Review for Federalism

Concepts to Understand

• Why do we have Federalism?• Federalism – what is it and what does it promote?• Strengths and Weaknesses of Federalism• Where are most of the expressed powers? Give examples

from this Article.• Local governments and their powers?• Why is the “Supremacy Clause” considered the “linchpin”

of the Constitution?• Significance of McCulloch v. Maryland• Necessary and Proper Clause (Implied powers)• What are the inherent powers?• What are the reserved powers?

Concepts to Understand- continued – including application of your understanding of the terms.

• Powers denied to the National Government• Powers denied to the States• Exclusive Powers of the National Government• Concurrent Powers of the National and State Governments• What does the National Government promise the States?• Cooperative Federalism – what does this mean and what are

examples of Federalism in Action?• Interstate relations---understand the following:• Interstate Compacts• Full Faith and Credit Clause• Extradition• Privileges and Immunities Clause

Why Federalism? The Framers were dedicated to the concept of limited government. They were convinced

1) that governmental power poses a threat to individual liberty,

(2) that therefore the exercise of governmental power must be restrained, and

(3) that to divide governmental power, as federalism does, is to curb it and so prevent its abuse.

• Federalism is a system of government in which a written constitution divides the powers of government on a territorial basis between a central, or national, government and several regional governments, usually called states or provinces

Division of Power between National Government and the state governments

Strengths: -Local matters can be decided locally.-Gives enough power to the national government to be effective in international and domestic affairs.Unified the nation as the Articles of Confederation could not do. Weaknesses: - Laws Lacks uniformity between national and states governments.

-Ongoing controversies over powers. ---------------------------------------------------------------------10th Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people” (Reserved powers to the States)

What does Federalism promote?

• It allows local action in matters of local concern, and national matters of wider concern, such as National defense, to be handled by a union of all the states through the authority of the national government.

• It also divides the power between the states and the national governments to prevent possible abuse from an authoritarian national government.

• Promoting strength through union and self-government at the state/local level.

Powers of local governments

• Remember there are two basic levels in the Federal system-National and State Governments.

• However, Local governments do exist but only because the State has established and given them power to do so.

• Each of the 50 States has a unitary form of government—a central government that creates local units of government for its own convenience.

The National Government is a government of delegated powers, meaning that it only has those powers granted to it in the Constitution. There are three types of delegated

powers:• The expressed powers are those found directly within the

Constitution (also known as enumerated powers). Spelled out, expressly, in the Constitution

• The implied powers are not expressly stated in the Constitution, but are reasonably suggested, or implied by, the expressed powers.

• The inherent powers belong to the National Government because it is the government of a sovereign state within the world community. There are few inherent powers, with an example being the National Government’s ability to regulate immigration.

Expressed Powers

• Where are the expressed powers in the Constitution Article I Section 8. There are 18 clause in this section with 27 expressed powers given to Congress.

• Give four powers expressed in Section 8: power to lay and collect taxes, to coin money, to regulate foreign and interstate commerce, to raise and maintain armed forces, to declare war, to fix standards of weight and measures, to grant patents and copyrights.

• Give four expressed powers in Article II Section 2 : Commander and chief of the Armed forces, to grant reprieves and pardons, to make treaties, to appoint major federal officials.

• Name the expressed powers in Article III : grants the judicial power of the United States to the Supreme Court, and other courts in the federal judiciary.

Implied Powers

• An implied powers are not expressly stated in the Constitution, but are reasonably suggested by the expressed powers.

• Article I Section 8 Clause 18 gives Congress the “necessary and proper power. What is another name for this clause? Elastic Clause.

• Give two examples of exercise of implied powers. Regulation of labor-management relations, the building of hydroelectric power dams, and the building of interstate highway system.

Inherent Powers

• Inherent powers are powers a national government has historically possessed. Name the major examples of the inherent powers (a) to regulate immigration and to deport undocumented aliens; b) to acquire territory; (c) to grant diplomatic recognition to other states; d) to protect the nation against rebellion or other attempts to overthrow the government.

• These powers exist because the United States exists.

Powers Denied to the National Government

• Name three powers denied “expressly to the National Government: to levy duties on exports; prohibit freedom of religion, speech, press, or assembly; conduct illegal searches or seizures; nor deny to any person accused of a crime a speedy and public trial or trial by jury.

• Several Powers are denied to the National Government because of the silence of the Constitution: Name three: the power to create a public school system for the nation, to enact uniform marriage and divorce laws, and to set up units of local governments

*What powers are denied to the National Government because it would interfere with the “Federal System”? Congress cannot tax any of the States or their local units in the carrying out of their governmental functions.

Reserved Powers to the States- 10th Amendment

• The 10th Amendment declares that States are governments of reserved powers. These are powers that are NOT granted to the National Government and does not deny to the States. The States have a huge number of powers as a result of the reserved powers in the 10th Amendment. Most of what the government does in this country today is done by the States.

