Federalism

MacGruder’s American Government /Chapter 4

Reasons behind the federal system

Experience with English gov led framers to fear centralized (unitary) systems

Confederation system was ineffectiveRequired Compromise between

Unitary & Confederation Needed to strengthen the national

government while maintaining state’s rights

Decided to divide power equally between the state & national governments (federal system)

Federalism Defined

Federalism: A system of gov where a written

constitution divides power between a central & regional/state gov

Requirements of Federalism Division of Power: Each level must have

separate & distinct authority Each level must maintain own gov &

agencies Neither level can act alone to change the

structure/division

Powers of the National Government

Powers given to the national gov by the Constitution call the Delegated Powers

There are three types of Delegated Powers:

1. Expressed (Enumerated) Powers2. Implied Powers3. Inherent Powers

Expressed Powers

Expressed powers are the powers listed in the Constitution as belonging to the national government

Also known as Enumerated, because they are numbered

Primarily come from two areas: Article I/Section 8/Clauses 1-18 – Legislative

Powers▪ Examples: to coin money, levy & collect taxes, to

declare war, regulate foreign & interstate trade Article II/Section 2 – Executive Powers

▪ Examples: act as commander & chief of the military, grant pardons & reprieves, make treaties, appoint federal officials

Implied Powers

Implied Powers are defined as those powers not listed in the constitution but that are necessary to carrying out the expressed powers

Come from Article I/Section 8/Clause 18 Known as the Elastic Clause or Necessary &

Proper Clause Examples:

▪ Institute a draft▪ Regulate the air industry▪ Create a national interstate system▪ Protect against discrimination

Expressed v. Implied PowersDiagram

Inherent Powers

Defined as those powers that the national gov has because it is the sovereign gov w/in the global community

May or may not be listed in the Constitution

Examples: Regulate immigration Define citizenship Grant diplomatic recognition to new nations Protect nation from rebellion & invasion Acquisition of new territories Define admission of new states/territories

Powers Denied the National Government

Three ways Powers are denied to the national government:

1. Expressly states that a power is denied: Levy or collect taxes on exports (goods exiting the country) Prohibit freedom of religion, speech, press, … Conduct illegal searches & seizures Deny a person a fair trial

2. Constitution is silent on an issue Create a national public school system Enact uniform marriage/divorce laws Set up local governments

3. The power interferes with the rights of state gov. Tax state or local gov Interfere in intrastate trade (trade w/in a state)

State Powers

Known as the Reserved Powers The Reserved Powers come from Amendment X of the

Constitution Examples:

Regulate public education Establish guidelines for local government Provide for the public’s welfare Enact & enforce laws to ensure public safety (criminal law &

police) Administer elections

Powers Denied to the States: Cannot enter into a treaty or alliance with a foreign nation Cannot coin money Cannot declare war or maintain own military Cannot deny a person of life, liberty, property w/o due process Cannot interfere w/the carrying out of the national gov’s duties

Exclusive v. Concurrent Powers

Exclusive Powers: Powers that the national government exercises

alone Examples:

▪ Coin money▪ Declare war▪ Make treaties w/foreign nations▪ Define citizenship

Concurrent Powers: Powers that both the national & state gov can

exercise Examples:

▪ Power to levy & collect taxes▪ Enact laws & provide for the enforcement of those laws▪ Establish a judiciary system for the punishment of

crimes▪ Spend for the public welfare

Diagram of Federalism

Delegated Powers

Those powers that are exercised by the

national government. Types:

• Expressed

• Implied

• Inherent

Those powers given to the states by Amendment X,

includes regulating elections, public schools,

etc.

Concurrent Powers

Those powers both the national gov. & the states

can exercise

Reserved Powers

Supremacy of the National Government

The Supremacy Clause (Article VI/Section 2) limits the authority of the states, by declaring the Constitution as the Supreme Law of the Land

This means that the states cannot supercede the Federal “Constitutional” laws

McCulloch v. Maryland set the precedent to protecting the supremacy of federal law

Example: California legalized marijuana for medical purposes Marijuana was declared an illegal substance via federal law Although “legal” by California’s standards, prescribing,

distributing, or possessing marijuana for medicinal purposes is illegal.

