1. Chapter 4, American government
Federalism:
Chapter 4, American government

3. What is Federalism?
Federalism- is a system of government in which a written constitution divides the powers of government on a territorial basis between a central, or national government, state governments and local governments
The Constitution provides for a division of powers by assigning certain powers to the Federal government and certain powers to the states.

4. Why Federalism?
Why did our founders create a system like this?

5. Government Powers (Division of Powers)
Powers Granted
Expressed
Implied
Inherent
10th Amendment
National
Government
State
Government
Delegated Powers
Reserved Powers
Concurrent Powers
Denied Both
Denied States
Denied National
Powers Denied

6. Government Powers (Division of Powers)
Powers Granted
Expressed
Implied
Inherent
Expressed:
Spelled out in the Constitution
Article I, Section 18
18 clauses giving 27 powers
Tax
Coin money
Regulate trade
Declare war
Grant patents
National
Government
Delegated Powers

7. Government Powers (Division of Powers)
Powers Granted
Expressed
Implied
Inherent
Implied:
Not written in Constitution, but reasonably suggested
Article I, Section 18, Clause 18
“necessary and proper”
The Elastic Clause
Build dams
Highways & roads
Determine crimes
National
Government
Delegated Powers

8. Government Powers (Division of Powers)
Powers Granted
Expressed
Implied
Inherent
Inherent:
Not written in Constitution, but belong to national governments
Regulate immigration
Grant diplomatic recognition to nations
Protect the nation
National
Government
Delegated Powers

9. Government Powers (Division of Powers)
Denied:
Expressly denied:
Infringe on rights (speech, press, etc.)
Silence in Constitution:
Only has delegated powers
Denied in Federal System:
Can’t tax states
National
Government
Denied National
Powers Denied

10. Government Powers (Division of Powers)
Powers Granted
10th Amendment
Reserved Powers:
10th Amendment
Not granted to Federal, but not denied to states.
Legal marriage age
Drinking age
Professional license
Confiscate property
The power of the state to protect and promote public health, the public morals, the public safety, and the general welfare.
State
Government
Reserved Powers

11. Government Powers (Division of Powers)
Denied States:
Constitution denies certain powers to state, because they are NOT a federal government.
Make treaties
Print money
Deny rights to citizens
State
Government
Denied States
Powers Denied

12. Government Powers (Division of Powers)
Powers Granted
National
Government
State
Government
Concurrent Powers
Concurrent:
Both States and National have these powers
May be exercised separately and simultaneously
Collect taxes
Define crimes
Condemn or take private property for public use
Denied Both
Powers Denied

13. Government Powers (Division of Powers)
Denied Both:
Both States and National have been denied these powers
Violate rights of citizens
Powers Granted
National
Government
State
Government
Concurrent Powers
Denied Both
Powers Denied

14. Government Powers (Division of Powers)
EXCLUSIVE
Powers Granted
Expressed
Implied
Inherent
10th Amendment
National
Government
State
Government
Delegated Powers
Reserved Powers
Concurrent Powers
Denied Both
Denied States
Denied National
Powers Denied

16. The Supremacy Clause (Article VI, Section 2)
United States Constitution
The U.S. Constitution is the “Supreme Law of the Land.”
If there is a conflict between a lower law and a higher one, the higher one “wins.”
Acts of Congress
State Constitutions
State Statues (laws)
City and County Laws

17. Relations between National and State
4.2

18. Federal Government Obligations
Republican Form of Government
The Constitution requires the National Government to “guarantee to every State in this Union a Republican Form of Government.”
Invasion and Internal Disorder
The National Government is also required to provide defense of the States from foreign invasion, and aid in protecting against “domestic Violence” in the States.
Respect for Territorial Integrity
The National Government is constitutionally bound to respect the territorial integrity of each of the States.

19.  Natural Emergencies • FEMA – Federal Emergency Management Agency
• Response: City – State – Damage assessment – Major Disaster declared – FEMA – President

20. Admitting New States
Only Congress has the power to admit new States to the Union.
Congress first passes an enabling act, an act directing the people of the territory to frame a proposed State constitution.
If Congress agrees to Statehood after reviewing the submitted State constitution, it passes an act of admission, an act creating the new State.

