1. The Federal System

2. Federal System at Work
Early in American history, South Carolina refused to comply with the tariff of It “nullified,” or rejected, this law, which hurt agricultural exports.
However, President Andrew Jackson declared that a federal law is supreme. South Carolina was forced to accept a new, lower tariff law passed by Congress soon afterward.
Why do you think this was the case?

3. Supreme Law
The Supremacy Clause (Article VI) states that no state law or constitution can conflict with any national law.
The Constitution is the supreme law of the land.

4. The Division of Powers
The federal system divides government powers between national and state governments.
Federalism gives certain powers to the national government and reserves all other powers to the states and to the people.

5. National Powers
Three types of powers of the federal government…
Enumerated Powers are specifically given to the national government. They allow it to levy taxes, to coin money, to make war, to raise an army and navy, and to regulate interstate commerce. They are also called Delegated Powers or Expressed Powers.

6. National Powers
The implied powers, in the elastic clause (“necessary and proper” clause) of the Constitution, are powers the national government requires to carry out the enumerated powers. These are powers that the government takes but are not directly granted.

7. National Powers
Inherent powers of the national government are powers it exercises simply because it is a government.

8. The States and the Nation
Reserved powers belong strictly to the states. Powers that are not listed in the Constitution and not denied to the states. 10th amendment.
National and state governments exercise concurrent powers… powers that both have at the same time. (Shared Powers.)

9. States and the Nation (cont.)
The Constitution also lists powers denied to the national and state governments.
Article I, Section 9 lists powers denied to the federal government: Cannot tax exports, interfere with states’ responsibilities.
Article I, Section 10 lists powers denied to the states. Ex. Cannot make treaties with other countries, and cannot grant titles of nobility.

11. Guarantees to the States
A republican form of government.
Protection from invasion and domestic violence. (States must ask for help.)
Territorial integrity: No state can be divided to make a new state w/o it’s permission.

12. Discussion Question
Under what circumstances can a president send troops into a state without the Governor’s permission? Read p under “Protection”
When national laws are violated, federal property is threatened, or federal responsibilities are interfered with.
Ex. Federal troops being sent in to help integrate schools.

13. Admission of New States
Congress has the power to admit new states to the Union. Each state admitted is equal to every other state.
Enabling Act – enable people of the territory interested in becoming a state to prepare a constitution.

14. Obligations of the States
The two important functions state governments perform for the national government are…
Conduct and pay for elections of all national government officials.
Ratify or reject an amendment.

15. The Courts as Umpire
The Supreme Court and the federal courts settle disputes between the states and the national government.
McCulloch v. Maryland – the Supreme Court ruled that in a conflict between a state government and national government law…the national government is supreme.
The Court has also limited the government’s control over states. Ex. United States v. Lopez (1995) said Congress exceeded authority by passing a national law banning gun possession in or near schools.

16. Interstate Relations
The Constitution requires each state to recognize the laws and legal proceedings of all other states in civil, not criminal, matters. This is “full faith and credit.” If you are married in Oregon, Georgia must recognize it.
Each state must treat citizens of other states equally with its own citizens. This means states must grant the same “privileges and immunities” to citizens of other states as they give to their own. Ex. Being able to own property and get married.
There are limits to the “privileges and immunities” clause, however. Nonresidents may not enjoy all the rights of state citizens. Ex. Voting or serving on a jury.

17. Interstate Relations (cont.)
Criminals fleeing to other states may be returned to their home state by extradition.
States use interstate compacts, or agreements among themselves, to settle border or jurisdiction conflicts and to deal with common problems, EX: toxic waste disposal, but these compacts must be approved by Congress.
Lawsuits brought by a state against another state are tried in the Supreme Court.

18. States’ Rights Position
Favors state and local action in dealing with problems
Believe that the Constitution created a compact among states
National government has limited powers
Believe that state governments better reflect the needs of the people
Believe that national government poses a threat to individual liberties
Believe in reserved powers of the 10th Amendment

19. Nationalist Position
Do not believe that the national government is an agent of the states
Believe that people created the national government
Powers should be expanded to carry out the people’s will
Believe that national government stands for all the people
National government should lead in solving major social issues

20. Discussion Question
States’ rights or national rights. Which do you agree with the most? Explain.

21. Growing National Government
Three major constitutional provisions have expanded national power
Constitutional provision is a law that is written in the Constitution itself
1) The power to wage war – economy and education affect military capabilities, federal control over these has expanded during war time.

22. Growing National Government
Three major constitutional provisions have expanded national power
2) The power to regulate trade (commerce). Ex. Civil Rights Act of 1964 prohibited racial discrimination in public accommodations like hotels and restaurants because it would make it more difficult to travel between states.

23. Growing National Government
Three major constitutional provisions have expanded national power
3) The power to tax. The 16th Amendment created power to create a federal income tax. Can use tax policy to regulate business and influence states to adopt certain programs.

24. Federal Aid to the States
Ways that Congress influences the policies of the states:
Federal Grants
- Redistributes income among the states
- Grants help improve programs in poorer states

25. Federal Aid to the States
Ways that Congress influences the policies of the states:
Preemption Laws
- Uses restraints, which prohibit state or local governments from exercising certain powers.
Example State A has enacted a law that says "no citizen may sell blue soda pop anywhere in the state." The federal government, however, has established the "Anti-Blue Sales Discrimination Act," prohibiting actions that discriminate against the color of goods sold. A local food and beverage vendor who sells blue soda pop in vending machines is charged with violating the state law. She may challenge the state law on the basis that it is preempted by federal law, and therefore violates the Supremacy Clause of the U.S. Constitution.

26. Federal Aid to the States
Ways that Congress influences the policies of the states:
Mandates
- which is a federal order requiring states to provide a service that meets a national minimum standard.

27. Federalism and Public Policy
Policy: a stated course of action
Public Policy: a government action in response to an issue

28. Federalism and Public Policy (cont.)
Individual states try out ideas – these ideas often become national policy. Examples:
Georgia: lowered the voting age to 18
Colorado: Sunset laws – requires periodic checks of government agencies to see if they are still needed.
Florida: Sunshine laws – prohibits public officials from holding closed meetings.

29. Federalism at the national level
Policy may also originate at the national level:
EX: Civil Rights Acts
Civil Rights activists attracted enough attention at the national level that they were able to force changes.

30. Federalism and Political Parties
Federalism prevents one party from controlling the government.
If a party is not winning at the national level they still have opportunities in the individual states.

31. Differences Among the States
Political and economic differences among states give U.S. citizens wider opportunities for choosing the conditions under which they will live.
Examples:
Some states do more to regulate business and industry
Some states provide more health care and welfare services
Some states have higher or lower taxes

32. The Direction of Federalism
In recent decades, Democrats have generally favored a nationalist position while Republicans have favored a states’ rights view.
Because there is a balance in Congress between Democrats and Republicans – policies have shared both views.