Chapter 4: Chapter 4: FederalismFederalism

What is Federalism?What is Federalism?

Federalism is the way we divide Federalism is the way we divide 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 Limits Dividing the powers Limits GovernmentGovernment

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

Differences Between StatesDifferences Between States

In Oregon and New Jersey, it is In Oregon and New Jersey, it is illegal to pump your own gasillegal to pump your own gasIn Nevada, it is illegal to ride a In Nevada, it is illegal to ride a camel on state highwayscamel on state highwaysIn Texas, criminals are required to In Texas, criminals are required to inform their victims of the crime to inform their victims of the crime to be committed 24 hours in advance, be committed 24 hours in advance, either verbally or in writingeither verbally or in writing

Differences Between StatesDifferences Between States

In Massachusetts, it is illegal to go In Massachusetts, it is illegal to go to bed without taking a full bathto bed without taking a full bath

In Ohio, it is illegal to get fish drunkIn Ohio, it is illegal to get fish drunk

In California, it is illegal for a car In California, it is illegal for a car without a driver to exceed 60 miles without a driver to exceed 60 miles per hourper hour

Powers of the National Powers of the National GovernmentGovernment

Delegated Powers Delegated Powers - - The The national government has only the national government has only the powers that are powers that are delegateddelegated to it by to it by the Constitutionthe Constitution

Three types Three types of delegated of delegated powerspowers: : Expressed PowersExpressed Powers Implied PowersImplied Powers Inherent PowersInherent Powers

Expressed PowersExpressed Powers

Powers that are spelled out Powers that are spelled out in the Constitution very in the Constitution very specifically (expressly)specifically (expressly)

Also known as “enumerated Also known as “enumerated powers”powers”Most are found in Art. I, Sect. 8Most are found in Art. I, Sect. 8

Expressed Powers Expressed Powers (cont’d)(cont’d)

ExamplesExamples: : coin money, coin money, raise and maintain raise and maintain armed forces, declare armed forces, declare war, fix standards of war, fix standards of weights and measures…weights and measures…

Implied PowersImplied Powers

Powers of the national Powers of the national government which are not government which are not expressly stated in the expressly stated in the Constitution, but which are Constitution, but which are reasonably suggested (reasonably suggested (impliedimplied) ) by the expressed powersby the expressed powers

Necessary and Proper Clause!Necessary and Proper Clause! Article I, Section 8, Clause 18Article I, Section 8, Clause 18

Implied Powers Implied Powers (cont’d)(cont’d)

ExamplesExamples:: Building of damsBuilding of dams Building of the Interstate highway Building of the Interstate highway

systemsystem Criminalizing racial discriminationCriminalizing racial discrimination

Necessary and Proper has been Necessary and Proper has been interpreted to mean “convenient and interpreted to mean “convenient and useful,” so anything that the national useful,” so anything that the national government sees as convenient and government sees as convenient and useful might be made into federal law.useful might be made into federal law.

Inherent PowersInherent Powers

Powers not expressly stated Powers not expressly stated by the Constitution, but by the Constitution, but which belong to the United which belong to the United States government because States government because it is a sovereign state in the it is a sovereign state in the world communityworld community

Inherent Powers Inherent Powers (cont’d)(cont’d)

Examples:Examples: Regulate immigrationRegulate immigration Acquire territoryAcquire territory Protect nation against Protect nation against rebellion or other attempts to rebellion or other attempts to overthrow the nation by force overthrow the nation by force or violenceor violence

(There aren’t a lot of these.)(There aren’t a lot of these.)

Denied PowersDenied Powers(of the National (of the National

Government)Government)Levy duties (tax) exportsLevy duties (tax) exportsTake private property for public Take private property for public use without just compensation use without just compensation (Eminent Domain)(Eminent Domain)To deny rights that are found in To deny rights that are found in the Bill of Rights, such as freedom the Bill of Rights, such as freedom of speech, religion, press and of speech, religion, press and assemblyassemblyArticle I, Sect. 9=Denied Powers of Article I, Sect. 9=Denied Powers of CongressCongress

Denied PowersDenied Powers(not expressed) (not expressed)

Limited Government: The Limited Government: The government only has those powers government only has those powers which the people, through the which the people, through the Constitution, have given it, so Constitution, have given it, so anything else is denied.anything else is denied.

