1. Federalism Chapter 4 American Government Ms. Powers

2. Federalism Section 1: Powers Divided

3. What is Federalism? Federalism: A system of government in which a written constitution divides power between a central government & several regional governments Central Government = Federal Regional = State

4. What is Federalism? Federalism creates 2 basic levels of government that overlap Each level of government has its own set of powers Each level has some powers denied to the other level Neither level can change the basic division of powers Each level of government operates through its own agencies & acts directly through its own officials & laws.

5. Federal or State Law? You Decide Men must register for military service at the age of 18 You must have a drivers license in order to operate a vehicle You must be 21 years of age to buy alcoholic beverages Employers must pay employees at least minimum wage Only persons who satisfy certain requirements can purchase a firearm No person can be denied a job on the basis of his or her race or ethnicity

6. The Framers & Federalism Remember the Articles of Confederation. What was the issue? Question: How to create a strong central government that still preserved the States? Answer: Federalism Framers believed that the government power must be divided and limited so that it cannot threaten individual liberty

7. How is the Power Divided? The Constitution provides for a division of powers between National & State governments 10 th Amendment Federalism allows local governments to handle local concerns while the national governments deals with national issues Gives States flexibility Successful State programs may influence national & other state policies (ex: Welfare Reform Act of 1996)

8. Delegated Powers Delegated Powers = The National government has only those powers delegated (granted) to it in the Constitution Three types: 1.Expressed Powers 2.Implied Powers 3. Inherent Powers

9. Expressed Powers Expressed Powers: Those powers that are spelled out expressly in the Constitution AKA “Enumerated Powers” Article I: Congressional (Legislative) – Lay & collect taxes, coin money, maintain armed forces, & many more Article II: President (Executive) – Commander in chief of armed forces, grant pardons, make treaties Article III: Supreme Court (Judicial) – Power to make judicial decisions, judge constitutionality

10. Implied Powers Implied Powers: Powers not specifically mentioned in the Constitution but that are suggested by the expressed powers Necessary & Proper Clause: Gives Congress the power to make all laws “necessary & proper” for carrying out its expressed powers – “Elastic Cause”: Over time it has been stretched to cover so many different situations Examples: Interstate highway system, banning racial discrimination, building dams, etc.… – Implied powers are based on expressed powers

11. Inherent Powers Inherent Powers: Powers that belong to all independent national governments – Examples: Acquiring territory, defending the nation, regulating immigration & conducting diplomacy – They belong to the National government simply because it is a national government – They exist because the United States exist – They are NOT based in the Constitution

13. Denied Powers The Constitution denies certain powers to the federal government Three Ways: 1.Expressly in the Constitution – Cant prohibit freedom of speech, religion, press. 2.Silence of the Constitution – Cant create public school system for the nation 3.Federal System itself – Cant tax states or any of their local units for their governmental functions (undermine the system)

14. State Reserved Powers Reserved Powers: Powers not given to the national government or denied to the States 10 th Amendment Examples: Police power, issue drivers licenses, establish public schools, enact land law use and many, many, many more – HUGE RANGE/SCOPE OF POWERS *Most of what government does in this country today is done by the states*

15. Powers Denied the States The Constitution specifically denies some powers to the states No State can enter into a treaty, alliance, or confederation – Some of these are also denied to the federal government – Other powers denied to the State are exclusive to the federal government The States are denied some powers by the nature of the federal system – No State can tax the federal government or regulate interstate trade

16. Exclusive Powers Exclusive Powers: Powers that can only be used by the national government – Cannot be exercised by the States under ANY circumstances – Some are expressly denied, others are not but they are still exclusive Examples: States cannot coin money, enter treaties with foreign states, or lay taxes on imports

17. Concurrent Powers Concurrent Powers: Shared by the federal government and State governments Include all powers not exclusive to the national government or denied to the States Remember: There are only 2 levels of government… - State & federal - Local governments are subunits of their State governments *Make Federal system Function*

18. Supreme Law “Supremacy Clause”: The Constitution is the supreme law of the land -Called the “Linchpin of the Constitution”: Joins the national government and the States into a single governmental unit (federal government)

19. SCOTUS & Federalism The Supreme Court settles conflicts between State & federal laws – Can rule a state or federal law to be unconstitutional McCulloch v. Maryland (1819) – Ruled that when federal & State laws conflict, the federal law wins if it is constitutional

20. Crash Course Federalism Crash Course

21. Federalism Section 2: The National Government & the 50 States

22. The United States The Constitution… 1.Requires the National Government to guarantee certain things to the States 2. Makes it possible for the National Government to do certain things for the States

