1. Federalism
Division Powers

2. Comparative Politics How is power distributed Geographically?
Definitions:
Unitary
Federal
Confederate

3. Federalism Definition
Giving certain powers to the National Government and others to the State governments
The “division” of powers vertically
Decentralizes our politics
Allows more people access
Govt. to be more responsive

4. Federalism Why did the Founding Fathers want this?
Dividing power would help “curb” or check governmental power
Would help keep government under the people’s control
No other option – views of the people in 1787 – loyal to states

5. Federalism This system was implied by the Constitution
This system was specifically expressed in Amendment 10
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved for the States respectively, or to the people.”

7. Strengths “Diffusion” of power
National and State
Allows for local action over local affairs
Local concerns vary from place to place
States are often laboratories for policies
Most national policies started as a state policy
Decentralizes policies
National action over national affairs

8. Drawbacks? State Differences No Sales Taxes Can’t pump your own gas
Education spending, Minimum Wage
No Sales Taxes
AK, DE, NH, MT, OR
Can’t pump your own gas
OR, NJ
Unicameral (one house) legislature NB
Conflict with Fed Govt
ID’s for flying -

9. Growth of Feds
Authority and scope of the Federal government has grown over the years
Efficiency & Uniformity
Space Program, Environmental Regulations, etc.

10. National Powers Delegated Powers 3 Types
The national govt. has ONLY the powers granted to it by the Constitution
3 Types
Expressed, Implied, Inherent

11. National or “Delegated” Powers State or “Reserved” Powers
Concurrent Powers
Inherent
Implied
Expressed
National or “Delegated” Powers
State or “Reserved” Powers

12. Expressed Powers “Spelled Out” in Constitution Enumerated Powers
Article I, Sec. 8 (p. 763)
Tax, borrow $, regulate trade, coin $, issue patents, raise and maintain army & navy

13. Expressed Powers Article II, Sec. 2 (p. 767) Article III (p. 768)
Commander-in-Chief, grant reprieves and pardons, make treaties, appoint federal officials
Article III (p. 768)
Judicial Power
Amendments
16th – Income Tax

14. Implied Powers
Not specifically mentioned – but reasonably suggested by the expressed powers
Article I, Sec. 8, Clause 18 – “Necessary and Proper Clause” (p. 765)
Necessary and Proper – “Convenient and Useful”

15. Implied Powers Examples
Regulating labor relations, building interstate highways, building hydro-electric dams
All fit under “regulating Commerce”

16. Inherent Powers
The national govt. has those powers simply because it is a national govt.
Regulate Immigration
Acquire Territory
Grant diplomatic recognition to other nations
Protect nation from rebellion

17. National or “Delegated” Powers State or “Reserved” Powers
Concurrent Powers
Inherent
Implied
Expressed
National or “Delegated” Powers
State or “Reserved” Powers

18. Powers Denied Some are denied specifically
Tax exports, prohibit freedom of religion, speech, press, etc.
Some are denied because they are never mentioned
10th Amendment
Public School systems, /regulate local governments, marriage or divorce laws

19. State Powers Reserved Powers (10th Amend)
Very Broad – as long as it’s not denied by the US Constitution or specifically given to National Govt.
Teacher certification, drinking age, gambling, auto licenses, public schools, police powers, all elections
Same-Sex Marriage – New Ruling
Equal representation in the Senate (unamendable)
Can’t dissolve states or change borders

20. State Powers Most power exercised today is on the state/local level
Denied Powers
No treaties, can’t print money, has to give due process, can’t tax or regulate federal agencies
State Constitutions may have restrictions too

21. Delegated v. Reserved Powers
Some Expressed Powers are Exclusive
Can only be exercised by the national government
Concurrent
Can be exercised by BOTH the national government and the states
Reserved
Can only be exercised by the States

22. Local Governments Exist as a part of the state governments
Created by the states
Exercising State Powers
Each state has a UNITARY form of government
State governments create local governments for it’s own convenience

23. Obligations National Govt’s responsibilities to States
Protect against violence and invasion

24. Article IV - Supremacy Who is Supreme? National Supremacy Clause
National Constitution
National Supremacy Clause
Shall be the supreme law of the land. . .
The National Constitution, national laws (Constitutional), treaties are supreme to the state constitutions and laws
State Judges directed to uphold Const.

25. Article IV - Supremacy Who is Supreme? National Supremacy Clause
National Constitution
National Supremacy Clause
Shall be the supreme law of the land. . .
The National Constitution, national laws (Constitutional), treaties are supreme to the state constitutions and laws
State Judges directed to uphold Const.

26. McCulloch v. Maryland (1819)
Issue
Bank of the United States
Maryland (and most states) opposed to it
Tax it – to destroy it?

27. McCulloch v. Maryland (1819)
Ruling
Congress can create a bank
Necessary and Proper Clause – implied power
MD can’t tax – National government is supreme
National Govt. gets power directly from the people

28. Commerce
Congress has the power to regulate interstate and international commerce
What is it – really???
Gibbons v. Ogden (1824)
Background
Ruling
Effect of the Great Depression & New Deal
Court ruled against national govt. at first, then for it
Effect of Civil Rights Legislation
Brown v. Board of Education (I & II)

29. Commerce
To regulate commerce is one of the national government’s most important source of power

30. State obligations to other States
“Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other state”
Civil not Criminal matters
States do not enforce laws of other states
Marriage, Divorce, Drivers Licenses, Loans, etc.

31. Art. VI - Full Faith and Credit
Extradition is required by the Constitution
A fugitive runs to another state, they will be arrested and delivered to the state where the offense occurred
Sometimes contested
Racial issues, crimes in the second state

32. Privileges and Immunities
Citizens of each state receives all the privileges and immunities of any other state they may be in
Prohibits discrimination
Sales Taxes, speeding tickets,
Many exceptions
University tuition, voting, hotel room taxes,
General rule
The more fundamental the right, the less likely a state can discriminate

33. Dual to Cooperative Federalism
Dual (Layer Cake) –
Cooperative (Marble Cake) now
Shared Costs
Federal Guidelines – “strings attached”
Shared Administration
Devolution
1980’s to today
US v. Lopez

36. Fiscal Federalism National Govt. influence over states - $
Categorical Grants: main source of aid
Can only be used for specific purposes
“Strings attached” – non discrimination
2 types:
Project Grants (most common) – competitive applications
Formula Grants – distributed according to formula such as population, income, etc.
Block Grants:
Given to states to use how they see fit

37. Fiscal Federalism Mandates Partially Funded Unfunded Courts Medicaid
Americans with Disabilities Act, Clean Air Act of 1970
Courts
Rulings can impose standards states must implement

38. V- Admitting New States
Who has that power?
Congress
Can’t make a state out of territory taken from another state w/o permission
Maine
Usually a territory before a state

39. Admitting New States Admission Procedure
Territory asks Congress for Admission
Congress (if they choose) passes an enabling act
Territory creates a Constitution
Constitution is submitted to Congress for OK
President signs (not required)

40. Admitting New States Conditions
Congress can set conditions for admission, but not after they are admitted
Arizona – 1911
Popular recall of judges