Chapter 4

FEDERALISM

• The U.S. Constitution was written by the framers to divide power geographically.

• Power would be divided between the National Government and the States.

• The U.S. Constitution divides government authority by giving the national government certain specified powers, and reserving other powers to the states or to the people.

• In addition, the national and state governments share some powers.

• Finally, the U.S. Constitution specifically denies some powers to each level of government.

FEDERALISM

• It is a form of government in which power is divided between a central government and several formerly independent regional (state & local) governments.

• For our purposes we are taking about the division federal and state governments.

• (Washington, D.C.→Montgomery)

FEDERALISM

• It’s major strength is to allow local action in local concerns and allow national action in areas of wider concern.

EXAMPLES

1. Legal gambling in Nevada, New Jersey, Mississippi

2. Busing private and public schoolchildren in New Jersey

3. Nebraska is the only state with an unicameral state legislature

4. State liquor stores in Alabama

FEDERALISM

• The chief advantage of federalism is that it allows and encourages local choice in many matters (roads, schools, communities) and also provides strength that comes from union (natural disasters, national defense, foreign affairs).

DIVISION OF POWERS

• Provisions by the U.S. Constitution that separates power between the national government and the states.

• This was implied in the U.S. Constitution and spelled out in the 10th Amendment.

DELEGATED POWERS

• Powers that are granted to the national government by the U.S. Constitution.

• There are 3 types of delegated powers:

1. Expressed Powers2. Implied Powers3. Inherent Powers

EXPRESSED POWERS

FOREIGN INVASION• An attack on 1 of the 50 states is an

attack on all of the United States.

• Example: If Alabama is attacked by Cuba then the U.S. government would look at the situation as all 50 states were being attacked.

DOMESTIC VIOLENCE• The state can request federal help

– Example: Race Riots of 1960’s

• If a federal law has been broken the President might send in forces to restore order even if the state objects.– Example: 1957 President Eisenhower to

integrate Central High School in Little Rock, Arkansas.

– Example: 1963 President Kennedy to integrate the University of Alabama.

TERRITORIAL INTEGRITY• The national government has the

obligation to respect the territorial integrity of each state.

• The national government cannot use territory that is part of an existing state to create a new state, unless the national government has permission from the legislature of the state involved.

GRANT-IN-AID• When federal land and money is

given to state (also local) governments.

• The money or land usually has “strings” attached to it.–Examples: Morrill Act (1862) gave land

to states for “land grant” universities.

• These have declined over last 4 Presidential administrations.

BLOCK GRANTS• Money given to states (also local)

governments that have more general purposes and fewer “strings” attached.

• These have increased over the last 4 Presidential administrations.

INTERSTATE COMPACTS• A written agreement between two or

more states.

• States can have agreements between each other if they are approved by Congress.–Examples: conservation, toll bridges,

pollution

• This is stated in Article IV, Section 1.

FULL FAITH AND CREDIT• Requirement that each state accept

and honor the validity of the public acts, records, and judicial proceedings of every other state.–Examples: birth certificates, deeds of

property, marriage certificates, automobile registrations.

• This does not include enforcing another state’s criminal laws.

2 EXCETPTIONS TO THE FULL FAITH AND CREDIT CLAUSE

1. Applies only to civil matters not criminal proceedings.

2. It is not gien to certain divorces.

Williams v. North Carolina (1945)

• The U.S. Supreme Court ruled that a Nevada divorce did not have to be recognized in North Carolina because the parties had not established legal resident in Nevada under North Carolina law.

• In order for a divorce to be granted you must be a bona fide resident of that state and intend to reside there permanently, or at least indefinitely.

EXTRADITION

• The legal procedure through which a person accused of a crime who has fled to another state is returned to the state where the crime took place.

• This is stated in Article IV, Section 2, Clause 2.

Kentucky v. Dennison (1861)

• The U.S. Supreme Court ruled that a governor cannot be forced to act in an extradition case.

• Refusal to extradite does happen but is not common.– Example: In 1978 Governor William Milliken

(MI) refused to return a lady to Alabama where she had been sentenced to 30 years for a bank robbery in 1942. She escaped and fled to Detroit in 1952.

Interstate Citizenship

• A citizen of one state will not be discriminated against unreasonably by another state.

• This is stated in Article IV, Section 2, Clause 1.– Examples: right to use courts, right to marry,

right to travel, right to own and sell property

ENABLING ACT

• Only the U.S. Congress has the power to admit new states to the Union.

• An enabling act is the first step in the admission procedure which, when passed by Congress and signed by the President, enables the people of a territory to prepare a constitution.

ACT OF ADMISSION

• An act approved by Congress in which a territory of the United States is admitted into the Union as a State.

• Each state enters the Union on an equal footing with each of the other states. Congress may impose restriction, but they may not be of a political nature.– Examples: 1896 Utah first had to outlaw polygamy,

1911 Arizona had to amend its state constitution regarding the recall of judges, 1803 Ohio could not tax any public lands sold by the U.S. government within its borders for five years

COYLE v. SMITH (1911)• Oklahoma was admitted as a state in 1907.

• Congress said its capital Guthrie must remain until 1913.

• In 1910 the state moved its state capital to Oklahoma City.

• The U.S. Supreme Court ruled that Congress may set conditions for admission, but they cannot compromise the independence of a state to manage its own internal affairs.