Ch. 4 Federalism Ch. 4 Federalism

What is federalism? What is federalism?

Division between state and Division between state and national governmentnational government

Major Strength: allows local action Major Strength: allows local action in matters of local concern and in matters of local concern and national action in matters of national action in matters of national concern.national concern.

Why did the Framers feel that Why did the Framers feel that a division of powers was a division of powers was

needed?needed? Governmental power poses a threat to Governmental power poses a threat to

libertyliberty

Therefore the exercise of governmental Therefore the exercise of governmental power must be restrainedpower must be restrained

By dividing governmental power, they By dividing governmental power, they were preventing its abusewere preventing its abuse

Where in the Constitution is Where in the Constitution is the division stated? the division stated?

10th Amendment10th Amendment

THE FEDERAL SYSTEM AND THE FEDERAL SYSTEM AND LOCAL GOVERNMENTLOCAL GOVERNMENT

33 levels of govt. (Division of levels of govt. (Division of Govt) Govt) NationalNational StateState LocalLocal

Powers of the National Powers of the National Government Government

Called delegated Called delegated 3 types: 3 types:

ExpressedExpressed ImpliedImplied InherentInherent

Expressed PowersExpressed Powers

a.k.a. enumerated powersa.k.a. enumerated powers

27 given to Congress27 given to Congresspage 96page 96

Implied PowersImplied Powers

Not expressly stated in the Constitution Not expressly stated in the Constitution but are reasonably suggested but are reasonably suggested ( ( implied)implied)

Article I, Section 8, Clause 18 – Article I, Section 8, Clause 18 – Necessary and Proper Clause ( Elastic Necessary and Proper Clause ( Elastic Clause)Clause)

Page 96-97Page 96-97

Inherent Powers Inherent Powers

Belong to National Govt. because it is Belong to National Govt. because it is the govt. of a sovereign state within the govt. of a sovereign state within the world community. the world community.

Only claimed by national govt., not Only claimed by national govt., not statesstates

Page 97Page 97

Powers Reserved to the Powers Reserved to the StatesStates

Called Reserved Powers ( powers Called Reserved Powers ( powers that the Constitution does not grant that the Constitution does not grant to the National govt. and does not, at to the National govt. and does not, at the same time, deny to the States the same time, deny to the States

Page 99Page 99

Concurrent PowersConcurrent Powers

Powers delegated to both the Powers delegated to both the National Govt. and the State National Govt. and the State Govt. Govt.

Page 99-100Page 99-100

StatesStates

Full Faith and Credit Clause – Full Faith and Credit Clause – “…“…shall be given in each State to the shall be given in each State to the

public Acts [laws of the state], public Acts [laws of the state], Records [birth documents, marriage, Records [birth documents, marriage, property], and judicial Proceedings property], and judicial Proceedings [court outcomes] of every other [court outcomes] of every other State.”State.”

Extradition Extradition

the surrender of an alleged offender the surrender of an alleged offender or fugitive to the state in whose or fugitive to the state in whose territory the alleged offence was territory the alleged offence was committed committed

Local GovernmentLocal Government

More than 87,000 local More than 87,000 local governments within U.S.governments within U.S.

Can provide services, regulate Can provide services, regulate activities, and collect taxes. activities, and collect taxes.

Derive power from State Derive power from State governments. governments.

Dual powers can create Dual powers can create conflicts within the govt. so conflicts within the govt. so how does the govt. resolve how does the govt. resolve

them?them? The Supremacy ClauseThe Supremacy Clause

The Supremacy ClauseThe Supremacy Clause

“ “ This Constitution, and the Laws of the This Constitution, and the Laws of the United States which shall be made in United States which shall be made in Pursuance thereof; and all Treaties made, or Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of which shall be made, under the Authority of the United States, shall be the supreme Law the United States, shall be the supreme Law of the Land; and the Judges in every State of the Land; and the Judges in every State shall be bound; thereby, any Thing in the shall be bound; thereby, any Thing in the Constitution or Laws of any state to the Constitution or Laws of any state to the Contrary notwithstanding.”Contrary notwithstanding.”

