1. Civics & Government
“Federalism”
March 19, 2012

2. Figure 2.1a: The Flow of Power in Three Systems of Government

3. So Why Adopt Federalism?
A Practical Solution – to the dispute between advocates of a strong central government and states’ rights advocates
Geography and population make it impractical to locate all political authority in one place
Brings government closer to the people
State governments train future national leaders
State governments can be testing grounds for policy initiatives
Federalism allows for many political subcultures

4. Constitutional Basis of Powers of the National Government
Expressed Powers – First 17 clauses of Article I, Section 8, examples include coining money, setting standards of weights and measures, declaring war
Implied Powers – the clause in Article I, Section 8, that grants Congress the power to do whatever is necessary to execute its specifically delegated power (necessary and proper clause) Example: Form IRS to collect taxes
Inherent Powers – powers derive from the fact that the United States is a sovereign power among nations. Not in Constitution. Example: Making international agreements

5. The Powers of State Government
Reserved Powers – derived from the 10th Amendment, states powers not assigned to the federal government are “reserved” for the states
Police Powers – power reserved to the state government to regulate the health, safety, and morals of its citizens – regulation/enforcement
Concurrent powers – states and federal government share power on issues such as granting business license (national policy usually wins when there is a conflict)

6. In the United States, each state has the power to regulate…
Religion
Marriage
The Press
Postal Service
Immigration

7. Examples of Federalism
States pass their own laws regarding…
Gay Marriage, Abortion, Affirmative Action, Bilingual Education, Death Penalty, K-12 Education, Speed Limit, Drinking Age, Gambling, Marijuana, Assisted Suicide

8. Federalism in practice
State Laws on the books today…
It is illegal for a driver to be blindfolded while operating a vehicle.
It is illegal to wear a fake mustache that causes laughter in church.
A L A B A M A

9. Federalism in practice
State Laws on the books today…
Animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship.
It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale.
C A L I F O R N I A

10. Federalism in practice
State Laws on the books today…
Women may be fined for falling asleep under a hair dryer, as can the salon owner.
A special law prohibits unmarried women from parachuting on Sunday or she shall risk arrest, fine, and/or jailing.
Men may not be seen publicly in any kind of strapless gown.
F L O R I D A

11. Federalism in practice
State Laws on the books today…
If an elephant is left tied to a parking meter, the parking fee has to be paid just as it would for a vehicle.
Having sexual relations with a porcupine is illegal.
It is illegal to sing in a public place while attired in a swimsuit.
F L O R I D A

12. Federalism in practice
State Laws on the books today…
Prohibits shooting rabbits from a motorboat.
K A N S A S
It is illegal to rob a bank and then shoot at the bank teller with a water pistol.
L O U I S I A N A

13. Federalism in practice
State Laws on the books today…
It is illegal for a liquor store to sell cold soft drinks or milk.
I N D I A N A
You may not swear in front of women and children.
M I C H I G A N

14. Federalism in practice
State Laws on the books today…
It is illegal for bar owners to sell beer unless they are simultaneously brewing a kettle of soup
N E B R A S K A
It is illegal to lie down and fall asleep with your shoes on.
N. D A K O T A

15. Federalism in practice
State Laws on the books today…
It is against the law to throw a ball at someone's head for fun.
A license must be purchased before hanging clothes on a clothesline.
The penalty for jumping off a building is death.
N E W Y O R K

16. Federalism in practice
State Laws on the books today…
It is illegal to fish for whales on Sunday.
It is illegal to get a fish drunk.
O H I O
A person is not eligible to become Governor if he/she has participated in a duel.
P E N N S Y L V A N I A

17. Federalism in practice
State Laws on the books today…
It is illegal to take more than three sips of beer at a time while standing.
It is illegal to drive without windshield wipers but a windshield is not required
It is illegal for one to shoot a buffalo from the second story of a hotel.
It is illegal to milk another person's cow.
T E X A S

18. Federalism in practice
State Laws on the books today…
Fake butter may not be served in state prison.
One may not camp in a wagon on any public highway
Livestock have the right of way on public roads.
W I S C O N S I N

19. Federalism in practice
State Laws on the books today…
Canned corn may not be used as bait for fishing.
It is illegal to whisper “dirty” things in your lover’s ear during sex.
O R E G O N

20. Federalism in practice
State Laws on the books today…
It is mandatory for a motorist with criminal intentions to stop at the city limits and telephone the chief of police as he is entering the town
All motor vehicles must be preceded by a man carrying a red flag (daytime) or a red lantern (nighttime) fifty feet in front of said vehicle
It is illegal to display a hypnotized or allegedly hypnotized person in a store window
W A S H I N G T O N

21. The Growth of the National Government
McCulloch v. Maryland (1819)- established the implied powers of the national government and the idea of national supremacy
(from the necessary and proper clause)
(from the supremacy clause)
Gibbons v. Ogden (1824) – established that the power to regulate interstate commerce was an exclusive national power
(from the commerce clause)
During John Marshall years as Chief Justice

22. War and the Growth of the National Government
The defeat of the South ended the idea that states could secede from the Union.
The defeat of the South also resulted in an expansion of the powers of the national government (the opposite of what te South was fighting for)
·   New governments employees were hired to conduct the war effort, and Reconstruction
·   A billion dollar budget was passed
·   A temporary income tax was imposed on citizens
·   Civil liberties were curtailed because of the war effort and the national’s government’s role expanded to include providing pensions to veterans and widows

23. The Continuing Dispute over the Division of Power
Dual Federalism – the national and state governments as equal sovereign powers
Cooperative Federalism – the idea that states and the national government should cooperate to solve problems

24. The Decline of Dual Federalism
Great Depression resulted in FDR’s New Deal policies which established a large and far reaching federal government
FDR fought with the Sup. Ct. for years and won re-election in landslide in 1936 and threatened to “pack the court”
Result was a return to a strong federal government

25. GROWTH OF FEDERALISM Grant System
Grants-in-aid are money or other resources that the federal government provides to pay for state and local activities. Used for specific projects.
Categorical (building airports, fighting crime, providing relief for natural disasters)
Block (Welfare, education)

26. Federal Mandates
Requirements that the federal government imposes on state and local governments.
Examples: Protection of environment, protection of health
Controversy: Does this take away state rights?

27. Relationships Between the States
Full Faith and Credit Clause- a state must recognize other states’ civil laws. These laws include contracts between individuals and businesses.
Do NOT have to enforce other states criminal laws.
Honor other states official records. Ex) Driver’s license.
Extradition- sending a criminal back to the state from which they fled