1. Chapter 4: Federalism

2. What is Federalism?
Federalism is a system of dividing power between the central national government, and the regional state governments

3. Why do we use a Federalist System?
Framers believed government was a threat to individual liberty
Government must therefore be restrained
Dividing the powers of government can limit it

4. Advantages of Federalism
Allows local action in matters of local concern
Allows people to be more connected to policymaking at the local level
Creates the chance to experiment with policies in a small area before applying them everywhere

5. Divisions of Power
There are three kinds of power for the national government
Expressed – written directly in the Constitution
Implied – reasonably assumed from the expressed powers
Inherent – never mentioned in the Constitution, but always used by national governments

6. Divisions of Power
Reserved Powers – the powers that are not given to the national government, and are thus reserved for the states

7. Powers of Government Expressed Powers (National)
Print money
Regulate interstate (between states) and international trade
Make treaties and conduct foreign policy
Declare war
Provide an army and navy
Establish post offices
Make laws necessary and proper to carry out the these powers
Reserved Powers (State)
Issue licenses
Regulate intrastate (within the state) businesses
Conduct elections
Establish local governments
Ratify amendments to the Constitution
Take measures for public health and safety
May exert powers the Constitution does not delegate to the national government or prohibit the states from using

8. Powers of Government
Concurrent Powers (exercised by both national and state government)
Collect taxes
Build roads
Borrow money
Establish courts
Make and enforce laws
Charter banks and corporations
Spend money for the general welfare
Eminent Domain - Take private property for public purposes, with just compensation

9. The Nation’s Obligations to the States
The national government is Constitutionally required to guarantee the following things for the states:
Republican form of government – basically means a representative government

10. The Nation’s Obligations to the States
Protection from Invasion and Internal Disorder – federal government will use force when the state can’t handle a problem
Respect for Territorial Integrity – it must legally acknowledge the existence and boundaries of the states

11. How to Admit New States
Congress has the power to admit new states into the U.S.
Therefore, Congress gets to set rules for what states must do to get admitted

12. Cooperative Federalism
Sometimes, the state and national governments fight over power
There are also ways that they help each other

13. Federal Grants
Grant – money from the federal government given to the states
This money helps the states run programs like education and welfare without going broke
The federal government sets conditions for receiving the grant, which gives it more influence over the state

14. Types of Grants
Categorical Grant – money for a specific, defined purpose
Block Grant – money for a broad purpose, few strings attached
Project Grant – money for programs like research or job training, could be given to universities or private businesses

15. Other Help for the States
FBI helps state and local police
Army helps National Guard
Census Bureau’s data is free research for the states
And more!

16. State help for the National Government
All elections are paid for and run by the states
Local police often catch the criminals the FBI is searching for
Naturalization takes place in state courts
And more!

17. Interstate Relations

18. Full Faith and Credit
The “Full Faith and Credit” Clause is found in Article IV
It says that states must legally recognize each others’ public acts, records, and judicial proceedings

19. Exceptions to Full Faith and Credit
Full Faith and Credit only applies to Civil cases, not criminal cases!
States cannot punish someone on behalf of another state
States do not have to recognize each others’ divorces if the people were not true residents of the state granting the divorce

20. Other Requirement
Extradition – a fugitive from justice who flees a state must be returned to the state where he committed the crime
This prevents criminals from being able to escape consequences of their actions

21. Privileges and Immunities Clause
States cannot draw distinctions between their residents and citizens from other states