23. The Nation’s Obligations According to the Constitution… the National Government must guarantee these things to the States 1.A republican form of government 2.Protection from invasion & internal disorder 3.Respect for territorial integrity

24. Guarantees & Protections 1.Republican Government: Means that each State must have a representative government 2.Protection from Invasion & Domestic Violence: Rarely necessary, though it happened in the 1960’s during the civil rights movement 3.Territorial Integrity: The national government must recognize the legal existence and physical borders of each State Each State must be represented in the U.S. Congress

25. Admitting New States The Northwest Ordinance of 1787 set the rules for admitting new States Established the principle that U.S. territories could become equal members of the nation once they had a high enough population (60,000) Only Congress Can admit new States A new State cannot be made from the territory of any existing states without their consent

26. State Admission Process 1.Area wanting Statehood asks Congress for permission 2.Congress passes an Enabling act: an act that directs the people of the territory to frame a proposed State Constitution 3.Constitution is put to vote in the proposed State 4.Constitution is submitted to Congress 5.If Congress approves the Constitution it passes an Act of Admission: An act that creates the new State 6.President has to sign the act of admission!

28. U.S. Territorial Expansion

29. Cooperative Federalism Remember: Federalism produces a government that has 2 basic levels that operate over the same people and the same territory at the same time “Tug of War” Cooperation is KEY

30. Federal Grants In Aid *Best example of intergovernmental cooperation* Grants in Aid Programs: Grants of federal money or other resources to the States and their cities, counties, and other local units Today there are over 500 grant in aid programs in operation Total over $400 Billion and account for 1/3 of all State & local government spending Examples: – Morrill Act of 1862 = State Universities – 1808 militia = Future National Guard – New Deal Programs = Economic Recovery

31. Federal Grants In Aid *Make it possible for the Federal Government to operate in areas it would otherwise have no constitutional authority*

32. Types of Federal Grants Categorical Grants: A grant made for a specific, well- defined purpose (school lunches, airport construction, wastewater treatment, etc.) Conditions for the State: – Use money for ONLY specific purpose involved – Make its own monetary contribution – Provide an agency to administer the grant – Obey a set of guidelines for the grant

33. Types of Federal Grants Block Grants: A grant given for a broadly defined purpose (healthcare, social services, welfare) Geauga County Grants – Fewer conditions than categorical grants – States have more freedom in deciding how to spend money

34. Types of Federal Grants Project Grants: A grant made to States, local governments, or private agencies that apply for funds to carry out a project or provide training Examples: – Cancer research – Medical research – Employee training

35. State Aid to National Gov. How do the States aid the National Gov.? Elections!!!! State & local governments hold National elections Financed with State & local funds Geauga County Voting

36. Federalism Section 3: Interstate Relations

37. Interstate Relations How do the States work together to preserve the Union? – Interstate Compacts – Full Faith & Credit – Extradition – Privileges & immunities

38. Interstate Compacts Interstate Compact: An agreement made between two States or between a State & a foreign government Examples: Share law enforcement data, climate change, conserve water & wildlife, manage shared resources & borders – Today there are over 200 compacts in force – Number has increased over time Ohio Compacts

39. Full Faith & Credit Full Faith & Credit Clause: Of the Constitution requires each State to honor and enforce the laws, official documents, and court rulings of other states (ex: birth certificates honored) Exceptions: 1.It applies only to the civil laws of each State, not criminal laws 2.If a person who does not live in a State is granted a divorce by that state, the State in which that person actually resides can refuse to recognize the divorce

40. Marriage & Divorce Defense of Marriage Act (DOMA) 1996: Only marriage between man and woman is legal…. Same sex marriage WAS outlawed by federal government & 41 states until..... Obergefell v. Hodges (2015) OHIO http://www.nytimes.com/interactive/2015/us/20 14-term-supreme-court-decision-same-sex- marriage.html?_r=0

41. Extradition Extradition: The legal process of returning a fugitive to a State Designed to prevent a person from escaping justice by fleeing a state Typically a State governor asks another State governor to return any captured fugitives Extradition may be challenged

42. Privileges & Immunities Privileges & Immunities Clause: No State can make unreasonable distinctions between its residents & residents of another State – Each State must recognize the right of any American to travel in or become a resident of that State – Citizens can marry, buy, own, rent or sell property in any state regardless of where they live Reasonable distinction = In state college tuition Ohio State University Tuition