1. Federalism
Chapter 4

2. Federalism & the Division of Power
The division of powers between the national government and the state governments
The Constitution established the federal system in the 10th Amendment
Federalism allows local action in matters of local concern and national action in matters of wider concern.
Alaska may have laws dealing with Moose in the streets
The United States has a minimum voting age in national elections set at 18 (26th Amendment)

3. The National Government is one of Delegated Powers
The expressed powers are those powers that are clearly spelled out in the Constitution
The implied powers are the powers reasonably implied by the ‘necessary and proper’ power given to Congress.
The inherent powers are the powers that belong to the National Government because it is the national Government

4. Powers Denied to the National Government
Expressly Denied
Example: There is NO tax on exports
Denied by Silence of the Constitution
Example: Now power to create a national school system
Some powers are denied because of the nature of the federal system
Example: National Government cannot tax the state governments
Established with McCulloch v Maryland, 1819 – the Supreme Court ruled that the Maryland could not tax the National Bank of the United States located within it’s state boarders because the ‘power to tax is the power to destroy’. This case upheld the Implied powers and the Supremacy Clause

5. States are Governments of Reserved Powers
The Reserved Powers are the powers held by the States in the federal system
Example: Marriage Laws
They are those neither expressly given to the National Government nor denied to the States
Example: Licensing of Professionals
Powers Denied to the States
Expressly Denied
Example: States cannot make treaties with foreign nations
Inherently Denied
States cannot tax the National Government
Again, established with McCulloch v Maryland, 1819

6. The Federal System and Local Governments
Government in the United States operates on two levels
National
State
All local units are subunits of the State
County
City
City of Woodstock

7. Exclusive Powers
These are powers granted only to the National Government
Example: Coining and Printing money
The Exclusive Powers include most of the delegated powers

8. Concurrent Powers
These powers are held by both the National and State governments
Example: the power to tax
Concurrent powers are exercised separately and simultaneously

9. The Supreme Law of the Land
The Constitution stands above all other forms of law
The Supreme Court is the umpire in the federal system, deciding conflicts produced by the dual system of government

10. The National Government & the 50 States
The Nation’s obligations to the States
Guarantee of a republican form of government
Protection against invasion and domestic violence
Example: Sending in the National Guard after a natural disaster
Respect for territorial integrity
The National Government is bound to recognize the legal existence and physical boundaries of each state
No State can be deprived of equal representation in the Senate without its consent.

11. Admitting new states Procedure
Area asks for admission
Congress passes an enabling act
Area writes state constitution
Area voters pass state constitution
Congress passes an act of admission
President signs the act of admission making it official
Congress can set conditions for admission

12. Cooperative Federalism/Grants-in-Aid
Project Grants are grants of money or other resources from the National Government to States or other local governments and may be specified for specific purposes and may be limited if certain conditions are not met.
Example: Using stimulus money to repair streets and roads
Block Grants are federal grants to states or other local governments with broadly defined purposes and with few conditions
Example: Preventative Health and Health Services

13. Revenue Sharing was a program in place from 1972 under President Nixon until 1987 under President Reagan. It had virtually no strings attached and was simply money shared with the States or local governments
Lulu Payments are payments the National Governments make to state and local governments in lieu of tax money that cannot be collected
Kennesaw Mountain National Park/property taxes

14. State aid to the national government occurs in instances where States help the national Government, as when State or local law enforcement agencies hold prisoners wanted for violating national laws.

15. Interstate Relations Interstate Compacts
These are state agreements with other states or foreign nations
Example: GA, FL, and AL have an interstate compact on water usage from the Chattahoochee River
New York and Canada have an interstate compact on the use and care of Niagara Falls.
There are approximately 200+ interstate compacts in force today.

16. Full Faith and Credit
States must honor one another’s public acts, public records, and judicial proceedings.
Example: Marriage licenses and birth certificates
Exceptions: The Full Faith and Credit Clause only applies to civil, not criminal matters

17. Extradition
The legal process where a fugitive from one state is hiding in another state. The state he’s hiding in is going to turn him back over the state that he’s wanted in.
Governors used to sometimes refuse to return fugitives to another state, but since 1987, the Supreme Court has held that unwilling governments must comply with an extradition order issued by a federal court.

18. Privileges and Immunities
A resident of one state may not be discriminated against unreasonably by another state.
Example: buying a house
All citizens must obey the laws of all other States while in those States
Example: speed limits
States can make reasonable distinctions against residents of other States
Example:
higher hunting and fishing license fees for non-residents
Out-of-state tuition fees at colleges and universities