The power to make a national public The power to make a national public school systemschool system

The power to enact marriage and The power to enact marriage and divorce laws for the whole countrydivorce laws for the whole country

The power to set up local governmentThe power to set up local government

Powers of the StatesPowers of the States

Reserved PowersReserved Powers: Those : Those powers which the powers which the Constitution does not Constitution does not delegate (grant) to the delegate (grant) to the National Government, but National Government, but does not, at the same time, does not, at the same time, deny to the statesdeny to the states

Amendment 10!Amendment 10!

Reserved PowersReserved Powers

““The Powers not delegated to The Powers not delegated to the United States by the the United States by the Constitution, nor prohibited by it Constitution, nor prohibited by it to the States, are reserved to to the States, are reserved to the States respectively, or to the the States respectively, or to the people.”people.”

- 10- 10thth Amendment Amendment

Examples of Reserved Examples of Reserved PowersPowers

Drivers’ licenses Drivers’ licenses Marriage licenses Marriage licenses School system School system Enacting land use lawsEnacting land use lawsRegulating drinking ageRegulating drinking ageOutlawing gamblingOutlawing gambling (There are (There are tonstons of things the of things the

states have powers to do.)states have powers to do.)

Denied PowersDenied Powers(of State (of State

governments)governments)Expressly denied:Expressly denied:No entering into alliances, No entering into alliances, treaties, or a confederationtreaties, or a confederationNo printing or coining of moneyNo printing or coining of moneyNo depriving people of their rightsNo depriving people of their rights(Anything denied in the U.S. (Anything denied in the U.S. oror their state’s constitution)their state’s constitution)Inherently denied:Inherently denied:No taxing of the federal No taxing of the federal governmentgovernment

Exclusive vs. Concurrent Exclusive vs. Concurrent PowersPowers

Exclusive Powers Exclusive Powers – – Those which Those which are delegated to the National are delegated to the National GovernmentGovernment alone. alone. States States cannot exercise these powers.cannot exercise these powers.

Concurrent Powers Concurrent Powers – Those – Those which both the states and the which both the states and the national government can national government can exerciseexercise

Concurrent PowersConcurrent Powers

Examples:Examples: Levy and collect taxesLevy and collect taxes Borrow moneyBorrow money Establish courtsEstablish courts Define crimes and set Define crimes and set punishmentspunishments

Claim private property for Claim private property for public use (when there is just public use (when there is just compensation)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

Admitting New StatesAdmitting New States

11stst: : an area desiring to be a state an area desiring to be a state would ask Congress for admissionwould ask Congress for admission22ndnd: Congress chooses if and when to : Congress chooses if and when to pass an pass an enabling actenabling act33rdrd: a convention prepares the : a convention prepares the constitution, and put to a popular voteconstitution, and put to a popular vote4th4th: when it is passed by the people, it : when it is passed by the people, it is sent to Congressis sent to Congress55thth: if Congress approves it, they will : if Congress approves it, they will pass an pass an act ofact of admissionadmission, which the , which the President must sign for it to become a President must sign for it to become a state state

In Arizona , we had a rule that In Arizona , we had a rule that allowed people to remove judges allowed people to remove judges by voting – judicial recallby voting – judicial recallThe national government required The national government required that Arizona repeal the law before that Arizona repeal the law before becoming a statebecoming a stateBut, we’re tricky here in AZ…But, we’re tricky here in AZ…

ArizonaArizona

Arizona repealed the law as the Arizona repealed the law as the U.S. requested, and became a U.S. requested, and became a statestate

Our first official act of statehood –Our first official act of statehood – A constitutional amendment to A constitutional amendment to

add judicial recalladd judicial recall

ArizonaArizona

ClausesClauses

Full Faith and Credit ClauseFull Faith and Credit Clause ““Full Faith and Credit shall be given Full Faith and Credit shall be given

in each State to the public Acts, in each State to the public Acts, Records, and judicial Proceedings of Records, and judicial Proceedings of every other State.” –Art. I, Sect. 1every other State.” –Art. I, Sect. 1

Privileges and Immunities ClausePrivileges and Immunities Clause ““The Citizens of each State shall be The Citizens of each State shall be

entitled to all Privileges and entitled to all Privileges and Immunities of Citizens in several Immunities of Citizens in several States.” – Art. IV, Sect. 2States.” – Art. IV, Sect. 2

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

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!