1. Federalism

2. I. Federalism Defined
A. Federalism – division of powers between state and national government
B. State governments
Govern each of the 50 states
Ex: Montgomery is the seat of government for Alabama
C. National government
Created by the Constitution ratified by the states
Washington DC is the seat of national government
AKA the Federal Government

3. II. Delegated Powers
powers that belong to the national government (given up by the states when they ratified the Constitution)
Expressed (enumerated)
Specifically listed (numbered) in the Constitution (Article I)
Examples: create an army, coin money, regulate interstate commerce, declare war

4. II. Delegated Powers Implied
Powers used to carry out the enumerated powers
implied by the elastic or “necessary and proper” clause
Allows Congress to “stretch” its powers
Examples: create an air force, create the IRS
Inherent
Powers that the government has simply because it’s a government
Examples: immigration, recognition of foreign governments, preventing rebellion
Could be tied to expressed powers, but perhaps not necessary

5. III. Reserved Powers Powers belonging to (reserved for) the states
Protected by the 10th Amendment
Examples: creating school systems, creating local governments, conducting elections

6. IV. Concurrent Powers Powers shared by states and federal governments
Examples
Taxes
Spending/borrowing
Criminal law/enforcement
Create a court system

7. V. Denied Powers Federal State Taxing exports
Suspension of habeas corpus
Ex post facto law
Favoring of states
State
Foreign relations
Regulate interstate or foreign commerce
Declaring war
Violate federal law (Supremacy clause)
Interstate compacts without Congressional approval

8. IV. The Responsibilities of Federalism
Federal to States
Republican government
Territorial integrity
Protection
Treat each equally (including new states)
Admit new states
No territory taken from another state without permission
People petition for statehood
Congress passes an enabling act allowing them to write a state constitution
Congress approves the Constitution and grants admission
Both acts are subject to presidential veto
Conditions can be placed on admission but cannot be enforced after statehood is achieved

9. IV. The Responsibilities of Federalism
States to Federal
Conduct elections
Ratify amendments
Abide by the Constitution (Supremacy Clause)
States to each other
Full faith and credit – honor each others laws and decisions (ex: drivers license)
Privileges and immunities – treat non-residents the same as residents
Extradition – return fugitives
Compacts – must be approved by Congress
Lawsuits – heard in Federal Court

10. VII. Views of Federalism
States’ Rights – _______________________________
Closer to the ________________________
_______________________– Federal government can only do what is specifically listed in the Constitution
US government created by the ______________
Nationalist – Federal government should ___________ its power as necessary to reflect the will of the ________________
The federal government is better equipped to deal with major issues facing the country
___________________should be used to expand powers
Federal government was not created by the states, but represents the people of the US as a whole

11. VIII. The Growth of Federal Power
Over time the ________________ position has grown
Major causes: Civil War (14th Amendment), Progressive Era, Great Depression
War – expanded beyond just creating/maintaining military
__________________________
Economic policy
Interstate commerce – expanded to any economic activity
__________________________*
*The broad application of this provision was struck down in 2012

12. VIII. The Growth of Federal Power
Taxing – expanded through the ___________________________________
Regulate businesses – taxing unwanted behavior
Influence state law through ____________________
Grants
________________________ – money given by Federal government to state governments
Federal government controls state policy by making grants _______________________ (ex: seat belts, No Child Left Behind)
Unfunded mandates – federal laws requiring action, but with no money attached to carry them out (ADA)

13. IX. The Effects of Federalism
Why have different levels of government?
Policy
New ideas can begin at _____________________
Allows states and local governments to be “guinea pigs”
Allows states and communities to have laws that ________________________________________
Political Parties - more offices for both parties to win (each can control something somewhere)
Political Participation – more offices means greater chance of winning an election