2. Chapter 4: Federalism

3. What is Federalism? Federalism is the way we divide power between the central, national government, and the regional state governments

4. 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

5. Advantages of Federalism Allows local action in matters of local concern Here are some examples… Gov. Brewer Pres. Obama

6. Differences Between States In Oregon and New Jersey, it is illegal to pump your own gas In Nevada, it is illegal to ride a camel on state highways In Texas, criminals are required to inform their victims of the crime to be committed 24 hours in advance, either verbally or in writing

7. Differences Between States In Massachusetts, it is illegal to go to bed without taking a full bath In Ohio, it is illegal to get fish drunk In California, it is illegal for a car without a driver to exceed 60 miles per hour

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

9. Divisions of Power Reserved Powers – the powers that are not given to the national government, and are thus reserved for the states 10 th Amendment

10. 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 Republican form of government – basically means a representative government

11. The Nation’s Obligations to the States Protection from Invasion and Internal Disorder Protection from Invasion and Internal Disorder Respect for Territorial Integrity – it must legally acknowledge the existence and boundaries of the states. Georgia vs. Tennessee Respect for Territorial Integrity – it must legally acknowledge the existence and boundaries of the states. Georgia vs. Tennessee

12. How to Admit New States Congress has the power to admit new states into the U.S. (Article IV) Congress gets to set rules for what states must do to get admitted For example:

13. Utah Congress required Utah to ban polygamy (having more than one spouse) before being admitted

14. Arizona had a rule that allowed people to remove judges by voting – judicial recall Arizona repeal the law before becoming a state (Happy 100 th !) But, we’re tricky here in AZ… Arizona

15. Arizona repealed the law as the U.S. requested, and became a state Our first official act of statehood – A constitutional amendment to add judicial recall A constitutional amendment to add judicial recall Arizona

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

17. 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 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 The federal government sets conditions for receiving the grant, which gives it more influence over the state

18. 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

19. Other Help for the States FBI, ATF, U.S. Marshals, & Justice Dept. help state and local police Army helps National Guard Census Bureau’s data is free research for the states And more!

20. 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!

21. Interstate Relations “Can’t we just all get along?” Rodney King

22. 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

23. 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 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

24. 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

25. Dramatization Yo, Texas dude!

26. Dramatization Some guy killed Michael Moore, and he crossed into your border.

27. Dramatization Can you send him back over, bra?

28. Dramatization No. You’re a fruit cake, Cali.

29. Dramatization And I hate that lefty slob…

30. Dramatization No, Texas! You must extradite him!

31. Dramatization Dang, ya’ll. Go catch a wave…

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

33. Words of Wisdom with California Governor Arnold Schwarzenegger