Chapter 4 Federalism. Section 1—Federalism: The Division of Power Objectives: Objectives:...

Chapter 4Chapter 4FederalismFederalism

Section 1—Federalism: The Section 1—Federalism: The Division of PowerDivision of Power• Objectives:Objectives:

– Define federalism and explain why the Framers Define federalism and explain why the Framers chose this system of government.chose this system of government.

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

– Understand that the National Government Understand that the National Government holds exclusive powers; it also holds holds exclusive powers; it also holds concurrent powers with the States.concurrent powers with the States.

– Explain the place of local governments in the Explain the place of local governments in the federal system.federal system.

– Examine how the Constitution functions as “the Examine how the Constitution functions as “the supreme Law of the Land.”supreme Law of the Land.”

Section 1—Federalism: The Section 1—Federalism: The Division of PowerDivision of Power

• Why It Matters:Why It Matters:– The federal system divides government The federal system divides government

power in order to prevent its abuse. power in order to prevent its abuse. There are two basic levels of There are two basic levels of government in the federal system---government in the federal system---National and State. The Supreme Court National and State. The Supreme Court settles disputes between the two.settles disputes between the two.


• Political Dictionary:Political Dictionary:– FederalismFederalism– Division of powersDivision of powers– Delegated powersDelegated powers– Expressed powersExpressed powers– Implied powersImplied powers– Inherent powersInherent powers– Reserved powersReserved powers– Exclusive powersExclusive powers– Concurrent powersConcurrent powers


• Why Federalism?Why Federalism?– How to create a strong government, yet How to create a strong government, yet

protect the rights of the States.protect the rights of the States.– Articles of Confederation were too weak.Articles of Confederation were too weak.– Hate for the British strong central Hate for the British strong central

government.government.– The Framers were convinced:The Framers were convinced:

•Government must pose no threat to Government must pose no threat to individual liberty.individual liberty.

•Governmental power must be restrained.Governmental power must be restrained.•Divided power curbs and prevents abuse.Divided power curbs and prevents abuse.

Formative AssessmentFormative Assessment• All of the following are reasons for having a All of the following are reasons for having a

federal system of government EXCEPT:federal system of government EXCEPT:

• A. the need for a strong national A. the need for a strong national government while guaranteeing the states’ government while guaranteeing the states’ their rights.their rights.

• B. the weaknesses of the Articles of B. the weaknesses of the Articles of Confederation.Confederation.

• C. the desire to create a government as C. the desire to create a government as strong as the British empire’s government. strong as the British empire’s government.


• Federalism Defined:Federalism Defined:– Division of powers between a National Division of powers between a National

Government and various State Government and various State governments.governments.

– Dual system with areas of authority.Dual system with areas of authority.– Preserves local character of laws.Preserves local character of laws.

•Liquor, gasoline, voter registration, sales tax, Liquor, gasoline, voter registration, sales tax, income tax, drivers licenses, unicameral, etc.income tax, drivers licenses, unicameral, etc.

– Big matters like national defense and Big matters like national defense and natural disasters can be handled nationally.natural disasters can be handled nationally.


• Powers of the National Government.Powers of the National Government.– Delegated Powers—those granted to the Delegated Powers—those granted to the

National Government by the Constitution.National Government by the Constitution.– Expressed Powers—spelled out in words.Expressed Powers—spelled out in words.

•18 clauses, 27 powers—Article I, section 8.18 clauses, 27 powers—Article I, section 8.

– Implied Powers—not spelled out but Implied Powers—not spelled out but reasonably suggested.reasonably suggested.•““Necessary and Proper” ClauseNecessary and Proper” Clause•Convenient and Useful—Elastic ClauseConvenient and Useful—Elastic Clause

– Highways, interstate crime, racial discrimination, Highways, interstate crime, racial discrimination, interstate commerce.interstate commerce.


