Federalism and the Division of Power

Chapter 4

Federalism

• The amendment to the Constitution established the federal system.

• It allows for action in matters of local concern

• It allows for action in matters of national concern.

Delegated Powers of the National Government

• Expressed – clearly spelled out in the Constitution

• Implied – come from the necessary & proper clause

• Inherent - the “because I said so powers”

Powers DENIED to the National Government

• Expressly denied

• Denied by silence

I’m bound for Canada

so you can’t tax me

Georgia Peanut

Can’t establish a national school system

Can’t establish national marriage and divorce laws

• Denied due to the nature of the federal system

The national government cannot tax the state governments and vice versa.

Reserved Powers

These belong only to the state governments.

Setting marriage laws

Licensing professionals

Federal System & Local Governments

• The U.S. gov’t operates on two levels:

Washington, DCAtlanta, GA

Local units are subunits of the State

Exclusive Powers

Belong only to the National Government

Concurrent Powers

Held by the national and state governments

Eminent Domain

Supremacy Clause

The Constitution is the Supreme Law of the Land

New States• Ask for admission

• Congress passes an enabling act

• Area writes a state constitution

• Area voters vote on new state constitution

• Congress passes an act of admission

• President signs it so it becomes a law.

Cooperative Federalism

• Grants-in-aid– Categorical grants – meant to be used for a

specific, clearly defined purpose– Block grants – can be used on a

variety of projects

-- project grants –

used for projects

• Revenue Sharing – 1972-1987. The national gov’t just gave money to the states with no strings attached.

• Lulu Payments – given to the states in lieu of taxes they could not collect.

• State Aid to the National Gov’t

Interstate Relations

• Interstate Compacts – agreements between states or states and foreign countries.

NY

Canada

• Full Faith & Credit – states honor each others public acts, records, & judicial proceedings

• Extradition – returning criminals to the state where they are accused of a crime.

• Privileges and Immunities– Can’t discriminate unreasonably

– Must obey laws of state you’re in

– Can REASONABLY discriminate