1. Chapter 4 Federalism

2. Section 1: Federalism and the division of power
Federalism- powers divided between federal and local level
Federal – State – regional
Allows local traditions/ways to be handled locally

3. Powers of the National Government
Our national government is a government of delegated powers
Has only the powers granted to it through the Const.

4. Powers of the National Government
The Expressed Powers
Expressed, written powers
“enumerated powers”
Art. I Sec. 8 spells out 27 powers of Congress
Ex: Power to tax, regulate commerce, set up post offices, etc.

5. Powers of the National Government
Implied Powers
Not expressly stated in the Const. but suggested by the expressed powers
Art. 1, Sec. 8, Clause 18
What is proper and necessary for Congress to do
Elastic Clause – Stretch their powers
Ex. Racial discrimination, building interstate system, etc.

6. Powers of the National Government
Inherent powers
Powers that governments have historically possessed because they are a sovereign nation in the world.
Ex. Regulate immigration, acquire territory, recognize other nations

7. Powers Denied to the National Government
Three ways the Const. denies power
Expressly: Specifically written: No export tax
Silence of the Const.: Some powers are given to other branches: No uniform marriage laws, divorce laws, local governments
Federal system: States have some powers : Congress can not tax local governments

8. The States
10th Amendment declares the state governments as the reserved powers
Powers the Const. does not grant to fed. Gov’t but does not deny them to the states
Outlaw activities, marriage, licenses, schools, etc.
Power to protect and promote public health
Most government comes from the states

9. The States Powers denied to the state (Expressed)
Make treaties or alliance
Print or coin money
Deny life, liberty, or property without due process

10. Exclusive and Concurrent Powers
Exclusive Powers – powers given only to the fed. gov’t., not the states
Expressively denied to the states
Non-exclusive- regulate interstate commerce
Concurrent Powers- Powers that both the fed. Gov’t and the states possess.
Collect taxes, define crimes, set punishments, claim private property for public use

11. Federal System and local government
Local governments are sub-units of state governments
Can provide services, regulate activities, collect taxes
Powers given to them by the state

12. The supreme law of the land
Supremacy Clause- “The Constitution and the Laws of the U.S. … shall be the supreme law of the land”
Includes treaties
Included to avoid conflict between state and fed. governments

13. The supreme law of the land
Supreme Court and Federalism
Supreme Court is the umpire between state and federal laws
McCulloch v. Maryland

14. Mcculloch v. Maryland 2nd Bank of the U.S Held federal deposits
Privileged position for loans to U.S.
State banks at disadvantage
Started to fail
Maryland taxes the Baltimore branch

15. Section 2: The National government and the 50 states
Constitution requires the Government to guarantee certain things to the states
Makes it possible for the National Government to do certain things for the states

16. Obligations to the states
Republican form of government
No true definition of “Republican form”
Should be up to Congress and President
Southern states after Civil War did not have Senators or Congressman

17. Obligations to the states
Invasion and Internal disaster
Protection from invasion- internal or external
Protection from riots within the state
States are responsible for this but fed. Gov’t can help if governor requests it
No request needed if federal laws are being broken or a federal event is being disrupted
Assistance after ravages of nature

18. Obligations to the states
Respect for Territorial Integrity
Recognize the legal existence and physical boundaries of each state
Representation and equal representation in the Senate

19. Admitting new states Only Congress has the power to admit new states
Can not create a new state out of existing state without the approval of the state involved and Congress

20. Admitting new states Admission procedure Ask Congress for admission
Enabling act – directs the territory to frame a state constitution
Convention prepares constitution and votes on it
Congress approves creating an Act of Admission
President signs it into statehood

21. Admitting new states Conditions for admission
Congress can set certain provisions
Ex. Outlaw polygamy in Utah
Equal footing with existing states
Can not impose conditions of political nature
Ex. Telling state where their capital has to be

22. Cooperative Federalism
Shared powers
Funds provided to the states
Services provided to the states

23. Cooperative federalism
Federal Grants-in-Aid
Grants of fed. money or other resources to the states and their sub-units
Roads, schools/universities, drainage, canals etc.
Over 500 programs are active today
Blurs the lines of the division of power

24. Cooperative federalism
Revenue Sharing
National government shares the taxes with the states and cities
No rules on how to spend except in places that discriminated on basis of gender, race, religion or physical disability
Stopped under the Reagan admin.

25. Cooperative federalism
Types of Federal Grants
Categorical grants: specific, closely defined purpose
School lunches, airport construction, water treatment
Block Grants: broadly defined purposes
Health care, social services, welfare
Project Grants: go to states and private companies who apply for them
Scientist research, health and human services, etc

26. Cooperative federalism
Other forms of Federal Aid
FBI helps state and local police
Army helps with militia
Census Bureau

27. Cooperative Federalism
State Aid to National Government
Elections
Officials
Paid for by state funds
State laws for voting
Naturalization
State/local police help catch criminals

28. Interstate Relations
4.3

29. Objectives Students will understand interstate compacts
Students will be able to explain the Full Faith and Credit Clause
Students will be able to explain the Privileges and Immunities Clause
Students will be able to explain extradition.

30. Interstate Compacts
No State can enter into any treaty, alliance, or confederation
Interstate compacts
Agreements among one state and other states
Generally require Congressional approval

31. Interstate Compacts Examples New York Port Authority
Compact for Supervision of Parolees and Probationers
Compact on Juveniles
In general, conservation of natural resources
Prevent pollution
Motor vehicle safety

32. Full Faith and Credit
“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
Public acts – laws of the state
Records – birth certificates, marriage licenses, deeds, car registrations, etc.
Judicial proceedings – court decisions, damage awards, wills, divorces, etc.

33. Exceptions Criminal cases Certain divorces
One State cannot enforce another State’s criminal law
Certain divorces
Only divorces granted by the State of residence must be given full faith and credit

34. 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
No state can draw unreasonable distinctions between its own residents and those persons who happen to live in other States.
Examples:
right to travel in or become a resident
use the court or make contracts
buy, own, rent, or sell property
marry

35. Privileges and Immunities
CANNOT require employers to give hiring preferences to in-State residents
CANNOT award different welfare benefits based on how long one has been a resident
CAN draw reasonable distinctions
Require residence restrictions to vote or hold office
Can require residence requirements to practice law, medicine, dentistry

36. 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
Governors responsible for demanding and returning fugitives
Kentucky v Dennison, 1861
Puerto Rico v Branstad, 1987