• Powers of the National Government Powers of the National Government (cont.)(cont.)– The Inherent Powers—few in number, The Inherent Powers—few in number,

but usual and customary for national but usual and customary for national governments.governments.• Immigration, diplomatic affairs, protection Immigration, diplomatic affairs, protection

against rebellion, etc.against rebellion, etc.

Group AssignmentGroup AssignmentTake the tree map you have been given. Within your groups, complete itusing the titles Delegated Powers; Expressed Powers; Implied Powers; Inherent Powers; and then find examples of each to complete the chart.Refer to page 89 – 91 in your textbook.


• Powers Denied to the National Powers Denied to the National Government.Government.– By the Constitution itself:By the Constitution itself:– Powers to levy duties on exports between Powers to levy duties on exports between

states.states.– Prohibit freedom of religion, speech, press, Prohibit freedom of religion, speech, press,

or assembly.or assembly.– Conduct illegal searches or seizures.Conduct illegal searches or seizures.– Deny to any person accused of a crime a Deny to any person accused of a crime a

speedy and public trial or trial by jury.speedy and public trial or trial by jury.


• Powers Denied to the National Powers Denied to the National Government.Government.– By silence because all national powers By silence because all national powers

must be given expressly, implicitly, or must be given expressly, implicitly, or inherently.inherently.•Power to create a public school system.Power to create a public school system.•Enact uniform marriage and divorce laws.Enact uniform marriage and divorce laws.•Set up local units of government.Set up local units of government.

– Powers that would destroy the federal Powers that would destroy the federal system.system.•Taxation of States in doing their natural Taxation of States in doing their natural

functions.functions.

BrainstormBrainstormIn your groups, consider theIn your groups, consider the

following question: following question: If you were creating a student If you were creating a student government, would that government government, would that government be federal in form with power divided be federal in form with power divided between you and the administration between you and the administration for example? Why or why not?for example? Why or why not?


• The StatesThe States– Powers Reserved to the States.Powers Reserved to the States.

•Reserved Powers.Reserved Powers.– Can deal with marriage, liquor, pornography, Can deal with marriage, liquor, pornography,

prostitution, gambling, licensure of professionals, prostitution, gambling, licensure of professionals, drug trafficking, land use laws, regulation of drug trafficking, land use laws, regulation of utilitiesutilities

– Police powerPolice power– Section 2 of the 21Section 2 of the 21stst Amendment grants unlimited Amendment grants unlimited

power to regulate the manufacture, sale, and power to regulate the manufacture, sale, and consumption of alcoholic beverages.consumption of alcoholic beverages.


• The States (cont.)The States (cont.)– Powers Denied to the States.Powers Denied to the States.

•Treaties, alliances, or confederations.Treaties, alliances, or confederations.

•Print or coin money.Print or coin money.

•Deprive one of life, liberty, or property without Deprive one of life, liberty, or property without due process of law.due process of law.

• Inherently the States may not tax the Inherently the States may not tax the functions of the National Government.functions of the National Government.

•State Constitutions limit State Government State Constitutions limit State Government too.too.


• The Exclusive and the Concurrent The Exclusive and the Concurrent Powers.Powers.– Exclusive Powers:Exclusive Powers:

•Coin moneyCoin money•Make treatiesMake treaties•Lay duties (taxes) on importsLay duties (taxes) on imports•Regulate interstate commerceRegulate interstate commerce

– Concurrent Powers:Concurrent Powers:•TaxationTaxation•Define and punish crimesDefine and punish crimes•Condemn propertyCondemn property•Establish courtsEstablish courts

Group WorkGroup WorkIn your groups, complete the Venn In your groups, complete the Venn

diagram labeling the delegated diagram labeling the delegated powers of the National Government, powers of the National Government, the Concurrent Powers, and the the Concurrent Powers, and the Reserved Powers of the States. Reserved Powers of the States. Include examples. You may Include examples. You may reference p. 93 in your textbook for reference p. 93 in your textbook for examples and ideas.examples and ideas.

