Chapter 4 Federalism

2001 by Prentice Hall, Inc.Chapter 4 Federalism

Question of the dayWhat is the protocol at your house, who gets to make the decisions, you, your parents, or is it a combined effort?

Chapter 4, Section 1S E C T I O N 1Federalism: The Division of PowerWhat is federalism, and why was it chosen by the Framers?What powers are delegated to and denied to the National Government, and what powers are reserved for and denied to the States? What exclusive powers does the National Government have, and what concurrent powers does it share with the States?What place do local governments have in the federal system?How does the Constitution function as the supreme Law of the Land? REVIEW: The Framers were dedicated to the concept of limited government. They were convincedWhy Federalism?(1) that governmental power poses a threat to individual liberty,(2) that therefore the exercise of governmental power must be restrained, and (3) that to divide governmental power, as federalism does, is to curb it and so prevent its abuse.Chapter 4, Section 1DefinitionFederalism: a system of govt in which powers are divided between the national govt (U.S.) and the State governments (50 States). Allows local action in matters of local concern.Stronger govt, yet preserved powers of the States.

Chapter 4, Section 1The Constitution provides for a division of powers, assigning certain powers to the National Government and certain powers to the States.

Curbs govt power to avoid its abuse.

The 10th Amendment

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 system known as Federalism is spelled out in the Bill of Rights.

Strengths of FederalismFederalism allows for local action in matters of local concern.

For example:New Jersey and Oregon forbids motorists to pump gas.Nebraska has a unicameral legislature.Oregon allows physician assisted suicide.Washington and Colorado have legalized marijuana.AK, DE, NH, MT, OR do not impose a generals sales tax.

3 Types of Delegated (granted) Powers of the National GovernmentThe National Government has only those powers delegated (granted) to it by the ConstitutionChapter 4, Section 1expressed enumerated powers are those found directly within the Constitution. (Many are in Article I Section 8). (taxes, coin $, declare war, etc.)

implied powers are not stated in the Constitution, but are suggested, or implied by, the expressed powers (draft). Necessary and Proper Clause Elastic Clause. Interstate commerce.

inherent powers belong only because the U.S. is sovereign. There are few of these. (acquire territory, regulate immigration, put down rebellion). Inherent powers are implied by an expressed power. The expressed power to raise armies and a navyImplies the power to draft Americans into the military

The expressed power to regulate commerceImplies the power to:Establish a minimum wageBan discrimination in workplaces and public facilitiesPass laws protecting the disabledRegulate bankingThe expressed power to establish post officesImplies the power to:Prohibit mail fraud and obstruction of the mailsBar the shipping of certain items through the mailExamples of implied powers93 Ways Powers are Denied to the National Govt:Chapter 4, Section 11. Expressly: Constitution denies the Nat. Govt the right to prohibit freedom of religion, speech, jury trial, cruel and unusual punishment, right to vote based on race or gender, etc.2. Silence: Some powers are denied because the Constitution is silent (create schools, hospitals, set up local units of govt, establish marriage laws). 3. Not Intended: Other powers are denied because Federalism does not intend the national govt to have the power (regulate business, drivers licensing, hunting licenses).

The StatesPowers Reserved to the StatesThe 10th Amendment declares that the States are governments of reserved powers.The reserved powers = powers that the Constitution does not grant to the National Government and does not, deny to the States (gambling laws, outlaw prostitution, require licensing for jobs, liquor laws, police power, etc.)Powers Denied to the StatesJust as the Constitution denies many powers to the National Government, it also denies many powers to the States.Powers denied to the States are denied in much the same way that powers are denied to the National Government; both expressly and inherently (coin $, make treaties, tax the nat. govt.)Chapter 4, Section 1

The Exclusive and Concurrent PowersExclusive PowersPowers that can be exercised by the National Govt alone are known as the exclusive powers.Ex: coin money, make treaties, tax imports, war Concurrent PowersConcurrent powers are powers that both National and State Govt have. Ex: tax, define crimes and set punishments, and to claim private property for public use (roads, parks).

Chapter 4, Section 1

The Federal System and Local GovernmentsThere are more than 87,000 units of local government in the United States today. Each of these local units is located within one of the 50 States. Each State has created these units through its constitution and laws.Local governments, since they are created by States, are exercising State law through their own means (unitary govt).Chapter 4, Section 1The Division of PowersThe federal system determines the way that powers are divided and shared between the National and State governments.Chapter 4, Section 123The Supreme Law of the LandThe Supremacy Clause in the Constitution establishes the Constitution and United States laws as the supreme Law of the Land. Article VIChapter 4, Section 123

The Supreme Court and FederalismThe Supreme Court is the umpire in the Federal system. It often applies the Supremacy Clause to the conflicts that arise in the dual system of government. The first case was McCulloch v. Maryland in 1819. The case upheld the implied power to regulate interstate commerce through the supremacy clause. It said States cannot tax the Federal Government.

Section 1 Review1. The expressed powers granted to the National Government are found(a) in the Constitution.(b) in the Declaration of Independence.(c) in common law.(d) in State constitutions.2. The reserved powers (a) are granted by the Articles of Confederation.(b) are powers granted to only local governments.(c) are those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States.(d) are those powers that the Constitution grants only to National Government. Chapter 4, Section 1Chapter 4, Section 3S E C T I O N 3Interstate RelationsWhy do States make interstate compacts?What is the purpose of the Full Faith and Credit Clause?What is extradition, and what is its purpose?What is the purpose of the Privileges and Immunities Clause?Question of the DayImagine if you were driving to Mishawaka to go shopping at University Park Mall and your divers license was invalid, you had to pay higher prices for items, your parents marriage was was not recognized.

These, and many other problems are avoided because of Article IV of the Constitution, which outlines States relationships.Interstate CompactsNo State may enter into any treaty, alliance, or confederation. Article IVChapter 4, Section 3However, the States may, with the consent of Congress, enter into interstate compactsagreements among States.Ex: sharing law-enforcement data, resource development and conservation, metro DC. Chapter 4, Section 3Full Faith and CreditThe Full Faith and Credit Clause of the Constitution ensures that States recognize the laws and, documents, and court proceedings of the other States (drivers license, marriage cert).There are two exceptions to the clause though:(1) One State cannot enforce another States criminal laws. And, (2) If laws not recognized. Ex: a state that doesn't recognize same sex marriages is not required to give full faith and credit to such marriages, even if the marriages are legal in another state.ExtraditionExtradition is the legal process by which a fugitive from justice in one State is returned to that State (Article IV, Section 2, Clause 2 of the Constitution).Example: Someone who commits a crime in Buchanan cannot hide out in South Bend. Indiana must return the fugitive to Michigan, even if the criminal is an Indiana resident.Chapter 4, Section 3

Privileges and ImmunitiesThe Privileges and Immunities Clause no State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States (taxes, tickets, tolls, rent.).However, States can draw reasonable distinctions example: college tuition, fishing and hunting license fees, etc.Chapter 4, Section 3

Section 3 Review1. The Full Faith and Credit Clause guarantees that in most cases (a) a State will recognize the laws, documents, and court rulings of another State.(b) States will provide for consumer credit cards.(c) a State will be able to supercede the laws of the Constitution.(d) States can ignore the laws and regulations of the other States.

2. States can charge higher tuition rates and hunting licenses for out-of-State residents, under the (a) Full Faith and Credit Clause.(b) extradition clause.(c) Privileges and Immunities Clause.(d) Northeast Dairy Compact.