Chapter 4: Federalism Section 1. Copyright © Pearson Education, Inc.Slide 2 Chapter 4, Section 1...

Chapter 4: FederalismSection 1


Copyright © Pearson Education, Inc. Slide 2Chapter 4, Section 1

ObjectivesObjectives

1. Define federalism and explain why the Framers chose this system.

2. Identify powers delegated to and denied to the National Government, and powers reserved for and denied to the States.

3. Explain the difference between exclusive and concurrent powers.

4. Examine the Constitution as “the supreme Law of the Land.”


Key TermsKey Terms

• federalism: a system of government in which a written constitution divides power between a central government and several regional governments

• division of powers: assigning some powers to the federal government and others to the States

• delegated powers: powers granted by the Constitution

• expressed powers: powers specified clearly in the Constitution

• implied powers: powers not specifically mentioned, but suggested by the expressed powers


Key Terms, cont.Key Terms, cont.

• inherent powers: powers that belong to all independent national governments

• reserved powers: powers not given to the national government or denied to the States

• exclusive powers: powers that can only be used by the national government

• concurrent powers: powers shared by the national and State governments

• Supremacy Clause: the provision declaring the Constitution to be the supreme law of the land


IntroductionIntroduction

• How is power divided between the Federal Government and the States?

– Certain exclusive powers, such as the power to coin money, are exercised only by the federal government.

– Reserved powers, such as the power to establish public schools, are exercised only by the States.

– Concurrent powers, such as the power to tax, are shared by the States and the federal government.


FederalismFederalism

• The Framers believed that government power must be divided and limited so that it cannot threaten individual liberty.

• The Constitution divides power between the federal

government and the States through federalism.

– Federalism creates two basic levels of government that overlap.

– Each level has some powers denied to the other level.


Federalism, cont.Federalism, cont.

• Federalism allows local governments to handle local concerns while the national government deals with national issues.

– This gives each of the States some flexibility when dealing with challenges.

– Successful State programs, such as welfare reform, can influence national policies as well as policies in other States.

• Federalism also lets the nation respond in a united way to serious crises like war or natural disasters.


Expressed PowersExpressed Powers

• The congressional powers specified in the Constitution in Article I include the power to coin money, raise armed forces, and levy taxes.

• Other expressed powers are granted to the President in Article II and the Supreme Court in Article III.


Implied PowersImplied Powers

• Checkpoint: Why is the Necessary and Proper Clause sometimes referred to as the Elastic Clause?

– The Necessary and Proper Clause gives Congress the power to make all laws “necessary and proper” for carrying out its expressed powers, so it is said to stretch to cover many situations.

– Congress exercises many implied powers that are based upon its expressed powers. These implied powers include building the interstate highway system and banning racial discrimination in public places.


Inherent PowersInherent Powers

• Every national government has certain powers, called inherent powers. These inherent powers are not based on the Constitution.

• Inherent powers include acquiring territory, defending the nation, regulating immigration, and conducting diplomacy.


Denied PowersDenied Powers

• The Constitution denies certain powers to the federal government.

– Some powers are specifically denied, such as the power to prohibit freedom of religion, speech, press, or assembly.

– Other powers, like creating a national school system, are denied because they cannot be based on expressed powers.

– Finally, the national government cannot have powers that would undermine the existence of the federal system.


State Reserved PowersState Reserved Powers

• The 10th Amendment reserves to the States all powers not given to the federal government or denied to the States.

– These powers include the police power, which lets a State protect and promote public health, morals, safety, and general welfare.

– State and local governments use the huge scope of the reserved powers to perform many of their daily actions.


State Reserved Powers, cont.State Reserved Powers, cont.

• Issuing driver’s licenses is a power reserved to the States.– Most States require a

written, on-road, and vision test.

– The age at which teenagers can get a license and the rules new drivers must follow vary from State to State.


Powers Denied the StatesPowers Denied the States

• The Constitution specifically denies some powers to the States. – Some of these powers are also denied to the federal

government.– Other powers denied to the States are exclusive to

the federal government. For example, States cannot tax imports or coin money, but the federal government can.

• The States are denied some powers by the nature of the federal system.– No State can tax the federal government or regulate

interstate trade.


Concurrent PowersConcurrent Powers

• Concurrent powers are shared by the federal government and State governments. They allow the federal system to function.

• They include all powers not exclusive to the

national government or denied to the States.

– Local governments use these powers only with the permission of their State.


Sharing ResponsibilitySharing Responsibility

• Some powers are exercised by both levels of government, as you can see in the circle.– Why do both

levels of government have the power to establish law enforcement agencies?


Supreme LawSupreme Law

• The Constitution is the supreme law of the land, standing above all treaties and acts of Congress.– Below these federal laws come State laws.

• In a federal system, State and federal laws sometimes conflict.

• The Supreme Court settles conflicts between State and federal laws.– The Court can rule a State or federal law to be

unconstitutional.


Supreme Law, cont.Supreme Law, cont.

• In the 1819 case McCulloch v. Maryland, the Court ruled that when federal and State laws conflict, the federal law wins if it is constitutional.

• How does the disastrous result in this cartoon illustrate the Supremacy Clause?


ReviewReview

• Now that you have learned about how power is divided between the Federal Government and the States, go back and answer the Chapter Essential Question.– Is the federal system the best way to govern

the United States?