The Nation’s Obligations to the States Article IV (four) sets out guarantees the US

government makes to the states The guarantees are:

Republican form of government (representative form)

Protection from invasion Assistance against domestic violence/unrest▪ States mostly responsible for securing peace inside own

boundaries▪ If a state cannot manage to suppress a riot or other disturbance

on its own, the governor of that state can request help from the national government

▪ Governor can also request aid in the event of a natural disaster▪ Federal gov. cannot deploy the national guard into a state w/o

that state’s request Protection of territorial integrity▪ National gov. recognizes each state’s boundaries & territory▪ Each state must have representation in both houses of Congress

Admission of New States

Only Congress can admit new states Procedures for New State Admission:

Territory requests Congress admit it as a state Congress passes an enabling act to direct the people of

the state to begin drafting a state constitution. Statehood convention drafts a Constitution for the state &

state vote held to approve it State submits their Constitution to Congress for approval Congress reviews state constitution & determines whether

or not to admit the state Congress passes an Act of Admission to add state to the

union President signs the Act of Admission Congress often adds certain conditions/requirements before

they will add a new state▪ Example: Alaska could not take away any property held by

Native Americans▪ Wyoming had to take away women’s right to vote

Cooperative Federalism

State & Federal governments must often work together toward a common goal

Federal Grants-in-Aid: Federal gov. grants money to states for special functions Examples:▪ Funds to build & maintain public schools & universities▪ Grants to build roads, airports, & shipping ports ▪ Grants to support childcare for children of poor families (Peach

Care) Federal gov. may put restrictions on how states can spend

these grants Estimated $275-300 billion a year

Revenue Sharing: Policy in place from 1972-1987 Federal gov. “shares” the tax money it gains thru the

Federal Income Tax Gave states an estimated $83 billion

Cooperative Federalism Continued

Other Grants: Categorical grants: grants made for a very specific

purpose ▪ Have many conditions and restrictions▪ Examples: school lunch programs, construction of infrastructure

(airports, roads, sewage, etc. Block Grants: grants given for general purposes such as

healthcare & welfare, few restrictions Project Grants: grants states & state agencies apply for

to address a specific purposes, AIDS research, Cancer research, etc.

Other Types of Aid Assistance of local law enforcement

FBI, DEA, & other agencies can help local law enforcement agencies upon request or with multi-jurisdictional cases

Provide training to law enforcement National Guard can be deployed to help in

natural disasters upon request of the states

Interstate Compacts

States can create agreements/compacts with other states Often a result of overlapping responsibility

with two or more states Examples:▪ Georgia, Alabama, & Florida have a water usage compact

regarding the Chattahoochee River▪ Georgia, Florida, & Alabama agree to allow people in

counties which join the state boundaries to attend universities without paying out of state tuition (example: Polk County resident can attend Alabama schools w/o out-of-state fees)

Some compacts are signed by all 50 states▪ Sharing of criminal/crime information▪ Finger printing database▪ DNA database

Full Faith & Credit

Full Faith & Credit is public acts, judicial proceedings & records must be recognized among all states Examples: Legal contracts issued by Georgia must be

recognized in the rest of the US (marriage, divorce, child custody…)

A guilty verdict in a criminal trial A civil suit settlement

Exceptions: A state cannot charge its residents with a crime

from another state, unless the crime occurred in the other state

A divorce cannot be granted by non-residents of a state

Extradition, Privileges and Immunities Extradition

An fugitive from the law captured in another state must be returned to the state to face consequences▪ Governor of state where crime was committed can request that the

governor of the state where the criminal is residing return the criminal▪ If a governor refuses to return a fugitive, the federal gov will take

custody of the person & return them to the original state Privileges & Immunities

States must recognize the rights of residents of other states to travel in or move to a different state

States must allow residents of any other states to use courts or conduct business

A state cannot discriminate against residents of other states

States CAN place certain regulations on non-residents▪ Charge out of state tuition▪ Require a person to live a set period of time in that state before

giving them the right to vote in the state or a state license