1 FEDERALISM Chapter 4
2 Is the federal system the best way to govern the United States?
3 Federalism: Powers DividedChapter 4 Section 1
4 How is the power divided between the federal government and the States?
5 Federalism: The Division of PowerFederal Law State Law Men to register for military service at the age of 18 Minimum wage and time and a half for overtime No person can be denied a job on the basis of his or her race or ethnicity Must have a driver’s license to operate a car Illegal for anyone under the age of 21 to buy alcoholic beverages Illegal for anyone under the age of 18 to purchase tobacco products Persons who satisfy certain requirements can buy or own firearms
6 Why Federalism? The Framers of the Constitution met in Philadelphia in 1787 to solve the following questions: How could they possibly create a new central government that would be strong enough to meet the nation’s needs? How could they, at the same time, preserve the strength of the existing states?
7 Why Federalism? Few of the Framers favored a strong central government, but knew that the Articles of Confederation had proved too weak to deal with the nation’s many problems. Therefore the Framers were convinced: That governmental power poses a threat to individual liberty The exercise of governmental power must be restrained Divided governmental power, as federalism does, is to curb it and prevent its abuse
8 Federalism Defined “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people” - 10th Amendment The division of powers was implied in the original Constitution and then spelled out in the 10th amendment
9 Federalism Defined Federalism is a system of government in a written constitution that divides the powers of government on a territorial basis between a central or national governments and several regional governments. (states) Neither level, acting alone, can change the basic division of powers the constitution created.
10 Federalism Defined Examples:1/3 of the States are directly involved in the liquor business, operating it as a public monopoly; elsewhere private enterprise is the rule In 48 states many gas stations are self-service; in New Jersey and Oregon, the law forbids motorists to pump their own gas. Oregon and Washington the only State that has legalized physician-assisted suicide. North Dakota is the only State is the only state that does not require voter registration Nebraska is the only state that has a unicameral legislature Federalism’s major strength is that it allows local action in matters of local concern, and national action in matters of wider concern. Local traditions, needs, and desires vary from one State to another, federalism allows for this very significant fact
12 Powers of the National GovernmentThe National Government is a government of delegated powers. That is, it has only those powers delegated (granted) to it in the Constitution. There are three types of delegated powers: expressed, implied, inherent.
13 Powers of the National GovernmentExpressed Powers Implied Powers Inherent Powers Powers “spelled out” in the Constitution Powers are also considered “enumerated powers” 27 powers given to Congress (Article I, Section 8) Ex. Power to lay and collect taxes, to coin money, to regulate foreign and interstate commerce, to raise and maintain armed forces. Article II, Section 2 gives several powers to the President Ex. To grant and receive pardons and to appoint federal officials. Article III grants “the judicial power to the United States” Not expressly stated in the Constitution but are reasonably suggested – implied – by the expressed powers Article I, Section 8, Clause 18 gives Congress the “necessary and proper power” (elastic clause) Examples of implied powers regulation of labor management relations Building of the 42,000 mile interstate highway system Made federal crimes of such acts as moving stolen good across state lines Belong to the National Government because it is the government of a sovereign state within the world community The inherent powers are few in number. Major ones include the power to regulate immigration, to deport undocumented aliens, to acquire territory, to grant diplomatic recognition to other states, and to protect the nation against rebellion or other attempts to overthrow the government
14 Powers Denied to the National GovernmentThe Constitution denies the National Government certain powers. Denies powers expressly Levy duties on exports; prohibit freedom of religion, speech, press or assembly; conduct illegal search or seizures; nor deny to any person accused of a crime a speedy and public trial or a trial by jury
15 Powers Denied to the National GovernmentThe Constitution denies the National Government certain powers. Several powers are denied to the National Government because of the silence of the Constitution Powers to create a public school system for the nation, to enact uniform marriage and divorce laws, and to set up units of local governments
16 Powers Denied to the National GovernmentThe Constitution denies the National Government certain powers. 3. Some powers are denied to the National Government because of the federal system itself