AssignmentAssignmentWe have just completed the study of We have just completed the study of concurrent powers. Both the State concurrent powers. Both the State governments and the Federal governments and the Federal Government have shared the power for Government have shared the power for defining educational standards and defining educational standards and obligations for all public school obligations for all public school systems. Conduct a survey of teachers, systems. Conduct a survey of teachers, administrators, parents, and students administrators, parents, and students to determine attitudes concerning the to determine attitudes concerning the adoption of a national curriculum. adoption of a national curriculum. Compile findings in a newsletter.Compile findings in a newsletter.


• The Supremacy ClauseThe Supremacy Clause– Article VI, Section 2---”the supreme Law Article VI, Section 2---”the supreme Law

of the Land.”of the Land.”– The Supreme Court and Federalism.The Supreme Court and Federalism.

•McCulloch v. Maryland—1819, involved the McCulloch v. Maryland—1819, involved the attempt of the Maryland legislature to tax attempt of the Maryland legislature to tax the Second Bank of the United States.the Second Bank of the United States.

•The Supreme Court is the “umpire” of the The Supreme Court is the “umpire” of the federal system.federal system.

Section 2—The National Section 2—The National Government and the 50 StatesGovernment and the 50 States

• Objectives:Objectives:– Summarize the obligations that the Summarize the obligations that the

Constitution places on the nation for the Constitution places on the nation for the benefit of the States.benefit of the States.

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

– Examine the many and growing areas of Examine the many and growing areas of cooperative federalismcooperative federalism


• Why It Matters:Why It Matters:– In this country, the power to govern is In this country, the power to govern is

shared by the National Government and shared by the National Government and each of the 50 States (including their each of the 50 States (including their thousands of local governments). Given thousands of local governments). Given this fact, conflicts are inevitable—and this fact, conflicts are inevitable—and cooperation is absolutely necessary.cooperation is absolutely necessary.


• Political Dictionary:Political Dictionary:– Enabling ActEnabling Act– Act of AdmissionAct of Admission– Grants-in-Aid ProgramGrants-in-Aid Program– Revenue SharingRevenue Sharing– Categorical GrantCategorical Grant– Block GrantBlock Grant– Project GrantProject Grant


• The Nation’s Obligations to the States The Nation’s Obligations to the States – Republican Form of GovernmentRepublican Form of Government– Invasion and Internal DisorderInvasion and Internal Disorder

•Occasionally used to protect against “Domestic Occasionally used to protect against “Domestic Violence.” Governor usually requests national Violence.” Governor usually requests national aid.aid.

– Race conflict of the 1960sRace conflict of the 1960s

– Respect for Territorial IntegrityRespect for Territorial Integrity


• Admitting New StatesAdmitting New States– No new state may be created by taking No new state may be created by taking

territory from another without their territory from another without their consent.consent.

– 37 added since the original 1337 added since the original 13•Territory requests to be a state.Territory requests to be a state.

•Enabling Act – Congress tells the people in a Enabling Act – Congress tells the people in a territory to prepare a State Constitution.territory to prepare a State Constitution.

•State Constitution prepared and put to a State Constitution prepared and put to a popular vote.popular vote.

•Act of Admission by Congress if it approves Act of Admission by Congress if it approves the State Constitution..the State Constitution..

Section 2—The National Section 2—The National Government and the 50 StatesGovernment and the 50 States• Cooperative FederalismCooperative Federalism

– Shared powersShared powers

• Federal Grants-in-Aid Federal Grants-in-Aid – grants of federal money or – grants of federal money or other resources to statesother resources to states

– Northwest Ordinance provision for education—1787Northwest Ordinance provision for education—1787– Morrill Act of 1862—to fund educationMorrill Act of 1862—to fund education– Education, low-income housing, local law Education, low-income housing, local law

enforcement, mental health, etc.enforcement, mental health, etc.– Grants total $275 billion or more – 25% of state Grants total $275 billion or more – 25% of state

and local budgetsand local budgets– Grants give the federal gov’t a voice in making Grants give the federal gov’t a voice in making

policy at the State and local levels.policy at the State and local levels.

