The Federal System

Unit 2

What is it?

l System of government created by the U.S. Constitution that divides governmental power between national and state governments.

The Constitutional Division of Powers

l The Constitution divides powers into 3 categories: l Expressed (Delegated/ Enumerated)l Concurrentl Reserved

Expressed Powers (Delegated/ Enumerated)

l Article 1, Section 8, Clauses 1-17 described Expressed powers

l Also called Delegated or Enumerated powersl Powers specifically granted to the national government l Examples:

l Coin moneyl Postal Systeml Maintain militaryl Declare Warl Regulate interstate and international commercel Immigrationl Negotiate treaties

Concurrent Powers

l Powers shared by the national and state governments

l Examples: l Protects civil rights and liberties l Taxesl Provide for public safety and healthl Establish courtsl Punish lawbreakersl Borrow moneyl Construct and maintain roads

Concurrent Powers

l Granted to both national and state governmentsl 10th Amendment, Article 1, Section 8 of US Constitution states: “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.”

l Article 1, Section 2, Clause 18 of US Constitution states: “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof”l Implied Powers – powers that are authorized by Constitution, while not

stated, are given and increased to Congress to exercise necessary and proper execution

l “Necessary and Proper” Clause or Elastic Clause – Allows for Congress the power to pass all laws necessary and proper for carrying out enumerated list of powers

Reserved Powers

l Powers belonging to state governments l Comes from 10th Amendment – “powers not

specifically delegated to the national government are reserved for the states”

l Examples: l Establish local governmentsl Establish schoolsl Regulate marriage, divorce, and adoptionsl Regulate intrastate commercel Provide fire and police protectionl Conduct electionsl Enact license requirements

Federal Denied Powers

l Article 1, Section 9 states:1. No taxing Exports (From any state)2. No Bills of Attainder (Loss of Civil

Rights due to serious crime)3. No Ex Post Facto Laws (Enacted

retroactively)4. No Titles of Nobility

State Denied Powers

l Article 1, Section 10 states:l No taxing Exports (between states)l No Bills of Attainderl No Ex Post Facto Laws l No Titles of Nobility

Why is federalism a good thing?

l Encourages political participation l Promotes democracy l States are unified and unique

What are the drawbacks?

l Inconsistency between states l Tension between national and state

governments

Types of Federalism

Federalism has changed over the course of American history …

l Dual Federalism (1790s – 1930s) l Cooperative Federalism (1930s – 1950s) l Regulated Federalism (1960s) l New Federalism (1970s -1980s)

Dual Federalism

l Two levels of government have clearly defined and separate responsibilities

National Government

State Government

Cooperative Federalism

l Era of shared power between federal, state and local governments

Like marble cake, the levels of government are intertwined and less clearly defined

Regulated Federalism

l Huge increase in federal involvement in state and local governments

N A T I O N A L

State Local

New Federalism

l Power is shifted back to the states during Nixon and Reagan presidencies

Back to the states

Power

State Governments

l U.S. Constitution has one requirement for states …

state constitutions must support a

State legislatures

l Responsibilities: make laws, levy taxes, and create budgets

Apportionment

l The distribution of seats in the U.S. House of Representatives and state legislatures

Gerrymandering

l When lawmakers draw district boundaries in a manner that benefits them or their party

Redistricting

l Redrawing of voting districts to reflect population changes

State Governors

l Manage the executive branch for the state

Georgia’s Governor:

Nathan Deal

State Court System

l Trial Courts: cases that affect daily lives of citizens

l High level trial courts: major criminal cases and law suits

l Lower Level trial courts: l Municipal Courts – minor violations, divorce,

adoptionsl Small Claims Courts – disputes involving small

amounts of $ l Appeals Courts: cases that are appealed to

reverse the decision of trial courts

Local Governments

County Government

l Judges l Tax commissioner l Sheriff’s Office l Health services

Mayor-Council System

l Divides power between an elected mayor and city council

Commission System

l Qualified professionals head city commissions l Skilled professionals make decisions

Council-Manager System

l Combines democratically elected council with professional city management

Special-Purpose Districts

l Provides a specific function l For example: School boards

Ongoing Government Debate: State v. National Power

l There is an ongoing debate on which level of government should have more power and the authority over certain issues.

l Gay Marriage Until Recently (However could be overturned), Marijuana Reform Laws (Decriminalization or Recreational Use), Education through national Common Core Plan

Supremacy Clause

l Article 6 of US Constitution establishes the constitution as the “Supreme Law of the land.”

l No other government entity (state, local) can enact a law that contradicts federal law.