17 The States Powers Reserved to the StatesReserved Powers Those powers that the Constitution does not grant to the National Government Marriage Laws Drinking Age Ban the sale of pornography, outlaw prostitution, and permit some forms of gambling
18 The States Powers Reserved to the StatesStates can require that doctors, lawyers, hairdressers, and plumbers be licensed in order to practice in the state Confiscate automobiles and other property used in connections with illegal activities The reserved powers include the vitally important police power– the power of a state to protect and promote the public health, the public morals, the public safety and the general welfare. The Constitution does not grant expressed power to the states with one exception: Section II of the 21st Amendment. Gives states the ability to regulate alcohol
19 Powers Denied to the StatesExclusive powers are strictly given to the federal government and denied to the states No state can enter into any treaty, alliance, or confederation Nor can a state print or coin money or deprive a person life, liberty, or property without due process of law No state can tax any of the agencies or functions of the National Government
20 The Division of Powers Concurrent Powers – powers that both the National Government and the States possess and excercise National Powers Concurrent Powers State Powers Coin Money Regulate interstate and foreign trade Raise and maintain armed forces Declare war Govern U.S. territories and admit new states Conduct foreign relations Levy and collect taxes Borrow money Establish courts Define crimes and set punishments Claim private property for public use Regulate trade and business within the states Establish public schools Pass license requirements for professionals Regulate alcoholic beverages Conduct elections Establish local governments
21 The Supremacy Clause Article VI Section II United States ConstitutionActs of Congress and Treaties In US v Locke the supreme court rules that federal law supersedes Washington State Law State Constitutions Congress also enacts laws governing oil tanker safety (1936, 1972, 1978, 1990) State Statues City and County Charters and Ordinances Washington State passes statutes to help ensure oil tanker safety (1994)
22 The National Government and the 50 StatesChapter 4 Section 2
23 According to the Constitution, what must the National Government guarantee to each State?
24 The Constitution is intended to preserve the union of the states.The Constitution requires: 1. The National government to guarantee certain things to the state. 2. Makes it possible for the National Government to do certain things for the states.
25 The Nation’s Obligations to the StatesRepublican Form of Government Understood to mean a “representative government” Invasion and Internal Disorder must protect each individual state from invasion protection from internal disorder (example: Detroit’s race riots in 1967) aid in stricken areas (storms, floods, drought, forest fires, etc.) Respect for Territorial Integrity must recognize the legal existence and physical boundaries of each state
26 Cooperative FederalismThe American federal system also involves a broad area of shared powers: Include the funds that the Federal Government grants to the States Various services that the States perform for the federal government In short, the American federalist system is much like a tug-o-war
27 Federal Grants-in-Aid State Aid to the National Governmentgrants of federal money to the states education, mass transit, highway construction, health care, on-the-job-training, etc… Categorical Grants federal money granted to a State for a specific purpose (school lunches, construction of airports, etc.) Block Grants federal money given to States or other local governments with fewer-than-usual strings attached (healthcare, social services, welfare) Project Grants federal money given to private agencies, States, or local governments that apply for it (research for cancer, diabetes, etc) State Aid to the National Government conduct national elections in each state (financed with state and local funds)
28 Interstate Relations Chapter 4 Sec 3
29 How do the States work together to preserve the Union?
30 Interstate Compacts No State can enter into any treaty, alliance, or confederation; however, they can enter into interstate compacts, agreements among themselves and with foreign states (with permission from Congress) Criminal Records Conservation of such resources as water, oil, wildlife, and fish, prevent forest fires, etc…
31 Full Faith and Credit States must recognize the validity of records, documents, and civil court decisions in other States Applies only to civil, not criminal matters Place of birth Marital status Title to property
32 Extradition The legal process by which a fugitive from justice in one State is returned to that State. Designed to prevent a person from escaping justice by fleeing a state.
33 Privileges and ImmunitiesStates cannot draw unreasonable distinctions between their own residents and residents of other States Must allow any citizen, no matter where they live, the use of courts, buy, own, rent, marry within its borders Some reasonable distinctions would include things such as college, fishing, hunting, voting…etc.