1. Chapter 4 Federalism

2. Section 1—Federalism: The Division of Power
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:
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:
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?
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.
Governmental power must be restrained.
Divided power curbs and prevents abuse.

6. Section 1—Federalism: The Division of Power
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.
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.
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.
Implied Powers—not spelled out but reasonably suggested.
“Necessary and Proper” 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.)
The Inherent Powers—few in number, but usual and customary for national governments.
Immigration, diplomatic affairs, protection against rebellion, etc.

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

11. Section 1—Federalism: The Division of Power
The States
Powers Reserved to the States.
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 21st 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.)
Powers Denied to the States.
Treaties, alliances, or confederations.
Print or coin money.
Deprive one of life, liberty, or property without due process of law.
Inherently the States may not tax the functions of the National Government.
State Constitutions limit State Government too.

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

14. Marijuana regulated by states?
The question before the Supreme Court was not whether allowing the medicinal use of marijuana was a good policy or a bad policy. The legal question was whether Congress had the authority under the Constitution to regulate something that happened entirely within the boundaries of a given state.

15. Section 1—Federalism: The Division of Power
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
Article VI, Section 2---”the supreme Law of the Land.”

16. Section 1—Federalism: The Division of Power
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.
The Supreme Court is the “umpire” of the federal system.

17. Section 2—The National Government and the 50 States
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

18. Section 2—The National Government and the 50 States
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.

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

20. Section 2—The National Government and the 50 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.
After the Civil War Southern States had to ratify the 13th, 14th, and 15th Amendments to be readmitted.
Until they did they were considered “not-republican.”

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

22. The 1967 Detroit Riot
The 1967 Detroit Riot, also known as the Twelfth Street Riot or the Detroit Rebellion, was the worst American race riot of the 1960s. For five days during the Summer of Love Detroit burned. At the end 43 lay dead. In American history only the 1992 Los Angeles riot and the 1921 Tulsa riot were worse. It came less than a month after the Newark riot, which killed 25. It took 17,000 armed men to put it down: the governor called in the National Guard and the president called in the army. Tanks rolled through the streets of Detroit. Dates: July 23rd to 28th 1967 Deaths: 43 (33 black, 10 white) Injured: 1189 Buildings destroyed: over 2,000 Property damage: $40 to $80 million ($250 to $500 million in 2009 dollars) Part of what made the riot so bad was the heavy-handed approach of the Guardsmen. They shot a four-year-old girl dead, for example, when they saw her father’s lit cigarette in a darkened window.

23. Section 2—The National Government and the 50 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
State Constitution prepared.
Popular vote.
Act of Admission by Congress.

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

25. Section 2—The National Government and the 50 States
Cooperative Federalism
Shared powers
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— —few strings, only non-discrimination.

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

27. Section 3—Interstate Relations
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.

28. Section 3—Interstate Relations
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.

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

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

31. Section 3—Interstate Relations
Extradition
Mandatory
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.