The Supremacy ClauseThe Supremacy Clause

The Constitution and the laws and The Constitution and the laws and treaties are the Supreme law of the treaties are the Supreme law of the land. land.

Called the “linchpin of the Called the “linchpin of the

Constitution” because it joins the Constitution” because it joins the National Govt. and States into a National Govt. and States into a single governmental unit.single governmental unit.

The Supremacy ClauseThe Supremacy Clause

Invasion and Internal Invasion and Internal DisasterDisaster

The Constitution states that the The Constitution states that the National Govt. must protect States National Govt. must protect States from Invasion and against domestic from Invasion and against domestic violence.violence.

clear that any invasion on a state clear that any invasion on a state would be an attack on the U.S. would be an attack on the U.S.

However, this wasn’t always the case: However, this wasn’t always the case:

Invasion and Internal Invasion and Internal DisasterDisaster

Local govts- take care of peace, internal Local govts- take care of peace, internal disorder, etc. disorder, etc.

When a govt. cannot control area, then When a govt. cannot control area, then State steps in. State steps in.

When is help needed by the federal govt.? When is help needed by the federal govt.? 1960s – Race Riots1960s – Race Riots 2005 – New Orleans2005 – New Orleans Usually President sends in troops at the Usually President sends in troops at the

request of Governor or legislature.request of Governor or legislature.

Interstate RelationsInterstate Relations

Interstate Compacts – Interstate Compacts – States can enter agreements among States can enter agreements among

themselves and with foreign states.themselves and with foreign states. All 50 States have joined in two:All 50 States have joined in two:

The Compact for the Supervision of Parolees The Compact for the Supervision of Parolees and Probationersand Probationers

Compact on JuvenilesCompact on Juveniles

Privileges and ImmunitiesPrivileges and Immunities

No State can draw unreasonable No State can draw unreasonable distinctions between its own distinctions between its own residents and those persons who residents and those persons who happen to live in other States.happen to live in other States. (Each state must recognize the right of (Each state must recognize the right of

any American to travel in or become a any American to travel in or become a resident of another State)resident of another State)

McCulloch vs. Maryland McCulloch vs. Maryland (1819)(1819)

Background: Background: 1816 – Congress chartered the 21816 – Congress chartered the 2ndnd National Bank National Bank ( one branch in Baltimore)( one branch in Baltimore)1818 – Maryland passed a “stamp tax”1818 – Maryland passed a “stamp tax”

Tax on paper used by National Bank Tax on paper used by National Bank Use specialty paper or fined.Use specialty paper or fined.

James McCulloch – cashier, refused to use paper or James McCulloch – cashier, refused to use paper or pay fine. pay fine.

Maryland took to court, McCulloch lostMaryland took to court, McCulloch lost Appealed to Supreme Court, McCulloch wonAppealed to Supreme Court, McCulloch won

McCulloch vs. Maryland McCulloch vs. Maryland cont.cont.

Issue: Issue: Does any state have the right to tax an Does any state have the right to tax an

agency of the US Government? agency of the US Government? Does Congress have the right to Does Congress have the right to

establish a national bank?establish a national bank?

McCulloch vs. Maryland McCulloch vs. Maryland cont.cont.

Debate: Debate: Maryland felt they could tax national Maryland felt they could tax national

bank because Constitution didn’t bank because Constitution didn’t specifically prohibit it.specifically prohibit it.

McCulloch said no – goes against Supremacy McCulloch said no – goes against Supremacy ClauseClause

Can US have a national bank and place Can US have a national bank and place it in the states without approval? it in the states without approval?

McCulloch said yes – “implied powers”McCulloch said yes – “implied powers”

McCulloch vs. Maryland McCulloch vs. Maryland cont.cont.

Decision Decision Unanimous for McCulloch – states can’t Unanimous for McCulloch – states can’t

tax the national governmenttax the national government Congress can create a national bank – Congress can create a national bank –

“implied powers”“implied powers”

Significance - Federal law Significance - Federal law superseded state law. superseded state law.