1. Chapter 4 Federalism

2. Section 1—Federalism: The Division of Power Objectives: Objectives: –Define federalism and explain why the Framers chose this system of government. –Identify powers delegated to and denied to the National Government, and powers reserved for and denied to the States. –Understand that the National Government holds exclusive powers; it also holds concurrent powers with the States. –Explain the place of local governments in the federal system. –Examine how the Constitution functions as “the supreme Law of the Land.”

3. Section 1—Federalism: The Division of Power Why It Matters: Why It Matters: –The federal system divides government power in order to prevent its abuse. There are two basic levels of government in the federal system---National and State. The Supreme Court settles disputes between the two.

4. Section 1—Federalism: The Division of Power Political Dictionary: Political Dictionary: –Federalism –Division of powers –Delegated powers –Expressed powers –Implied powers –Inherent powers –Reserved powers –Exclusive powers –Concurrent powers

5. Section 1—Federalism: The Division of Power Why Federalism? Why Federalism? –How to create a strong government, yet protect the rights of the States. –Articles of Confederation were too weak. –Hate for the British strong central government. –The Framers were convinced: Government must pose no threat to individual liberty. Government must pose no threat to individual liberty. Governmental power must be restrained. Governmental power must be restrained. Divided power curbs and prevents abuse. Divided power curbs and prevents abuse.

6. Section 1—Federalism: The Division of Power Federalism Defined: Federalism Defined: –Division of powers between a National Government and various State governments. –Dual system with areas of authority. –Preserves local character of laws. Liquor, gasoline, voter registration, sales tax, income tax, drivers licenses, unicameral, etc. Liquor, gasoline, voter registration, sales tax, income tax, drivers licenses, unicameral, etc. –Big matters like national defense and natural disasters can be handled nationally.

7. Section 1—Federalism: The Division of Power Powers of the National Government. Powers of the National Government. –Delegated Powers—those granted to the National Government by the Constitution. –Expressed Powers—spelled out in words. 18 clauses, 27 powers—Article I, section 8. 18 clauses, 27 powers—Article I, section 8. –Implied Powers—not spelled out but reasonably suggested. “Necessary and Proper” Clause “Necessary and Proper” Clause Convenient and Useful—Elastic Clause Convenient and Useful—Elastic Clause –Highways, interstate crime, racial discrimination, interstate commerce.

8. Section 1—Federalism: The Division of Power Powers of the National Government (cont.) Powers of the National Government (cont.) –The Inherent Powers—few in number, but usual and customary for national governments. Immigration, diplomatic affairs, protection against rebellion, etc. Immigration, diplomatic affairs, protection against rebellion, etc.

9. Section 1—Federalism: The Division of Power Powers Denied to the National Government. Powers Denied to the National Government. –Powers to levy duties on exports between states. –Prohibit freedom of religion, speech, press, or assembly. –Conduct illegal searches or seizures. –Deny to any person accused of a crime a speedy and public trial or trial by jury.

10. Section 1—Federalism: The Division of Power Powers Denied to the National Government. Powers Denied to the National Government. –By silence because all national powers must be given expressly, implicitly, or inherently. Power to create a public school system. Power to create a public school system. Enact uniform marriage and divorce laws. Enact uniform marriage and divorce laws. Set up local units of government. Set up local units of government. –Powers that would destroy the federal system. Taxation of States in doing their natural functions. Taxation of States in doing their natural functions.

11. Section 1—Federalism: The Division of Power The States The States –Powers Reserved to the States. Reserved Powers. Reserved Powers. –Can deal with marriage, liquor, pornography, prostitution, gambling, licensure of professionals, drug trafficking, land use laws, regulation of utilities –Police power –Section 2 of the 21 st Amendment grants unlimited power to regulate the manufacture, sale, and consumption of alcoholic beverages.

12. Section 1—Federalism: The Division of Power The States (cont.) The States (cont.) –Powers Denied to the States. Treaties, alliances, or confederations. Treaties, alliances, or confederations. Print or coin money. Print or coin money. Deprive one of life, liberty, or property without due process of law. Deprive one of life, liberty, or property without due process of law. Inherently the States may not tax the functions of the National Government. Inherently the States may not tax the functions of the National Government. State Constitutions limit State Government too. State Constitutions limit State Government too.

13. Section 1—Federalism: The Division of Power The Exclusive and the Concurrent Powers. The Exclusive and the Concurrent Powers. –Exclusive Powers: Coin money Coin money Make treaties Make treaties Lay duties (taxes) on imports Lay duties (taxes) on imports Regulate interstate commerce Regulate interstate commerce –Concurrent Powers: Taxation Taxation Define and punish crimes Define and punish crimes Condemn property Condemn property Establish courts Establish courts

14. Section 1—Federalism: The Division of Power The Federal System and Local Governments. The Federal System and Local Governments. –87,000 units—all part of State Government. –All local government actions are controlled by and delegated to them by State Government. The Supremacy Clause The Supremacy Clause –Article VI, Section 2---”the supreme Law of the Land.”

