Chapter 4: Chapter 4: FederalismFederalism

What is Federalism?What is Federalism?

Federalism is a system of dividing Federalism is a system of dividing power between the central power between the central national government, and the national government, and the regional state governmentsregional state governments

Why do we use a Federalist Why do we use a Federalist System?System?

Framers believed government Framers believed government was a threat to individual libertywas a threat to individual liberty

Government must therefore be Government must therefore be restrainedrestrained

Dividing the powers of Dividing the powers of government can limit itgovernment can limit it

Advantages of FederalismAdvantages of Federalism

Allows local action in matters of local concernAllows local action in matters of local concernAllows people to be more connected to Allows people to be more connected to policymaking at the local levelpolicymaking at the local levelCreates the chance to experiment with policies Creates the chance to experiment with policies in a small area before applying them everywherein a small area before applying them everywhere

Divisions of PowerDivisions of PowerThere are three kinds of power for There are three kinds of power for the national governmentthe national government Expressed – written directly in the Expressed – written directly in the

ConstitutionConstitution Implied – reasonably assumed Implied – reasonably assumed

from the expressed powersfrom the expressed powers Inherent – never mentioned in the Inherent – never mentioned in the

Constitution, but always used by Constitution, but always used by national governmentsnational governments

Divisions of PowerDivisions of Power

Reserved Powers – the powers Reserved Powers – the powers that are that are notnot given to the national given to the national government, and are thus government, and are thus reserved for the statesreserved for the states

Powers of GovernmentPowers of Government

Expressed Powers Expressed Powers (National)(National)

Print money Print money Regulate interstate Regulate interstate

(between states) and (between states) and international trade international trade

Make treaties and conduct Make treaties and conduct foreign policy foreign policy

Declare war Declare war Provide an army and navy Provide an army and navy Establish post offices Establish post offices Make laws necessary and Make laws necessary and

proper to carry out the proper to carry out the these powers these powers

Reserved Powers (State)Reserved Powers (State) Issue licenses Issue licenses Regulate intrastate (within Regulate intrastate (within

the state) businesses the state) businesses Conduct elections Conduct elections Establish local Establish local

governments governments Ratify amendments to the Ratify amendments to the

Constitution Constitution Take measures for public Take measures for public

health and safety health and safety May exert powers the May exert powers the

Constitution does not Constitution does not delegate to the national delegate to the national government or prohibit the government or prohibit the states from using states from using

Powers of GovernmentPowers of Government

Concurrent Powers (exercised by both national Concurrent Powers (exercised by both national and state government)and state government) Collect taxes Collect taxes Build roads Build roads Borrow money Borrow money Establish courts Establish courts Make and enforce laws Make and enforce laws Charter banks and corporations Charter banks and corporations Spend money for the general welfare Spend money for the general welfare Eminent Domain - Take private property for public Eminent Domain - Take private property for public

purposes, with just compensationpurposes, with just compensation

The Nation’s Obligations to the The Nation’s Obligations to the StatesStates

The national government is The national government is Constitutionally required to Constitutionally required to guarantee the following things for guarantee the following things for the states:the states: Republican form of government Republican form of government

– basically means a – basically means a representative governmentrepresentative government

The Nation’s Obligations to the The Nation’s Obligations to the StatesStates

Protection from Invasion and Protection from Invasion and Internal Disorder – federal Internal Disorder – federal government will use force when government will use force when the state can’t handle a problemthe state can’t handle a problem

Respect for Territorial Integrity – Respect for Territorial Integrity – it must legally acknowledge the it must legally acknowledge the existence and boundaries of the existence and boundaries of the statesstates

How to Admit New StatesHow to Admit New States

Congress has the power to admit Congress has the power to admit new states into the U.S.new states into the U.S.

Therefore, Congress gets to set Therefore, Congress gets to set rules for what states must do to rules for what states must do to get admittedget admitted

Cooperative FederalismCooperative Federalism

Sometimes, the state and national Sometimes, the state and national governments fight over powergovernments fight over power

There are also ways that they There are also ways that they help each otherhelp each other

Federal GrantsFederal GrantsGrant – money from the federal Grant – money from the federal government given to the statesgovernment given to the states This money helps the states run This money helps the states run

programs like education and programs like education and welfare without going brokewelfare without going broke

The federal government sets The federal government sets conditions for receiving the grant, conditions for receiving the grant, which gives it more influence over which gives it more influence over the statethe state

Types of GrantsTypes of Grants

Categorical Grant – money for a Categorical Grant – money for a specific, defined purposespecific, defined purposeBlock Grant – money for a broad Block Grant – money for a broad purpose, few strings attachedpurpose, few strings attachedProject Grant – money for Project Grant – money for programs like research or job programs like research or job training, could be given to training, could be given to universities or private businessesuniversities or private businesses

Other Help for the StatesOther Help for the States

FBI helps state and local policeFBI helps state and local police

Army helps National GuardArmy helps National Guard

Census Bureau’s data is free Census Bureau’s data is free research for the statesresearch for the states

And more!And more!

State help for the National State help for the National GovernmentGovernment

All elections are paid for and run All elections are paid for and run by the statesby the statesLocal police often catch the Local police often catch the criminals the FBI is searching forcriminals the FBI is searching forNaturalization takes place in state Naturalization takes place in state courtscourtsAnd more!And more!

Interstate RelationsInterstate Relations

Full Faith and CreditFull Faith and Credit

The “Full Faith and Credit” Clause The “Full Faith and Credit” Clause is found in Article IVis found in Article IV

It says that states must legally It says that states must legally recognize each others’ public recognize each others’ public acts, records, and judicial acts, records, and judicial proceedingsproceedings

Exceptions to Full Faith and CreditExceptions to Full Faith and Credit

Full Faith and Credit only applies to Full Faith and Credit only applies to Civil cases, not criminal cases!Civil cases, not criminal cases! States cannot punish someone on States cannot punish someone on

behalf of another statebehalf of another state

States do not have to recognize each States do not have to recognize each others’ divorces if the people were not others’ divorces if the people were not true residents of the state granting the true residents of the state granting the divorcedivorce

Other RequirementOther Requirement

Extradition – a fugitive from Extradition – a fugitive from justice who flees a state must be justice who flees a state must be returned to the state where he returned to the state where he committed the crimecommitted the crime

This prevents criminals from This prevents criminals from being able to escape being able to escape consequences of their actionsconsequences of their actions

Privileges and Immunities ClausePrivileges and Immunities Clause

States cannot draw distinctions States cannot draw distinctions between their residents and between their residents and citizens from other statescitizens from other states