FEDERALISM

Federalism Section 4.1 The Division of Power between the Federal Government and the States 1First of all, what exactly is Federalism? Reasons for Federalism Why would the Framers choose Federalism?

Parliament to Articles of Confederation Problems with both!

Articles of Confederation too weak to deal with growing problems Parliaments too powerful Federalism was the easy medium! 3Strengths of Federalism

How does this photo illustrate federalism?How does this photo illustrate federalism? 5

State/Local tradition or IssueNew jersey, Oregon: Law forbids individuals from pumping their own gas! (Local tradition/issue) New Jersey banned self-service gasoline in 1949 after lobbying by service station owners. Proponents of the ban cite safety and jobs as reasons to keep the ban Likewise, the 1951 Oregon statute banning self-service gasoline lists seventeen different justifications, including the flammability of gas, the risk of crime from customers leaving their car, the toxic fumes emitted by gasoline, and the jobs created by requiring mini service 6

State/Local tradition or IssueNorth Dakota: The only state in the country that does not require their residents to register to vote!7

State/Local tradition or IssueNebraska and their Unicameral State Legislature 8 Delegated Powers Powers given to the Federal Government specifically granted in the ConstitutionAKA: Exclusive,Enumerated OR Expressed powers

Three types of delegated powers we will discuss Expressed, Implied, Inherent Delegated Powers1. Expressed Actually spelled out in the Constitution (enumerated) * Article I, Sec. 8: Powers to Congress *18 clauses, 27 total Article II, Sec. 2: Powers to President Powers also noted in various amendments EX) 16th

Examples of Expressed Powers(you tell me) Delegated Powers2. Implied Not specifically said, but implied through expressed powers Article I, Sec. 8: The Necessary and Proper clause

Examples of Implied Powers!!!

Taft-Hartley Act1947 Taft-Hartley Act: cut down on the power of unions significantly As a response to the rising union movement and Cold War hostilities, the bill could be seen as a response by business to the post-World War II labor upsurge of 1946. During the year after V-J Day, more than five million American workers were involved in strikes, which lasted on average four times longer than those during the war. The TaftHartley Act was seen as a means of demobilizing the labor movement by imposing limits on labor's ability to strike and by prohibiting radicals from their leadership

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How is this an example of an implied power??? NY Hydro-electric Power Dam: Navigable Rivers?!?! 15

How is this an example of an implied power??? Federal Aid Highway Act of 1956 The 1956 Highway Trust Fund, established by the Highway Revenue Act, mandated a three-cent-per-gallon tax, soon increased to 4.5cents. In 1993, the tax reached 18.4 cents per gallon where it remains 16

What does this mean?? Delegated Powers3. Inherent Powers that are naturally given to sovereign nations not already listedBECAUSE it is a government, it has THIS or THAT power

EX) BECAUSE I am a teacher, I have the power to do THIS

Examples!

How is this an example of an inherent power???

How is this an example of an inherent power???

How is this an example of an inherent power??? Powers DENIED to the Federal Government There are 3 ways that powers are denied to the Feds

1. Through silenceThe government only has power to do what the Constitution says! Powers DENIED to the Federal Government2. Denied through expression Suspension of Habeas Corpus (held w/o reason)

Lawmakers cannot pass Bills of Attainders (guilt w/o trial)

No titles of nobility

No Ex Post Facto Laws

Various Amendments... (1st, 4th and 6th)

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Habeas CorpusThe U.S. Constitution specifically includes the habeas procedure in the Suspension Clause(Clause 2), located in Article One, Section 9 This states that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it.Typically, habeas corpus proceedings are to determine whether the court which imposed sentence on the defendant had jurisdiction and authority to do so, or whether the defendant's sentence has expired

Suspension during the Civil War (Lincoln, 1861) Reconstruction (1871) Hawaii during WWII (1942)

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Bills of AttainderA law is considered a bill of attainder if it meets these 3 requirements: 1) Specifically identified the people to be punished; 2) Imposed punishment; and 3) Did so without benefit of judicial trial 26

Ex Post Facto LawsAdam Walsh Child Protection and Safety Act of 2006... imposes new registration requirements on convicted sex offenders, also applies to offenders whose crimes were committed before the law was enacted The U.S. Supreme Court ruled in Smith v. Doe (2003) that forcing sex offenders to register their whereabouts at regular intervals and the posting of personal information about them on the Internet does not violate the constitutional prohibition against ex post facto laws, because this does not constitute any kind of punishment

Domestic Violence Offender Gun Ban, where firearms prohibitions were imposed on those convicted of misdemeanor domestic violence offenses and subjects of restraining orders (which do not require a criminal conviction). These individuals can now be sentenced to up to 10 years in a federal prison for possession of a firearm, regardless of whether or not the weapon was legally possessed at the time the law was passed.

273. Denied through the existence of the Federal system 10th Amendment: The powers not delegated to the United States by the Constitution are reserved to the States respectively.

Powers DENIED to the Federal Government

Why could the Department of Education be considered controversial?

State Power Basis of State powers 10th Amendment: The powers not delegated to the United States by the Constitution are reserved to the States respectively. (Reserved Powers)

All but ONE of the states powers are from constitutional silence

State Power Only Expressed state power: regulation of manufacture, sale and consumption of alcohol! (21st Amendment)

Powers DENIED to the States Denied Expressively word for word!Examples?

Denied Inherently we have a federal system! Powers to BOTH? CONCURRENT Powers

Note: Cities and city governments exist because states allow them to States: Unitary form of government!

Judicial Branchs Role Remember the Supremacy Clause (Article 6)

The Courts serve as a referee between the 50 states and the Federal government Supremacy Clause in action