FederalismChapter 4

Federalism: Balance of Power1. Founders favored a stronger central government while preserving States

sovereignty.

2. Delegated Powers & National Supremacy

3. Reserved Powers & State Sovereignty

4. Concurrent Powers & National Supremacy

5. Local Governments

6. Article VI: National Supremacy

7. Representative Form of Republican government.

8. Admission of new States & Congressional Authority

9. Interstate Compacts & Cooperative Federalism

10. Article IV: Relations among States

11. Extradition & National Supremacy

Evolution of Federalism

Why Federalism?1. Founders feared a strong central government

1. Favored: Self-Government (Natural Rights)

2. Favored a Limited Government:

1. Gov’t poses a threat to individual liberty & State Sovereignty

2. Power must be restrained

3. To restrain gov’t—divided government (Separation of Powers & Checks & Balances)

1. Federal, State, Local: Article VI: National Supremacy

Federalism DefinedFederalism Defined

A written Constitution: A written Constitution: – Defines: Federal Powers: Defines: Federal Powers: Articles 1-18: Delegated Articles 1-18: Delegated

PowersPowers– Defines: State Powers: Defines: State Powers: 1010thth Amendment, State Amendment, State

SovereigntySovereignty– Defines: Individual Rights: Defines: Individual Rights: Bill of Rights & Delegated Bill of Rights & Delegated

PowersPowers DIVISION OF POWERS = FEDERALISMDIVISION OF POWERS = FEDERALISM

Dual System of Government: Constitutional Law-Federal & Dual System of Government: Constitutional Law-Federal & State Law. State Law.

Article I Section 8: Delegated Article I Section 8: Delegated PowersPowers

Delegated & Expressed PowersDelegated & Expressed Powers

18 Expressed Clauses of the National 18 Expressed Clauses of the National Congress with 27 Powers.Congress with 27 Powers.

Article II: Expressed Presidential PowersArticle II: Expressed Presidential Powers Article III: Expressed Judicial PowersArticle III: Expressed Judicial Powers Amendments to the ConstitutionAmendments to the Constitution

Implied PowersImplied Powers

1.1. The Constitution has been The Constitution has been ““stretchedstretched””..

2.2. Elastic Clause: Necessary and Proper Elastic Clause: Necessary and Proper Clause: Clause:

1.1. Article I, sect. 8 clause 18Article I, sect. 8 clause 18

2. Powers NOT expressed or delegated to the 2. Powers NOT expressed or delegated to the federal government: “convenient & useful”federal government: “convenient & useful”

3. 43. 4thth branch of government: Bureaucracy branch of government: Bureaucracy stretches federal powersstretches federal powers

Implied Powers of the Federal Implied Powers of the Federal Government & Bill of RightsGovernment & Bill of Rights

Inherent PowersInherent Powers

Foreign Powers government possess in the Foreign Powers government possess in the international community (Implied)international community (Implied)

1. diplomacy (immigration, trade)1. diplomacy (immigration, trade) 2. rebellion, treason, deportation2. rebellion, treason, deportation 3. acquire territory3. acquire territory

Powers Denied to National Powers Denied to National GovernmentGovernment

1.1. Article I, section 9Article I, section 9

2.2. Article I, section 10Article I, section 10

3.3. Bill of RightsBill of Rights

4.4. Constitutional AmendmentsConstitutional Amendments

5.5. ExamplesExamples: Marriage, Public Schools, : Marriage, Public Schools, Divorce, certain types of taxes, state Divorce, certain types of taxes, state citizenship.citizenship.

Marriage is not a Federal PowerMarriage is not a Federal Power1010thth amendment & Federalism amendment & Federalism

The StatesThe States

1010thth Amendment Amendment: Reserved Powers. “All Powers not : Reserved Powers. “All Powers not delegated to the United States by the Constitution, nor delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, or prohibited by it to the States, are reserved to the States, or the people”.the people”.

Article I, section 10: Powers denied to StatesArticle I, section 10: Powers denied to States

1.1. International treaty, print or coin money, due process of International treaty, print or coin money, due process of national citizenship.national citizenship.

Concurrent PowersConcurrent Powers

1.1. Powers not exclusive or delegated to the Powers not exclusive or delegated to the national government are considered national government are considered concurrent powers: Shared powers. concurrent powers: Shared powers.

1.1. Levy taxesLevy taxes

2.2. Borrow moneyBorrow money

3.3. Establish courtsEstablish courts

4.4. Punish criminalsPunish criminals

5.5. Eminent domainEminent domain

Local GovernmentsLocal Governments

Dual Government & FederalismDual Government & Federalism NotNot: Federal –State-Local (Misleading): Federal –State-Local (Misleading) 87,000+ local governments in the U.S.87,000+ local governments in the U.S. Local governments are parts, subunits of Local governments are parts, subunits of

state governmentsstate governments All powers come from the StateAll powers come from the State

Detroit Bankruptcy & No Federal Detroit Bankruptcy & No Federal BailoutBailout

Constitutional SupremacyConstitutional Supremacy

Article VI: Constitutional Supremacy: The Article VI: Constitutional Supremacy: The Constitution is the Supreme Law of the LandConstitution is the Supreme Law of the Land1.1. Constitutional LawConstitutional Law

1.1. 7 Articles7 Articles

2.2. 27 Amendments27 Amendments

2.2. Federal & State LawFederal & State Law

3.3. Local & County LawsLocal & County Laws

4.4. Federations, Commissions, etc..Federations, Commissions, etc..

Supreme Court & FederalismSupreme Court & Federalism

1819: McCulloch vs. Maryland1819: McCulloch vs. Maryland– 22ndnd Bank of the U.S. : Maryland imposes a state Bank of the U.S. : Maryland imposes a state

taxtax

Maryland’s opposition to a Maryland’s opposition to a National Bank: A. Jackson?National Bank: A. Jackson?

