American Government and Economics:

Unit 4: Federalism

Mr. ChortanoffOverview and Insights

Chapter 4

Big Idea:Federalism is a system that

operates and distributes power between national and state

governments.

Unit Essential Questions: 1.How does a federal system operate?2.How are powers distributed between federal and state governments?

Two Concepts

Division of Power

How are powers divided between federal and state governments?

Why is division of power necessary?

Interstate Relations

How are relations carried out between the states and the federal government?

How are interstate relations carried out between state governments?

FEDERALISM

• Federalism divides power to limit abuse by government

• Central government and State governments share power

Government PowersGovernment Powers(Division of Powers)(Division of Powers)

National Government

StateGovernment

Powers Granted

Powers Denied

Delegated Powers

Reserved Powers

Concurrent Powers

Expressed

Implied

Inherent

10th Amendment

Denied National Denied States

Denied Both

EXCLUSIVE

EXCLUSIVE

EXCLUSIVE

EXCLUSIVE

Powers of the National Government

The National Government is a government of delegated powers, meaning that it only has those powers delegated (granted) to it in the Constitution. There are three types of delegated powers:

The expressed powers are those found directly within the Constitution.

The implied powers are not expressly stated in the Constitution, but are reasonably

suggested, or implied by, the expressed powers.

The inherent powers belong to the National Government because it is the government of a

sovereign state within the world community. There are few inherent powers, with an example being the National Government’s ability to regulate immigration.

National Government Powers

• Delegated powers

– Written in Constitution

• Expressed or Enumerated Powers– Article I, section 8 – 27

Powers given to Congress– Article II, section 2

Presidential powers– Article III

Judiciary powers

National Government Powers Continued

• Implied Powers

– Reasonably suggested or interpreted (“read between the lines”)– Article I, Section 8, Clause 8

“Necessary and Proper” (Elastic Clause)

National Government Powers Continued

• Inherent Powers

– Powers that the National government always possesses

• Examples:– Regulate immigration– Acquire territory– Recognize other states– Protect the nation– Print money

NATIONAL POWERS

• Exclusive Powers – only given to National government

– Make treaties– Print $$– Add territory/states

STATES’ Powers• Reserved powers

– Not given to the Federal government (just for the States)

• Powers denied to the States– Treaties– Print $$– Deprive due process– Can’t tax Federal

government or property

National and State POWERS

• Concurrent Powers – States and Federal government share these powers

– Taxation– Punish crimes– Take property

Local Government

• 3 Levels of government– Federal– State– Local (County, City,

School)– There are over 87,000

units of local government in the US

– All local government must follow the Constitution

Republic Guaranteed• National Government

guarantees we will have a Republic (or Representative government) where people can run and vote for leaders

• National Government guarantees us protection from invasion and domestic violence (War on terror, disaster relief in the Gulf area, Little Rock)

Admitting new States• Only Congress can

admit new States• Enabling Act must be

passed first which direct people there to frame a constitution and vote on it

• Admission Act is passed next which means the territory has been accepted as a State

Cooperation between States and Feds

• Even though the basis of federalism is the division of powers between levels of government, there is still much cooperation between them.

• Federal Grants - $ given to States by Federal government with “strings attached”

• Revenue Sharing - $ given to States by Feds with “no strings attached”

Cooperative FederalismTYPE OF SERVICE HOW FEDERAL AND STATE GOV’TS

COOPERATE

GRANT-IN-AID PROGRAMS

1. Congress sets up program in a variety of areas2. Federal government gives money to States to run

programs3. Types of grants include categorical, block, and project

REVENUE SHARING 1. Was in place from 1972-19872. Congress gave share of federal tax revenue to State

and local governments to use as they chose

OTHER FORMS OF FEDERAL AID

1. Federal agencies assist State and local police2. Armed forces equip and train States’ National Guard3. Federal monies go to local governments in lieu of

property taxes

STATE AID TO THE NATIONAL GOV’T

1. State and local officials conduct national elections

2. Naturalization usually takes place in State courts3. State and local police aid federal law

enforcement agencies.

Federal Grants

Categorical Grants• Categorical grants are made for some specific, closely defined purpose, such as school lunch

programs or the construction of airports or water treatment plants. There are usually conditions, or “strings,” attached to regulate the use of these funds.

Project Grants• Project grants are provided to States, localities, and sometimes private agencies that

apply for them. They are used for a variety of purposes ranging from medical research to job training and employment programs.

Block Grants

• Block grants are portions of money allocated to States to use for broader purposes, such as health care, social services, or welfare. Block grants often are granted with fewer strings attached.

Congress appropriates (distributes) money for three types of grants-in-aid:

Interstate Relations

Interstate compacts are agreements

among the States to solve a common

problem.

The Privileges and Immunities Clause states that all citizens are entitle to certain privileges

(rights) and immunities (protections, exemptions) regardless of their State of

residence.

Extradition is the legal process by which a fugitive from justice in one State is

returned to that State.

The Full Faith and Credit Clause requires that each State accept

the public laws, records, and court decisions of every

other State.

Between States

• Interstate compacts – States make pacts with other countries or states with Congressional approval

• Full Faith and Credit – records, court decisions, and debts in one state carry into others (civil matters)

• Extradition – criminal who leaves a State must be returned

• Privileges and Immunities – all rights of Americans recognized in all States

The Supremacy ClauseThe Supremacy Clause(Article VI, Section 2)(Article VI, Section 2)

City and County Laws

State Statues (laws)

State Constitutions

Acts of Congress

United States Constitution

The U.S. The U.S. Constitution Constitution

is the is the “Supreme “Supreme Law of the Law of the

Land.”Land.”

If there is a conflict between a lower law and a higher one, the

higher one “wins.”