Federalism

Chapter 4

Federalism & the Division of Power• Federalism

– The division of powers between the national government and the state governments

– The Constitution established the federal system in the 10th Amendment

– Federalism allows local action in matters of local concern and national action in matters of wider concern.• Alaska may have laws dealing with

Moose in the streets• The United States has a minimum

voting age in national elections set at 18 (26th Amendment)

• The National Government is one of Delegated Powers– The expressed powers are

those powers that are clearly spelled out in the Constitution

– The implied powers are the powers reasonably implied by the ‘necessary and proper’ power given to Congress.

– The inherent powers are the powers that belong to the National Government because it is the national Government

• Powers Denied to the National Government– Expressly Denied• Example: There is NO tax on exports

– Denied by Silence of the Constitution• Example: Now power to create a national school system

– Some powers are denied because of the nature of the federal system• Example: National Government cannot tax the state

governments– Established with McCulloch v Maryland, 1819 – the Supreme

Court ruled that the Maryland could not tax the National Bank of the United States located within it’s state boarders because the ‘power to tax is the power to destroy’. This case upheld the Implied powers and the Supremacy Clause

• States are Governments of Reserved Powers– The Reserved Powers are the powers held by the

States in the federal system• Example: Marriage Laws

– They are those neither expressly given to the National Government nor denied to the States• Example: Licensing of Professionals

• Powers Denied to the States– Expressly Denied

• Example: States cannot make treaties with foreign nations

– Inherently Denied• States cannot tax the National Government

– Again, established with McCulloch v Maryland, 1819

• The Federal System and Local Governments– Government in the United States operates on two

levels• National• State

– All local units are subunits of the State• County• City

City of Woodstock

• Exclusive Powers– These are powers granted only to the National

Government• Example: Coining and Printing money

– The Exclusive Powers include most of the delegated powers

• Concurrent Powers– These powers are held by both the National and

State governments• Example: the power to tax

– Concurrent powers are exercised separately and simultaneously

• The Supreme Law of the Land– The Constitution stands above all other forms of

law– The Supreme Court is the umpire in the federal

system, deciding conflicts produced by the dual system of government

The National Government & the 50 States

• The Nation’s obligations to the States– Guarantee of a republican form of government– Protection against invasion and domestic violence

• Example: Sending in the National Guard after a natural disaster

• Respect for territorial integrity– The National Government is bound to recognize the

legal existence and physical boundaries of each state– No State can be deprived of equal representation in

the Senate without its consent.

• Admitting new states– Procedure• Area asks for admission• Congress passes an enabling act• Area writes state constitution• Area voters pass state constitution• Congress passes an act of admission• President signs the act of admission making it official

– Congress can set conditions for admission

• Cooperative Federalism/Grants-in-Aid– Project Grants are grants of money or other

resources from the National Government to States or other local governments and may be specified for specific purposes and may be limited if certain conditions are not met.• Example: Using stimulus money to repair streets and roads

– Block Grants are federal grants to states or other local governments with broadly defined purposes and with few conditions• Example: Preventative Health and Health Services

• Revenue Sharing was a program in place from 1972 under President Nixon until 1987 under President Reagan. It had virtually no strings attached and was simply money shared with the States or local governments

• Lulu Payments are payments the National Governments make to state and local governments in lieu of tax money that cannot be collected– Kennesaw Mountain National Park/property taxes

• State aid to the national government occurs in instances where States help the national Government, as when State or local law enforcement agencies hold prisoners wanted for violating national laws.

Interstate Relations

• Interstate Compacts– These are state agreements with other states or

foreign nations• Example: GA, FL, and AL have an interstate compact on

water usage from the Chattahoochee River• New York and Canada have an interstate compact on

the use and care of Niagara Falls.

– There are approximately 200+ interstate compacts in force today.

• Full Faith and Credit– States must honor one another’s public acts,

public records, and judicial proceedings.• Example: Marriage licenses and birth certificates

– Exceptions: The Full Faith and Credit Clause only applies to civil, not criminal matters

• Extradition– The legal process where a fugitive from one state

is hiding in another state. The state he’s hiding in is going to turn him back over the state that he’s wanted in.

– Governors used to sometimes refuse to return fugitives to another state, but since 1987, the Supreme Court has held that unwilling governments must comply with an extradition order issued by a federal court.

• Privileges and Immunities– A resident of one state may not be discriminated

against unreasonably by another state.• Example: buying a house

– All citizens must obey the laws of all other States while in those States • Example: speed limits

– States can make reasonable distinctions against residents of other States• Example:

– higher hunting and fishing license fees for non-residents– Out-of-state tuition fees at colleges and universities