Republican Form of GovernmentRepublican Form of Government

A Representative form of governmentA Representative form of government

ReconstructionReconstruction: (1865-1877): A Republican : (1865-1877): A Republican form of government denied. form of government denied.

2008 & 20122008 & 2012: California voters deny same-: California voters deny same-sex marriage. 2013 Supreme Court sex marriage. 2013 Supreme Court overturns voters.overturns voters.

State & Popular Sovereignty State & Popular Sovereignty Denied: Republican Form of GovtDenied: Republican Form of Govt

Invasion & DisorderInvasion & Disorder

1.1. 1967: Detroit Race Riots1967: Detroit Race Riots

2.2. 1968: Chicago & Baltimore Race Riots1968: Chicago & Baltimore Race Riots

3.3. 1957: Little Rock Arkansas1957: Little Rock Arkansas

4. 1933: Bonus Army March4. 1933: Bonus Army March

5. 1963: University of Alabama & Governor 5. 1963: University of Alabama & Governor WallaceWallace

6. 1992: Ruby Ridge Incident6. 1992: Ruby Ridge Incident

7. 1993: Waco Military Assault7. 1993: Waco Military Assault

Admitting New StatesAdmitting New States

Admission Procedure: Admission Procedure: – Enabling ActEnabling Act: State (people) request : State (people) request

admission, state constitution formed, convention admission, state constitution formed, convention and popular vote.and popular vote.

– Annexation: (Forced Statehood)Annexation: (Forced Statehood) Republic of TexasRepublic of Texas HawaiiHawaii

Cooperative FederalismCooperative Federalism

Cooperative FederalismCooperative Federalism

1.1. Federal Grants in Aid Federal Grants in Aid for state for state sovereignty and individual rights: sovereignty and individual rights:

1.1. Morrill Act of 1862: Land grants for moneyMorrill Act of 1862: Land grants for money

2.2. New Deal: New Deal:

3.3. Affordable Care ActAffordable Care Act

4.4. Interstate Highway ConstructionInterstate Highway Construction

2.2. Texas Secession vs. Alabama SecessionTexas Secession vs. Alabama Secession1.1. Why could Texas secede but not Alabama?Why could Texas secede but not Alabama?

Revenue SharingRevenue Sharing

Ronald Reagan and Ronald Reagan and Block Grant Block Grant FundingFunding– Federal Money given to the states with federal Federal Money given to the states with federal

mandates or strings attached. mandates or strings attached.

Types of Federal Grants: Types of Federal Grants: – Categorical GrantsCategorical Grants: School lunches, TSA, : School lunches, TSA,

welfare programs. Strings attached to the welfare programs. Strings attached to the money.money.

– Project GrantsProject Grants: Medicine, Global Warming, : Medicine, Global Warming, etc..etc..

Federal Grant $ and Strings Federal Grant $ and Strings (laws)(laws)

Interstate RelationsInterstate Relations

Interstate RelationsInterstate Relations

Full Faith & Credit Clause: Full Faith & Credit Clause: – Homosexual Marriage, Gun Laws, Drug Laws, Homosexual Marriage, Gun Laws, Drug Laws,

Driving eligibility, etc…Driving eligibility, etc…– What is the role of the federal government in What is the role of the federal government in

these matters?these matters? Williams vs. North Carolina: 1945: Nevada marriage Williams vs. North Carolina: 1945: Nevada marriage

not recognized by North Carolina. Convicted of not recognized by North Carolina. Convicted of bigamous cohabitationbigamous cohabitation

North Carolina law upheld by Supreme CourtNorth Carolina law upheld by Supreme Court

Interstate CompactsInterstate Compacts

ExtraditionExtradition: fugitive returned to state where : fugitive returned to state where crime is committed. crime is committed. – Kentucky vs. Dennison 1861: Constitution did Kentucky vs. Dennison 1861: Constitution did

not federal government power to compel a not federal government power to compel a governor to act in an extradition case.governor to act in an extradition case.

– Puerto Rico vs. Branstad 1987: precedent Puerto Rico vs. Branstad 1987: precedent changed by the courts to order a governor to act changed by the courts to order a governor to act on extradition cases. on extradition cases.

Interstate CompactsInterstate Compacts

Privileges and ImmunitiesPrivileges and Immunities: : – Residency laws: Residency laws: – Professional certificates: medicine, law, Professional certificates: medicine, law,

teaching, dentistry, etc..teaching, dentistry, etc..– Licensing fees: hunting, fishing, in-state tuitionLicensing fees: hunting, fishing, in-state tuition

Texas Independence & Interstate Texas Independence & Interstate CompactsCompacts