1. Copyright © 2012 Pearson Education, Inc. All rights reserved. Insert: Book Cover (when available)

2. Copyright © 2012 Pearson Education, Inc. All rights reserved.

3. The Federal System Unitary government: System in which legal authority is possessed by the central government. Confederation: System in which the central government’s powers come from the state or provincial governments. Federalism: A system in which functions and legal power are divided between central and state government; both levels can act upon the people.

4. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in the Constitution To understand federalism in the Constitution, we must examine:  Powers of the National Government  Limitations on the National Government  Reserved Powers of the States  Concurrent Powers  Limitations on the States  Interstate Regulations

5. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in the Constitution Powers of the National Government Delegated Powers Powers granted to Congress in Article I, Section 8 For domestic policy, the most important delegated powers are:  Power to tax and spend  Power to regulate interstate commerce

6. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in the Constitution Powers of the National Government Delegated Powers (cont.) Congress’s delegated foreign affairs powers:  Power to raise an army  Power to declare war The president’s delegated foreign affairs powers:  Commander-in-chief power  Receives ambassadors  Negotiates treaties, with the approval of 2/3 of Senate

7. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in the Constitution Implied Powers Come from the necessary and proper clause in Article I, Section 8:  “The Congress shall have power... To make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all the powers vested by this Constitution in the government of the United States, or in any Department or Officer thereof.”

8. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in the Constitution Limitations on National Government Article I, Section 9 denies the national government certain powers: Cannot pass bills of attainder Cannot pass ex post facto laws Limited ability to suspend the writ of habeus corpus The Bill of Rights limits the national government.

9. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in the Constitution Reserved Powers of the States Reserved powers: Neither delegated to the national government nor denied to the states, these powers are broad powers of the states. Authority to pass laws that promote the health, welfare, safety, and morals of states’ residents Are protected by the 10th Amendment

10. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in the Constitution Concurrent Powers Concurrent powers are shared by national and state governments. These include the power to: Tax and spend Borrow money Use the power of eminent domain Establish courts Enforce laws

11. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in the Constitution The federal system

12. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in the Constitution Limitations on the States States cannot act in foreign affairs (Article I, Section 10). Civil rights requirements of the 13th–15th, 19th, 24th, and 26th Amendments Supreme Court has applied the due process and equal protection clauses to limit the states.

13. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in the Constitution Interstate Relations Full faith and credit clause (Article IV, Section 1) Requires states to honor the civil rulings of other states Privileges and immunities clause (Article IV, Section 2) Prohibits states from discriminating against citizens of other states Interstate rendition clause (Article IV, Section 2) Provides that an individual charged with a crime in one state who is found in another may be returned to the state with jurisdiction over the crime

14. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in the Constitution Interstate Relations (cont.) Interstate compacts (Article IV, Section 10) An agreement between 2 or more states, and often approved by Congress, to address interstate problems When there is conflict between states, the Supreme Court has original jurisdiction.

15. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in the Constitution

16. Copyright © 2012 Pearson Education, Inc. All rights reserved. Mutual Obligations of the National and State Governments To understand the mutual obligations of the national and state governments, we must examine:  National Supremacy

17. Copyright © 2012 Pearson Education, Inc. All rights reserved. Mutual Obligations of the National and State Governments National Government Obligations The guarantee clause says the national government must guarantee the states “a republican form of government.” Protection of the states from foreign invasion and internal violence The president has the legal right to act to protect federal property and uphold federal court orders.

18. Copyright © 2012 Pearson Education, Inc. All rights reserved. Mutual Obligations of the National and State Governments Obligations of the States Maintain “a republican form of government” Hold elections for members of Congress Choose presidential electors

19. Copyright © 2012 Pearson Education, Inc. All rights reserved. Mutual Obligations of the National and State Governments National Supremacy States may not pass laws that conflict with the Constitution or legal acts of Congress. National laws trump state laws in case of conflict. The Supreme Court resolves conflicts in the federal system, on the basis of the supremacy clause.

20. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in Theory and Practice To understand federalism in theory and practice, we must examine:  The Growth of the Grant System  Centralized Federalism  The New Federalism

21. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in Theory and Practice Two major sets of crises in American history focused on federalism: The Civil War The Great Depression and the New Deal policies of Franklin D. Roosevelt

22. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in Theory and Practice Cooperative Federalism Cooperative federalism: A form of federalism that emphasizes cooperation between the national and state governments to achieve policy goals set by the national government. Developed in the late 1930s and subsequent decades to enact new legislation and administer social welfare programs

23. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in Theory and Practice Grants-in-aid: Sums of money that are given by a higher level of government to lower levels to finance programs. The federal government can set goals and award grants to states to be used for specific purposes. State and local governments administer the programs.

24. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in Theory and Practice Sources of federal tax revenue, 2011

25. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in Theory and Practice The Growth of the Grant System Grants to subnational governments grew dramatically in the 20th century. President Lyndon B. Johnson’s Great Society programs of the 1960s: Increased the number of grants and total funds awarded Money spent on grants has mushroomed from $3 million in 1902 to over $650 billion in 2011.

26. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in Theory and Practice

27. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in Theory and Practice Centralized Federalism The view that the national government should define public problems and provide solutions that state and local governments must follow During the Johnson administration, grant aid went to states and localities for civil rights programs, job training, social welfare, transportation, and housing.

28. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in Theory and Practice The New Federalism Republican presidents Richard Nixon (1969–74) and Ronald Reagan (1981–89) advanced efforts to decentralize, returning authority to the states. The rationale was that states and localities knew their needs better than distant federal officials. Block grants: Sums of money given by the national government to states to be used for broad general purposes.

29. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in Theory and Practice The New Federalism (cont.) President Reagan was successful in increasing the use of block grants, allowing states to set priorities. Since the Reagan administration, block grant spending has decreased, while the number of categorical grants has grown. Under Clinton, welfare was converted into a block grant program that enabled the states to adopt those policies best suited for their needs. Under Obama, the federal government became more heavily involved in health care policy than it ever had before.

30. Copyright © 2012 Pearson Education, Inc. All rights reserved. Federalism in Theory and Practice

31. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Supreme Court and Federalism Understanding the Supreme Court and Federalism

32. Copyright © 2012 Pearson Education, Inc. All rights reserved. The Supreme Court and Modern Federalism From 1937 through 1994, the Supreme Court rejected constitutional challenges to all laws passed by Congress based on the commerce clause. The Court ruled in U.S. v. Lopez (1995) that Congress had overstepped its authority in the Gun Free School Zones Act (1990), invading the reserve powers of the states.