• Revenue Sharing Revenue Sharing —1972-1987—few strings, only non-—1972-1987—few strings, only non-discrimination.discrimination.


Types of Federal GrantsTypes of Federal Grants•Categorical GrantsCategorical Grants

– School lunch, sometimes require matching.School lunch, sometimes require matching.– Conditions for receiving the money include using the Conditions for receiving the money include using the

money only for the specific purpose, matching the money only for the specific purpose, matching the contribution, creating an agency to administer the grant contribution, creating an agency to administer the grant and obeying the guidelines of the federal governmentand obeying the guidelines of the federal government

•Block Grants Block Grants ——broader than categorical grants; fewer broader than categorical grants; fewer strings attachedstrings attached

•Project Grants Project Grants ——for specific purposes and made to States, for specific purposes and made to States, local governments and private agencieslocal governments and private agencies

– Other Forms of Federal AidOther Forms of Federal Aid•FBI assistance, National GuardFBI assistance, National Guard

– State Aid to the National GovernmentState Aid to the National Government•Conduct elections, use jails, naturalizationConduct elections, use jails, naturalization

Section 2—The National Section 2—The National Government and the 50 Government and the 50 StatesStates

– State Aid to the National State Aid to the National GovernmentGovernment•Conduct elections – financed with State Conduct elections – financed with State

and local funds; regulated by State and local funds; regulated by State laws laws

•Use jails – house federal prisoners for a Use jails – house federal prisoners for a variety of reasonsvariety of reasons

•Naturalization – takes place in state, Naturalization – takes place in state, not federal courtsnot federal courts

Section 3—Interstate Section 3—Interstate RelationsRelations• Objectives:Objectives:

– Explain why States make interstate Explain why States make interstate compacts.compacts.

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

– Define Define extraditionextradition and explain its and explain its purpose.purpose.

– Discuss the purpose of the Privileges and Discuss the purpose of the Privileges and Immunities Clause.Immunities Clause.

Section 3—Interstate Section 3—Interstate RelationsRelations

• Why It MattersWhy It Matters– What if Texas citizens were not allowed What if Texas citizens were not allowed

to travel to Oklahoma, or needed a to travel to Oklahoma, or needed a special passport to do so? What if your special passport to do so? What if your North Carolina driver’s license were not North Carolina driver’s license were not valid when you drove through Ohio? valid when you drove through Ohio? Fortunately, several key provisions in Fortunately, several key provisions in the Constitution promote cooperation the Constitution promote cooperation between and among the States.between and among the States.


• Political Dictionary:Political Dictionary:– Interstate CompactInterstate Compact– Full Faith and Credit ClauseFull Faith and Credit Clause– ExtraditionExtradition– Privileges and Immunities ClausePrivileges and Immunities Clause


• Interstate CompactsInterstate Compacts– Must have the consent of CongressMust have the consent of Congress– More than 200 Compacts exist todayMore than 200 Compacts exist today

• Full Faith and CreditFull Faith and Credit– Applies only to civil, not criminal matters.Applies only to civil, not criminal matters.– Divorces may not be recognized.Divorces may not be recognized.

•Williams v. North CarolinaWilliams v. North Carolina– ““Intent” to be a resident was determinant.Intent” to be a resident was determinant.


• ExtraditionExtradition– MandatoryMandatory

• Privileges and ImmunitiesPrivileges and Immunities– Cannot favor residents over othersCannot favor residents over others– For some privileges residency can be a For some privileges residency can be a

required standard---voting, required standard---voting, hunting/fishing, out of state tuition, etc.hunting/fishing, out of state tuition, etc.

Chapter 4 Federalism. Section 1—Federalism: The Division of Power Objectives: Objectives:...

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