1. Federalism A Short Overview

2. Balancing Act How could the Framers create a Central Government strong enough to meet the nation’s needs and Preserve the strength of the existing states.

3. Federalism (continued) The Constitution provides the basic division of powers between the national Government and the states. This division is identified in the Bill Of Rights (the first ten amendments of the Constitution).

4. The 10th Amendment “ The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people.”

5. Two Basic Levels Federalism allows local action in matters of local concern However, in matters of National concern, then the powers of the National Government are allowed to settle matters.

6. National Government Primary powers are Delegated powers- powers only granted to it under the Constitution. This involves three types of powers:

7. Expressed Powers These are powers expressly spelled out in the Constitution. These are sometimes identified as “Enumerated Powers”. For the legislative Branch, they are located in Article I, Section 8 and include the following:

8. Expressed Powers Levy and collect taxes Coin money Regulate foreign and interstate commerce Raise and maintain an armed forces Declare war Fix standards and weights and measures Grant patents and copyrights

9. Expressed Powers Article II gives powers to the Executive Branch. These include the following: Act as Commander-In-Chief Grant reprieves and pardons Make treaties Appoint major officials Article III gives powers to the Judicial Branch.

10. Implied Powers Not expressly stated in the Constitution but are implied by the expressed powers Article I, Section 8, Clause 18 gives Congress the “necessary and proper powers”. This is sometimes referred to as the “Elastic Clause” and covers situations beyond the Express Powers.

11. Inherent Powers These belong to the national Government because it is the national government of a sovereign nation in the world community. These include: Regulation of immigration Deport undocumented aliens Acquire territory Grant diplomatic recognition to other states To protect the nation against rebellion or other attempts to overthrow the government by force or violence.

12. Powers Denied To The National Government Three Ways: Expressly such as duties on exports or limitation of First Amendment freedoms Silence-the Constitution does not provide express right to do so such as creation of a public school system, enact uniform marriage or divorce laws Denied due to the Federal system itself such as not allowing Congress the right to tax states or local units.

13. States Rights? The 10 th Amendment provides that the states are governments of reserved powers. These are powers not granted to the National Government or denied to the states.

14. Reserved Powers Examples; Forbidding minors to marry Forbidding minors to purchase and consume alcohol. Forbidding prostitution. And much, much more…

15. Why Because the Constitution does not give the National Government the right to take these actions The Constitution does not deny the States the power to take them.

16. Reserved Powers Includes the Police Power: the power to protect and promote the public health, morals, safety and the general welfare.

17. Powers Denied To The States No state can enter into a treaty, alliance or confederation. No state can coin money No state can deprive life, liberty or property without due process of law.

18. Exclusive Powers Exercised by the National Government alone. These include: –Coin money –Make treaties –Tax imports (tariffs) –Regulate commerce

19. Concurrent powers Both National and State governments possess these powers: –Levy and collect taxes –Define crimes and punishments –Condemn private property for public use

20. Local Governments These are not apart from the parent state. Provide services, collect taxes and other items because the State has given it the power to do so.

21. Dual System Of Government When there are conflicts between national and State law: the Supremacy Clause applies. –The Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all treaties made, or which shall be 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, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding »Article VI, Section 2

22. Supremacy Clause This joins the National Government and the States into a single governmental unit: a federal government.

23. McCulloch v. Maryland The Second Bank of the United States had been chartered by Congress in 1816. In 1818, the Maryland legislature placed a tax upon all of the notes issued by its Baltimore branch. The cashier, James McCulloch refused to pay the tax and the Maryland courts convicted him for this refusal.

24. Ruling: The Supreme Court unanimously reversed the ruling of the Maryland courts. Chief Justice John Marshall based this decision on the Supremacy Clause. –“The states have no power …to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress”.

25. National Obligations The Constitution mandates the national Government to “guarantee every State in this Union a Republican form of Government”. –Article IV, Section 4

26. Interpretation Based upon Supreme Court decisions, the passage means that the States are required to have a “representative government”. The Supreme Court has also held that this issue must be decided by the President and Congress.

27. Interpretation This issue came about after the Civil War when Congress refused to allow southern states to re-enter the Union until they ratified the 13 th, 14 th and 15 th Amendments and broadened the voting rights of African Americans.

28. Admitting New States The area desiring Statehood asks Congress for admission. Congress passes an enabling act, which requires the people of the territory to create a state constitution. A convention prepares this document and it is put to a popular vote in the state. It is then submitted to Congress and, if they agrees, the passes an act pf admission.

29. Cooperative Federalism This is a dual system where powers are shared and tensions are a regular part of the process. However, there are processes where the National Government provides fund to the State governments and occasions where the States perform services for the National Government.

30. Grants Grants-in-aid-programs where states are given funding for specific purposes. These grants are closely monitored. These are sometimes known as categorical grants. Block grant programs where states are given funding for general purposes and states have more latitude to use the money.

31. State Support States support the National Government by National Elections that occur in each state. These are financed with local funds. Nationalization also takes place in State, not federal, courts.

32. Interstate Compacts States may enter, with the consent of Congress, agreements among themselves and with foreign states. These are known as interstate compacts. More than 200 are not in force such New York and New Jersey developing the Port Authority, where the harbors of both states are managed together.

33. Full Faith And Credit Clause “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other state”. –Article Iv, Section 1

34. Full Faith And Credit Clause This applies to birth certificates, deeds to property, car registration and the like. Also, applies to the outcome of judicial actions. Two exceptions: –1. It applies to civil, not criminal matters –2. It may not be applied to divorces of people of certain states. This was ruled in Williams v. North Carolina.

35. Extradition “A person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the Crime”. –Article IV, Section 2, Clause 2

36. Extradition The return of fugitive from one state to another is usually a routine matter. However, until the 1980s, governors could refuse to return fugitives. Under Kentucky v. Dennison, the Supreme Court held that governors may return unwilling fugitives. This was reversed in Puerto Rico v. Branstad, where federal courts may compel governors to return an unwilling fugitive.

37. Privileges And immunities “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several states.” –Article IV, Section 2, Clause 1

38. Privileges And Immunities Clause This means that no state may draw unreasonable distinctions between its own residents and those persons who live in other states. However, states may draw reasonable distinctions such as residency requirements to practice law, run for office, hunting licenses and, of course, out-of- state tuition.