21. Congress appropriates money for three types of grants-in-aid:
Categorical grants are made for some specific, closely defined purpose, such as school lunch programs or the construction of airports or water treatment plants. There are usually conditions, or “strings,” attached to regulate the use of these funds.
Block grants are portions of money allocated to States to use for broader purposes, such as health care, social services, or welfare. Block grants often are granted with fewer strings attached.
Project grants are provided to States, localities, and sometimes private agencies that apply for them. They are used for a variety of purposes ranging from medical research to job training and employment programs.

22. Types of Federalism

23. Cooperative Federalism Even though the basis of federalism is the division of powers between levels of government, there is still much cooperation between them.
Grants-in-aid programs are grants of federal money or other resources to the States and/or their cities, counties, and other local units.
Revenue sharing, used between 1972 and 1987, gave an annual share of federal tax revenues to the States and their local governments.

24. Ch 4.3
INTERSTATE RELATIONS

25. State Powers Laws Corporations Courts Education/Health
Create laws that are not prohibited by The Constitution
Taxes, Education Funding, Budget, Drugs
Corporations
Promote businesses that benefit state economy
Tax breaks, minimum wage, safety regulations
Courts
Establish laws prohibiting crime
Local and State courts hear most cases
Education/Health
Establish local school districts, funding, professional licensure
Provide Health resources/care for families
Natural Resources
Regulate pollution, wild life agencies

26. Relations Among States
Full Faith and Credit Clause
States must recognize laws of other states.
Drivers license
Extradition – return a cirminal back to their original state
If a governor is unwilling to return a fugitive to a State, federal courts can intervene and order that governor to do so
Privlidges and Immunities
Cannot discriminate against citizens of other states
- exceptions
Taxes, juries, state colleges,

27. Privileges and Immunities
The Privileges and Immunities Clause provides that no State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States.
States cannot, for example, pay lower welfare benefits to newly arrived residents than it does to its long-term residents, Saens v. Roe, 1999.
However, States can draw reasonable distinctions between its own residents and those of other space, such as charging out-of-State residents higher tuition for State universities than in-State residents

29. There are two exceptions to the clause though:
Full Faith and Credit
There are two exceptions to the clause though:
(1) One State cannot enforce another State’s criminal laws. And,
(2) Full faith and credit need not be given to certain divorces granted by one State to residents of another State.

30. Interstate Compacts
No State can enter into a treaty, alliance or confederation
States can enter into interstate compacts- an agreement between a state and a foreign government.
Example: Great Lakes Compact regulating the use of the Great Lakes water/resources.

31. Differing Views of Federalism 4.4
Balance of power between National + States
Food and Drug regulations
Education
No Child Left Behind, Common Core, PARCC

32. Policy State Policies –
Policy – course of action for addressing certain problems or issues
define actions they will take in response to a situation
Public Policy – government settles on a course of action
State Policies –
Different policies in different states
Many state policies have led to national laws.
Georgia – 18yrs Vote: California: environmental protection: Colorado + Washington – marijuana
Sunset Law – sets an automatic end date for a law
Law ends = law makers review law
Sunshine Law – prohibits local officials from holding official meetings that are closed to the public.

33. National Policies National Gov’t create policies – states follow
Civil Rights Movement – 1950’s ’s
Interstate Commerce Clause –
Commerce – producing, buying, selling and transporting goods across state lines
Lopez v. United States (1995) – law must regulate economic activity in order to be considered under the commerce clause
Affordable Care Act – American’s purchase health insurance through national government

34. Federalism and Political parties
States or National Government
Battle between political parties (Federalist v Anti-Federalists)
Who should have more power?
States Positions or National Position
State / Local Governments or National
Conservatives
Republicans, Tea Party
10th Amendment
Individual freedom
National Governments
Liberals
Democrats, Progressives
Larger Government