1. Summarize the obligations that the Constitution places on the National Government with regard to the States.

2. Explain the process for admitting new States to the Union.

3. Examine the many and growing areas of cooperative federalism.


Key TermsKey Terms

• enabling act: an act directing the people of a U.S. territory to frame a proposed State constitution

• act of admission: an act creating a new State

• grants-in-aid program: grants of federal money or other resources to the States and their cities, counties, and other local government units



• categorical grant: a grant made for a specific, well-defined purpose

• block grant: a grant given for a broadly defined purpose

• project grant: a grant made to States, local governments, or private agencies that apply for funds to carry out a project or provide training



• According to the Constitution, what must the National Government guarantee to each State?

– A republican form of government

– Protection from invasion and internal disorder

– Respect for territorial integrity


Guarantees and ProtectionsGuarantees and Protections

• The Constitution guarantees each State a republican form of government.– This guarantee is interpreted to mean that each

State must have a representative government.

• The Federal government must protect the States from invasions and domestic violence. – Federal force has rarely been used to restore

order inside a State, though it happened in the 1960s during the civil rights movement.


Other ProtectionsOther Protections

• Presidents normally send in troops by State request, but if national laws, functions, or property are endangered, they do not need to wait for a request.

• The national government must recognize the legal existence and physical borders of each State. – Each State must be represented in the U.S.

Congress.


Admitting New StatesAdmitting New States

• The Northwest Ordinance of 1787 set the rules for admitting new States. – It established the principle that U.S. territories could

become equal members of the nation once they had a high enough population.

• Only Congress can admit new States.– A new State cannot be made from the territory of any

existing States without their consent.



1. Explain why States make interstate compacts.

2. Understand the purpose of the Full Faith and Credit Clause.

3. Describe the Extradition Clause and explain its purpose.

4. Explain the purpose of the Privileges and Immunities Clause.


Key TermsKey Terms

• interstate compact: an agreement made between two States or between a State and a foreign government

• Full Faith and Credit Clause: the clause of the Constitution that says that each State will respect the laws, records, and court decisions of other States



• extradition: the legal process of returning a fugitive to a State

• Privileges and Immunities Clause: the clause in the Constitution that says that no State can make unreasonable distinctions between its own residents and those persons who live in another State



• How do the States work together to preserve the Union?

– State governments make interstate compacts.

– States offer full faith and credit to the laws, official records, and court rulings of other States.

– States extradite fugitives to other States.

– States respect the privileges and immunities of residents of other States.


Interstate CompactsInterstate Compacts

• States can enter agreements with other States and with foreign governments with the consent of Congress.

– The number of these agreements has increased over time.

– There are interstate agreements to share law enforcement data, counter global climate change, encourage cooperation between public universities, and coordinate the conservation of water and wildlife.


Interstate Compacts, cont.Interstate Compacts, cont.

• States also cooperate to manage shared resources and border areas.

– The States of Utah, Arizona, Colorado, and New Mexico meet at the “Four Corners.”


Full Faith and CreditFull Faith and Credit

• The Full Faith and Credit Clause of the Constitution requires each State to honor and enforce the laws, official documents, and court rulings of other States. – Documents issued in

one State—such as birth certificates—must be accepted in all States.


ExceptionsExceptions

• There are two key exceptions to the Full Faith and Credit Clause:

– It applies only to the civil laws of each State, not the criminal laws.

– If a person who does not live in a State is granted a divorce by that State, the State in which that person actually resides can refuse to recognize the divorce.


Marriage and DivorceMarriage and Divorce

• Only the State in which a couple has established residency can grant them a divorce.

• Same-sex marriages are outlawed by the federal government and 41 States.

– However, several States allow legal same-sex marriages or civil unions.

– The Defense of Marriage Act (DOMA) says that no State can be forced to recognize a same-sex marriage performed in another State.


Marriage and DivorceMarriage and Divorce

• The constitutionality of DOMA has not yet been decided.

• Interracial marriage was illegal in many States until the Supreme Court ruled in 1958 that such laws were unconstitutional.


ExtraditionExtradition

• The Constitution states that people charged with a crime in one State who flee to another State must be extradited—returned to the State where they were originally charged.

– Typically a State governor asks another State governor to return any captured fugitives. Such requests are usually upheld.

– If extradition is challenged, the federal government can order a governor to extradite a fugitive.


Privileges and ImmunitiesPrivileges and Immunities

• No State can make unreasonable distinctions between its residents and residents of another State.

– Each State must recognize the right of any American to travel in or become a resident of that State.

– Citizens can also marry, buy, own, rent, or sell property, and use the courts in any State, no matter where they live.


Privileges and Immunities, cont.Privileges and Immunities, cont.

• States can make reasonable distinctions between their residents and those of other States.

– People can be required to live in a State for certain period of time before they can vote, hold public office, or be licensed in certain professions.

– States can also charge higher fees to out-of-State hunters, fishers, or students attending a State’s public universities.


Privileges and Immunities, cont.Privileges and Immunities, cont.

• Checkpoint: Why might a State be restricted from making distinctions between its residents and those of another State?

– This could lead to unfair social or economic treatment of U.S. citizens, such as preferential hiring of in-State residents or lower welfare benefits for newly arrived residents.

– It could also cause conflict between States.


ReviewReview

• Now that you have learned about how the States work together to preserve the Union, go back and answer the Chapter Essential Question.– Is the federal system the best way to govern

the United States?

Chapter 4: Federalism Section 1. Copyright © Pearson Education, Inc.Slide 2 Chapter 4, Section 1...

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