• Give three examples of the “police powers” given to the States because of the reserved powers granted it: The power of a State to protect and promote the public health; the public morals, the public safety, and the general welfare.

Powers denied to the states

• No State can enter into any treaty, alliance, or confederation. Nor can a State print or coin money or deprive any person of life, liberty, or property without due process of law.

• No State can tax any of the agencies or functions of the National Government. (see McCulloch v. Maryland)

Denied to both National and State Governments

• Violate rights of citizens

Exclusive Powers of the National Government

• What are the exclusive powers? Powers exercised by the National Government alone, they cannot be exercised by the States under any circumstances.

• Name three exclusive powers of the National Government: Power to coin money, to make treaties with foreign states, and to lay duties (taxes) on imports.

Concurrent Powers

• Concurrent Powers make it possible for a federal system to function. Powers not granted exclusively to the National Government and that, at the same time, does not deny to the States .

• Name three Concurrent Powers: power to levy and collect taxes, to define crimes and set punishment for them, and to condemn private property for public use.

The Supremacy Clause Article VI, Section 2

• the Supremacy Clause has been called the linchpin of the Constitution because it joins the National Government and the States into a single governmental unit, a federal government. The Supreme Court was called to settle a clash between a national and a State law in 1819.

• The case, McCulloch v. Maryland. The Maryland legislature hoped to cripple the Second Bank of the United States by placing a tax on all notes issued by the Baltimore branch. Since the Supreme Court reversed the Maryland court’s decision to allow the State to tax a National institution this landmark case has made the Supreme Court the umpire of the federal system.

• “…The states have no power…. to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress…”

McCulloch v. Maryland 1819

• What is the significance of McCulloch v. Maryland in the development of the federal system?

• The case was the first time the Court settled a clash between State and federal law. The Supreme Court functions as the umpire of the federal system and that the States have no power to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress.

What are three obligations that the Constitution places on the National Government for the benefit of the States?

• Guarantee that each State will have a republican, or representative, form of government, protection against invasion or natural disaster, and respect for the territorial integrity of each State.

Federalism in Action

• The National government, according to Article IV , Section 4, will protect States against invasion and against domestic violence, when requested.

• The National government will also assist during times of national disaster… storms, fires, floods, drought…etc.

Federalism in Action

• The National government must recognize the legal existence and physical boundaries of each State.

• Article V of the Constitution declares no State can be deprived of its equal representation in the United States Senate without its consent.

Federalism in Action: Congress has the power to admit new States.

• A new State cannot be created by taking territory from one or more of the existing States without the consent of the legislature(s) of the State(s) involved.

• Explain the difference between an enabling act and act of admission.

• An enabling act is an act by Congress that directs the people of a territory to propose a State constitution; an act of admission is the congressional act which actually creates the new State.

Cooperative Federalism

• While both the national and state governments often are in a power struggle, or tug of war, there are ways they cooperative with one another.

• Federal money is given to States to aid them in a variety of ways.

• States also perform various services for the Federal government.

Cooperative Federalism- Federalism in Action

• Three types of grants-in-aid:• Grants-in-aid programs: Federal grant money

given to States and/or their cities, counties, and other local units.

• Categorical grants• Block grants• Project grants

Cooperative Federalism- Federalism in Action

• Categorical grants: made for specific closely defined purpose: school lunches, construction of airports.

• Strings attached to the use of the Federal money in the states.

Cooperative Federalism- Federalism in Action

• block grant• A grant that can be used for broad purposes

by State and local governments, with few conditions attached.

How do block grants reflect cooperative federalism?• They function at the State level but are

funded by the National Government.

Cooperative Federalism- Federalism in Action

• Project Grants: grants made to States, localities, and sometimes private agencies that apply for them.

• The National Institutes of Health supports scientist engaged in research on cancer, diabetes… and many others.

Cooperative Federalism- Federalism in Action

• States also aid the National Government• They conduct national elections that are

financed by State and local funds.• State and Local law officials will pick up those

accused of federal crimes and held in local jails for the FBI.

• Naturalization of new citizens takes place in State, not federal, courts.

Interstate relations

• What is the meaning of the Full Faith and Credit Clause?

• It is a requirement that each State accept the public acts, records, and judicial proceedings of other States.

• This is for civil cases not for criminal cases. One State cannot enforce another State’s criminal law.

• Divorces- some divorces not granted.

Interstate relations

• Interstate compact: agreements among the states and foreign states with the permission of Congress.

• All 50 states have joined two interstate compacts: compact for the supervision of parolees and probationers, and the compact on juveniles.

Interstate relations

• Give at least two examples of actions protected under the Privileges and Immunities Clause.

• Traveling to or becoming a resident of another State; using State’s courts; buying, owning, renting, or selling property; marrying with State borders.

• What types of actions are not protected by this clause?• Giving hiring preferences to residents; lowering

welfare benefits for nonresidents; using common property of the State.

Interstate relations

• Extradition: legal process by which a fugitive from justice in one State is returned to that State. Extradition is designed to prevent a person from escaping justice by fleeing a State.