1. Arizona Governor Doug Ducey
Chapter 4: Federalism
Arizona Governor Doug Ducey

2. What is Federalism?
How we divide power between the national & state governments

3. ______________ Federalism
The division of power between the States and the National Government. (10th amendment)
The states and the national government are like partners in governing.
The National Government has the “supreme power”- (Supremacy Clause)

4. Why do we use a Federalist System?
Dividing the powers of government can limit federal control…
Fear of a strong national government carried over from the colonial relationship with England and its King and Parliament.

5. Federalism

6. Federalism

7. Enumerated/Delegated Concurrent Reserved Powers

8. Enumerated/Delegated
Federalism
Powers given only to the national government are called: _______________ powers.
Examples: Declaring _____, Printing ______
Enumerated/Delegated
war
money

9. Federalism Powers given to the states are called: ____________ powers.
Examples: _________, _________, _________ laws.
Reserved
gambling driving marriage

10. Legal Driving Age by State

12. Federalism
Powers given to both the national and state governments are called ____________ powers.
Example: _________, punishing _________
concurrent
taxation
criminals

13. National & State: Concurrent
Federalism
Federalism
National Government:
Enumerated Powers
State
Governments:
Reserved Powers
National & State: Concurrent
Concurrent Powers

14. Enumerated(ED), Reserved(R), or Concurrent(C)
Enumerated(ED), Reserved(R), or Concurrent(C)? ___Setting up courts and prisons. ___Marriage and divorce laws. ___Set up schools. ___Maintaining an army and navy ___Creating a controlling a postal system ___Building roads/highways. ___Printing Money ___Collecting Taxes ___Immigration

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

16. 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

17. 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

18. Divisions of Power
There are 3 kinds of power for the national government
1. Expressed – written directly in the Constitution (declare war, tax, etc.)
2. Implied – reasonably assumed from the expressed powers (aka: Necessary and Proper Clause/Elastic Clause)
3. Inherent – never mentioned in the Constitution, but always used by national governments. These are powers that over time all national governments possess. Examples:
To acquire land, recognition of other countries

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

20. The Nation’s Obligations to the States
Protection from Invasion and Internal Disorder (Article 4 Section 4)
Respect for Territorial Integrity – it must legally acknowledge the existence and boundaries of the states. Georgia vs. Tennessee

21. The Nation’s Obligations to the States
Congress has the power to admit new states into the U.S. (Article IV Sect. 3)
No new states may be formed from within a state or the union of states without the consent of the state(s) legislature and the U.S Congress
Congress gets to set rules for what states must do to get admitted
For example:

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

23. Arizona
Arizona had a rule that allowed people to remove judges by voting – judicial recall
Arizona repeal the law before becoming a state (Happy 103th!)
But, we’re tricky here in AZ…

24. 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

25. Full Faith and Credit
The “Full Faith and Credit” Clause (Article IV Section 1)
States must legally recognize each others’ public acts, records, and judicial proceedings

26. 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 do not have to recognize each others’ divorces if the people were not true residents of the state granting the divorce

27. Other Requirement Extradition – a fugitive flees a
state must be returned to the state where he committed the crime (Article IV Section 2)

28. Privileges and Immunities Clause (Article IV Sect. 2)
States cannot draw unreasonable distinctions between their residents and citizens from other states
Exceptions: Tuition rates, hunting & fishing licenses, residency for public office…

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

30. Bureaucracy Valuable Layers or Duplication? Waste or Production?

31. Bureaucracy or Waste ?

32. Bureaucracy…Red Tape

33. YOUR TAX Work !!!

36. Sunset Laws Sunshine 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.

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

38. Federal Grants
Grant – $$$ from the federal government given to the states
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

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

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

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

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

43. Dramatization
Yo, Texas duuuude!

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

45. Can you send him back over, Duuuude?
Dramatization
Can you send him back over, Duuuude?

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

47. And I hate that lefty swine…
Dramatization
And I hate that lefty swine…

48. No, Texas! You gotta extradite him!
Dramatization
No, Texas! You gotta extradite him!