15. Section 1—Federalism: The Division of Power The Supremacy Clause The Supremacy Clause –Article VI, Section 2---”the supreme Law of the Land.” –The Supreme Court and Federalism. McCulloch v. Maryland—1819, involved the attempt of the Maryland legislature to tax the Second Bank of the United States. McCulloch v. Maryland—1819, involved the attempt of the Maryland legislature to tax the Second Bank of the United States. The Supreme Court is the “umpire” of the federal system. The Supreme Court is the “umpire” of the federal system.

16. Section 2—The National Government and the 50 States Objectives: Objectives: –Summarize the obligations that the Constitution places on the nation for the benefit of the States. –Explain the process for admitting new States to the Union. –Examine the many and growing areas of cooperative federalism

17. Section 2—The National Government and the 50 States Why It Matters: Why It Matters: –In this country, the power to govern is shared by the National Government and each of the 50 States (including their thousands of local governments). Given this fact, conflicts are inevitable—and cooperation is absolutely necessary.

18. Section 2—The National Government and the 50 States Political Dictionary: Political Dictionary: –Enabling Act –Act of Admission –Grants-in-Aid Program –Revenue Sharing –Categorical Grant –Block Grant –Project Grant

19. Section 2—The National Government and the 50 States The Nation’s Obligation to the States The Nation’s Obligation to the States –Republican Form of Government Not defined but generally means “representative.” The Supreme Court says this is a political question. Not defined but generally means “representative.” The Supreme Court says this is a political question. After the Civil War Southern States had to ratify the 13 th, 14 th, and 15 th Amendments to be readmitted. After the Civil War Southern States had to ratify the 13 th, 14 th, and 15 th Amendments to be readmitted. –Until they did they were considered “not-republican.”

20. Section 2—The National Government and the 50 States The Nation’s Obligations to the States (cont.) The Nation’s Obligations to the States (cont.) –Invasion and Internal Disorder Original intention is obsolete. Original intention is obsolete. Now occasionally used to protect against “Domestic Violence.” Governor usually requests. Now occasionally used to protect against “Domestic Violence.” Governor usually requests. –Race conflict of the 1960s –Ravages of nature –Respect for Territorial Integrity

21. Section 2—The National Government and the 50 States Admitting New States Admitting New States –No new state may be created by taking territory from another without their consent. –37 added since the original 13 Enabling Act Enabling Act State Constitution prepared. State Constitution prepared. Popular vote. Popular vote. Act of Admission by Congress. Act of Admission by Congress.

22. Section 2—The National Government and the 50 States Admitting New States (cont.) Admitting New States (cont.) –Conditions for Admission Rare restrictions Rare restrictions Restrictions are often void after admission. Restrictions are often void after admission.

23. Section 2—The National Government and the 50 States Cooperative Federalism Cooperative Federalism –Shared powers Federal Grants-in-Aid Federal Grants-in-Aid –Northwest Ordinance provision for education—1787 –Morrill Act of 1862—to fund education –Education, low-income housing, local law enforcement, mental health, etc. Revenue Sharing—1972-1987—few strings, only non-discrimination. Revenue Sharing—1972-1987—few strings, only non-discrimination.

24. Section 2—The National Government and the 50 States Shared Powers Shared Powers –Types of Federal Grants Categorical Grants Categorical Grants –School lunch, sometimes require matching. Block Grants—broader than Categorical Block Grants—broader than Categorical Project Grants—more specific Project Grants—more specific –Other Forms of Federal Aid FBI assistance, National Guard, Lulu payments FBI assistance, National Guard, Lulu payments –State Aid to the National Government Conduct elections, use jails, naturalization Conduct elections, use jails, naturalization

25. Section 3—Interstate Relations Objectives: Objectives: –Explain why States make interstate compacts. –Understand the purpose of the Full Faith and Credit Clause. –Define extradition and explain its purpose. –Discuss the purpose of the Privileges and Immunities Clause.

26. Section 3—Interstate Relations Why It Matters Why It Matters –What if Texas citizens were not allowed to travel to Oklahoma, or needed a special passport to do so? What if your North Carolina driver’s license were not valid when you drove through Ohio? Fortunately, several key provisions in the Constitution promote cooperation between and among the States.

27. Section 3—Interstate Relations Political Dictionary: Political Dictionary: –Interstate Compact –Full Faith and Credit Clause –Extradition –Privileges and Immunities Clause

28. Section 3—Interstate Relations Interstate Compacts Interstate Compacts –Must have the consent of Congress –More than 200 Compacts exist today Full Faith and Credit Full Faith and Credit –Applies only to civil, not criminal matters. –Divorces may not be recognized. Williams v. North Carolina Williams v. North Carolina –“Intent” to be a resident was determinant.

29. Section 3—Interstate Relations Extradition Extradition –Mandatory Privileges and Immunities Privileges and Immunities –Cannot favor residents over others –For some privileges residency can be a required standard---voting, hunting/fishing, out of state tuition, etc.