FEDERALISM

WHY FEDERALISM?• THE FRAMERS NEEDED TO CREATE A STRONG CENTRAL GOVERNMENT WHILE

PROTECTING CITIZENS’ FREEDOMS AND ALLOWING THE STATES TO RETAIN SOME POWERS.• THE CONSTITUTION WAS BASED ON A FEDERAL MODEL FOR DIVIDING AND SHARING

POWER AMONG DIFFERENT LEVELS OF GOVERNMENT.• DISAGREEMENT CONTINUES OVER THE RIGHT FORMULA FOR DIVIDING AND SHARING

THIS POWER (DIFFERING INTERPRETATIONS/POLITICAL PARTIES/VIEWS)• FEDERALISM – SYSTEM OF GOVERNMENT IN WHICH TOW OR MORE GOVERNMENTS

EXERCISE POWER OVER THE SAME PEOPLE AND THE SAME TERRITORY

FEDERALISM IN THE CONSTITUTION• EXPRESSED POWERS ARE STATED IN THE CONSTITUTION, AND IMPLIED

POWERS ARE NOT STATED BUT FORM THE BASIS FOR CARRYING OUT STATED POWERS.• DELEGATED POWERS – POWERS THAT THE CONSTITUTION GRANTS TO THE

NATIONAL GOVERNMENT• POWERS NOT GIVEN TO THE NATIONAL GOVERNMENT ARE RESERVED FOR

THE STATES.• CONCURRENT POWERS ARE SHARED BY THE FEDERAL GOVERNMENT AND

THE STATES. • TAX, MAINTAIN COURTS, DEFINE CRIMES, TAKE PRIVATE PROPERTY FOR PUBLIC

USE

FEDERALISM IN THE CONSTITUTION• THE CONSTITUTION SPECIFICALLY DENIES SOME POWERS TO ALL LEVELS OF

GOVERNMENT.• UNDER THE SUPREMACY CLAUSE, STATE AND LOCAL LAWS MAY NOT

CONFLICT WITH THE U.S. CONSTITUTION.• CONSTITUTION, LAWS PASSED BY CONGRESS AND TREATIES OF THE UNITED

STATES ARE THE “SUPREME LAW OF THE LAND”

• CONSTITUTION GIVES THE NATIONAL GOVERNMENT SPECIFIED POWERS, RESERVING ALL OTHERS TO THE STATES

GUARANTEES TO AND OBLIGATIONS OF THE STATES

• THE RELATIONSHIPS BETWEEN LEVELS OF GOVERNMENT HAVE DEVELOPED THROUGH CONFLICT, COMPROMISE, AND COOPERATION. • THE NATIONAL GOVERNMENT MUST GUARANTEE EACH STATE A REPUBLICAN

FORM OF GOVERNMENT, PROTECTION, AND AID IN EMERGENCIES.• GOVERNMENT WHERE VOTERS HOLD SOVEREIGN POWER AND ELECTED

OFFICIALS ARE RESPONSIBLE TO THE PEOPLE WHO EXERCISE THAT POWER

GUARANTEES TO AND OBLIGATIONS OF THE STATES• CONGRESS IS RESPONSIBLE FOR RESPECTING THE TERRITORIAL INTEGRITY

OF EACH STATE AND FOR THE ADMISSION OF NEW STATES.• ENABLING ACT – ACT THAT ALLOWS THE PEOPLE OF A TERRITORY INTERESTED IN

BECOMING A STATE TO PREPARE A CONSTITUTION

• STATES HAVE RESPONSIBILITIES IN CONDUCTING ELECTIONS AND IN AMENDING THE CONSTITUTION.

FEDERAL AIDE AND MANDATES• FEDERAL AID IS GRANTED TO STATE AND LOCAL GOVERNMENTS THAT ARE

WILLING TO MEET CERTAIN CONDITIONS.• FEDERAL GRANT – A SUM OF MONEY GIVEN TO A STATE OR LOCAL GOVERNMENT

FOR A SPECIFIC PURPOSE

• MANDATES REQUIRE STATES TO MEET NATIONAL STANDARDS IN SOME STATE FUNCTIONS.• A RESTRAINT LIMITS THE ABILITY OF A STATE TO REGULATE AN AREA. • A PREEMPTION ALLOWS THE NATIONAL GOVERNMENT TO ASSUME

RESPONSIBILITY FOR A STATE FUNCTION.

CONFLICTS• THE FEDERAL COURT SYSTEM SETTLES DISPUTES BETWEEN NATIONAL AND

STATE GOVERNMENTS.• MCCULLOCH V. MARYLAND ESTABLISHED THE NATIONAL GOVERNMENT’S

SUPREMACY IN CONFLICTS WITH STATE GOVERNMENTS.• MANY SUPREME COURT RULINGS HAVE ADDRESSED THE DIVISION OF POWER

BETWEEN STATE AND NATIONAL GOVERNMENTS.

