Chapter 6Chapter 6

American FederalismAmerican Federalism

FederalismFederalism

Constitutional divisions of power between Constitutional divisions of power between the national government and states the national government and states governmentsgovernments

Reasons for Federal System in Reasons for Federal System in U.S.U.S.

Other systems were not ideal:Other systems were not ideal:– Unitary – too strong; similar to BritainUnitary – too strong; similar to Britain– Confederal – too weak; similar to ArticlesConfederal – too weak; similar to Articles

Allows for differences among the States:Allows for differences among the States:– Unity, but not uniformityUnity, but not uniformity– More suitable for geographically large nationMore suitable for geographically large nation– More suitable for heterogeneous peopleMore suitable for heterogeneous people

National PowersNational Powers

Three categories of delegated powersThree categories of delegated powers– Expressed (enumerated)Expressed (enumerated)

The Congress shall have power . . . to raise and The Congress shall have power . . . to raise and support armies . . . provide and maintain navysupport armies . . . provide and maintain navy

– ImpliedImplied . . . provide and maintain an air force. . . provide and maintain an air force

– Inherent Inherent Border controlBorder control

State PowersState Powers

The 10The 10thth Amendment Amendment– Reserved Powers Reserved Powers

Police PowersPolice Powers– HealthHealth– SafetySafety– MoralsMorals– General WelfareGeneral Welfare

Concurrent PowersConcurrent Powers

Granted to congress, but not denied to the Granted to congress, but not denied to the states states – TaxingTaxing– BorrowingBorrowing– Establishing law enforcement agenciesEstablishing law enforcement agencies

Obligations of State GovernmentsObligations of State Governments

Article IVArticle IV– Full Faith and Credit ClauseFull Faith and Credit Clause

Must honor public acts, records and legal proceedings of Must honor public acts, records and legal proceedings of other statesother states

– i.e. birth/marriage/death certificates and debtsi.e. birth/marriage/death certificates and debts

– Privileges and Immunities ClausePrivileges and Immunities ClauseMust grant the same rights and privileges to citizens of Must grant the same rights and privileges to citizens of others states as they do their ownothers states as they do their own

– i.e. may not discriminate a citizen from another statei.e. may not discriminate a citizen from another state

– ExtraditionExtraditionGovernors must return suspects to the states in which they Governors must return suspects to the states in which they allegedly committed their crimeallegedly committed their crime

– Interstate CompactsInterstate CompactsRequires consent of congressRequires consent of congress