

Advantages of Federalism Allows local action in matters of local concern Here are some examples… Gov. Brewer Pres. Obama

Differences Between States (just read) In Oregon and New Jersey, it is illegal to pump your own gas In Nevada, it is illegal to ride a camel on state highways In Texas, criminals are required to inform their victims of the crime to be committed 24 hours in advance, either verbally or in writing

Differences Between States (just read) In Massachusetts, it is illegal to go to bed without taking a full bath In Ohio, it is illegal to get fish drunk In California, it is illegal for a car without a driver to exceed 60 miles per hour

Divisions of Power There are 3 kinds of power for the national government Expressed – written directly in the Constitution Expressed – written directly in the Constitution Implied – reasonably assumed from the expressed powers Implied – reasonably assumed from the expressed powers Inherent – never mentioned in the Constitution, but always used by national governments Inherent – never mentioned in the Constitution, but always used by national governments

Divisions of Power Reserved Powers – the powers that are not given to the national government & reserved for the states 10 th Amendment

The Nation’s Obligations to the States The national government is Constitutionally required to guarantee the following things for the states: Republican form of government – basically means a representative government (Article IV. S. 4) Republican form of government – basically means a representative government (Article IV. S. 4)

The Nation’s Obligations to the States Protection from Invasion and Internal Disorder Protection from Invasion and Internal Disorder Respect for Territorial Integrity – it must legally acknowledge the existence and boundaries of the states. Georgia vs. Tennessee Respect for Territorial Integrity – it must legally acknowledge the existence and boundaries of the states. Georgia vs. Tennessee

How to Admit New States Congress has the power to admit new states into the U.S. (Article IV) Congress gets to set rules for what states must do to get admitted For example:

Utah Congress required Utah to ban polygamy (having more than one spouse) before being admitted

Arizona had a rule that allowed people to remove judges by voting – judicial recall Arizona repeal the law before becoming a state (Happy 102 th !) But, we’re tricky here in AZ… Arizona

Arizona repealed the law as the U.S. requested, and became a state Our first official act of statehood – A constitutional amendment to add judicial recall A constitutional amendment to add judicial recall Arizona

Bureaucracy State & Federal gov’ts are operated by thousands of civil servants known collectively as bureaucracy Departments Departments Agencies Agencies Regulatory agencies Regulatory agencies Commissions Commissions

Bureaucracy Valuable Layers or Duplication? Waste or Production?

Bureaucracy or Waste ?

Bureaucracy…Red Tape

YOUR TAX Work !!!

Sunset Laws a law providing for automatic termination of a program, agency, etc., at the end of a specified time Sunshine Laws a law requiring official meetings and records open to the public.

Cooperative Federalism Sometimes, the state and national governments fight over power There are also ways that they help each other

Federal Grants Grant – $$$ from the federal government given to the states This money helps the states run programs like education and welfare This money helps the states run programs like education and welfare The federal government sets conditions for receiving the grant, which gives it more influence over the state The federal government sets conditions for receiving the grant, which gives it more influence over the state

Types of Grants Categorical Grant – money for a specific, defined purpose Block Grant – money for a broad purpose, few strings attached

Project Grant Project Grant – money for programs like research or job training, could be given to universities or private businesses

Help for the States FBI, ATF, U.S. Marshals, & Justice Dept. help state and local police Fight crime, catch fugitives Move prisoners Prosecute with lawyers

Help for the States Army helps National Guard Census Bureau’s data is free research for the states

State help for the National Government All elections are paid for and run by the states Local police often catch the criminals the FBI is searching for Naturalization takes place in state courts And more!

Interstate Relations “Can’t we just all get along?” Rodney King

Full Faith and Credit The “Full Faith and Credit” Clause (Article IV) States must legally recognize each others’ public acts, records, and judicial proceedings

Exceptions to Full Faith and Credit Full Faith and Credit only applies to Civil cases, not criminal cases! States cannot punish someone on behalf of another state States cannot punish someone on behalf of another state States do not have to recognize each others’ divorces if the people were not true residents of the state granting the divorce

Other Requirement Extradition – a fugitive flees a state must be returned to the state where he committed the crime

Dramatization Yo, Texas dude!

Dramatization Some guy killed director Michael Moore, and he crossed into your border.

Dramatization Can you send him back over, bra?

Dramatization No. You’re a fruit cake, Cali.

Dramatization And I hate that lefty slob…

Dramatization No, Texas! You must extradite him!

Dramatization Dang, ya’ll. Go catch a wave…

Privileges and Immunities Clause States cannot draw unreasonable distinctions between their residents and citizens from other states

Words of Wisdom with California Governor Arnold Schwarzenegger