STATE POWERS• STATES REGULATE CORPORATIONS WITHIN THEIR BORDERS AND PROMOTE THOSE BUSINESSES.• PROTECTING LIFE AND PROPERTY IS THE PRIMARY DUTY OF STATE AND LOCAL GOVERNMENTS.• EDUCATION, HEALTH, AND WELFARE ACCOUNT FOR THE LARGEST PORTION OF STATE SPENDING.• STATES FINANCE ABOUT HALF, FEDERAL GOVERNMENT ABOUT 10%, AND LOCAL DISTRICTS THE

REMAINDER

• STATES TRY TO PRESERVE THEIR NATURAL RESOURCES BY REGULATING AIR AND WATER POLLUTION.• FEDERALISM GIVES A LOT OF FREEDOM TO EACH STATE, SO THERE ARE IMPORTANT

DIFFERENCES AMONG STATES.

RELATIONS AMONG STATES• STATES MUST HONOR OTHER STATES’ LAWS AND COURT ORDERS, EVEN IF THEIR OWN

LAWS ARE DIFFERENT.• EXTRADITE – TO RETURN A FUGITIVE WHO FLEES ACROSS STATE LINES BACK TO THE ORIGINAL

STATE

• STATES MUST GIVE THE SAME FUNDAMENTAL RIGHTS TO PEOPLE FROM OTHER STATES THAT THEY GIVE THEIR OWN CITIZENS.• STATES USUALLY SETTLE DISAGREEMENTS BY MAKING INTERSTATE COMPACTS.• WRITTEN AGREEMENT BETWEEN TWO OR MORE STATES

• THE U.S. SUPREME COURT IS THE ONLY COURT WHERE ONE STATE CAN SUE ANOTHER.

FEDERALISM AND PUBLIC POLICY• THE BALANCE OF POWER BETWEEN THE NATIONAL GOVERNMENT AND THE

STATES EVOLVES IN RESPONSE TO NEW ISSUES.• THE DEVELOPMENT AND TESTING OF NEW POLICIES CAN HAPPEN AT STATE

AND LOCAL LEVELS.• SOMETIMES PUBLIC POLICY IS CREATED AT THE NATIONAL LEVEL AND STATES

FOLLOW.• THE STATED COURSE OF ACTION THE GOVERNMENT TAKES TO ADDRESS

PROBLEMS OR ISSUES

• A BROAD INTERPRETATION OF THE TERM COMMERCE HAS EXPANDED THE POWER OF THE NATIONAL GOVERNMENT TO REGULATE INTERSTATE COMMERCE.

FEDERALISM AND PUBLIC POLICY• EXAMPLES OF STATES OR THE FEDERAL GOVERNMENT TAKING THE LEAD IN

MAKING PUBLIC POLICY:• GEORGIA ALLOWING 18 YEAR OLDS TO VOTE, CALIFORNIA PASSING AIR

POLLUTION LAWS, VOTING RIGHTS ACT OF 1964

• EASIER TO INFLUENCE PUBLIC POLICY AT LOCAL LEVEL BECAUSE LOCAL GOVERNMENT IS CLOSER TO THE PEOPLE AND BETTER REFLECT THE UNIQUE NEEDS AND WISHES OF THEIR RESIDENTS

FEDERALISM AND POLITICAL PARTIES• RIVAL POLITICAL PARTIES ARE A KEY ELEMENT OF DEMOCRACY.• SUPPORTERS OF STRONGER STATE AND LOCAL GOVERNMENTS BELIEVE

THESE GOVERNMENTS ARE BETTER ABLE TO MEET PEOPLE’S NEEDS.• SUPPORTERS OF A STRONG NATIONAL GOVERNMENT BELIEVE THAT THE

NATIONAL GOVERNMENT IS BETTER EQUIPPED TO DEAL WITH MAJOR SOCIAL AND ECONOMIC PROBLEMS.

FEDERALISM AND POLITICAL PARTICIPATION• FEDERALISM INCREASES OPPORTUNITIES FOR AMERICAN CITIZENS TO

PARTICIPATE IN POLITICS. • AMERICANS HAVE THE CHANCE TO VOTE REGULARLY FOR A VARIETY OF

GOVERNMENT OFFICIALS AND ISSUES.• CITIZENS CAN CONTACT GOVERNMENT OFFICIALS ON ALL LEVELS AND

AFFECT PUBLIC POLICY.• CITIZENS MAY ALSO WORK WITH SPECIAL INTEREST GROUPS TO AFFECT

GOVERNMENT POLICIES AND AGENCIES.