Chapter 4The Federal System

Chapter 4 Section 1

National and State Powers

The federal system divides government powers between national and state governments.

U.S. federalism has continued to change since its inception in 1787.

The Division of Powers

The national government’s expressed powers allow the government to:◦ Levy taxes.◦ Coin money.◦ Make war.◦ Raise an army and navy.◦ Regulate interstate commerce.

Expressed powers: powers directly expressed or stated in the constitution by the founders. Also called enumerated powers.

National Powers

Implied powers have helped the national government strengthen and expand its authority to meet many problems the Founders did not foresee.◦ Implied powers: those powers that the national

government requires to carry out the powers that are expressly defined in the Constitution

Inherent powers are not spelled out in the Constitution but are necessary for a government to function.◦ Inherent powers: powers that the national government

my exercise simply because it is a government

National Powers

The reserved powers belong to the states, which may exercise any power not delegated to the national government, reserved to the people, or denied them by the Constitution.

Some reserved powers include:◦ Regulating intrastate commerce.◦ Establishing local government systems.◦ Administering elections.◦ Protecting the public’s health, welfare, and

morals.

The States and the Nation

The Supremacy Clause◦ Supremacy clause: statement in Aricle VI of the

Constitution establishing that the Constitution, laws passed by Congress, and treaties of the United States “shall be the supreme Law of the Land.”

◦ States cannot make any laws that interfere with the Constitution.

The States and the Nation

Concurrent Powers◦ Concurrent powers: powers that both the national

government and the states have◦ Concurrent powers include:

Levying taxes. Borrowing money. Spending for general welfare. Establishing courts. Enacting and enforcing laws.

The States and the Nation

Denied Powers◦ The Constitution also lists powers that are denied

to both national and state governments.◦ The Constitution imposed restrictions on

governments designed to protect individual liberties. Found in Article I, Section 9, The Bill of Rights, and in

several other amendments.

The States and the Nations

States are guaranteed a republican form of government.

States are guaranteed protection from invasion and domestic violence.

States are guaranteed respect for their territorial integrity.

Guarantees to the States

Congress has the power to admit new states to the Union.

Congress or the president my set conditions for admitting a state.

Each state admitted is equal to every other state.

Admission of New States

The NGA helps the state’s governors solve common problems.

By joining together, governors become more active in national policy making.

The Constitution obligates states to conduct and pay for all elections of federal officials and to consider the ratification of constitutional amendments.

The National Governors Association

The Supreme Court and the federal courts settle disputes between the states and the national government.

The Court has held that the national government is supreme.

The Courts as Umpire

Chapter 4 Section 2Relations Among the

States

Article IV of the Constitution requires states to do the following:◦ Give “full faith and credit” to the laws, records,

and court decisions of other states.◦ Give one another’s citizens all the “privileges and

immunities” of their own citizens.◦ Extradite criminals and fugitives who flee across

state lines to escape justice.

Lawsuits brought by a state against another state are tried in the Supreme Court.

Interstate Relations

The Constitution requires each state to recognize the laws and legal proceedings of all other states in civil, but not criminal, matters.

Without this kind of rule, each state could treat all other states like foreign countries.

This clause only applies to civil law.◦ Civil Law: laws relating to disputes between

individuals, groups, or with the state.

“Full Faith and Credit”

Each state must treat citizens of other states equally with its own citizens and not discriminate against them, though nonresidents may not enjoy all the rights of state citizens.

Included are the rights to pass through or live in any state; use the courts; make contracts; buy, sell, and hold property; and marry.

Privileges and Immunities

Because states are basically independent of one another, some means is needed to prevent criminals from escaping justice simply by going to another state.

Criminals fleeing to other states may be returned to their home state by extradition.◦ Extradition: the legal process through which one

state government surrenders an accused criminal to another state government

Extradition

The Constitution requires states to settle their differences without the use of force.◦ Interstate Compacts: written agreements between two or

more states

States use interstate compacts, or agreements among themselves, to settle border or jurisdiction conflicts and to deal with common problems, such as toxic waste disposal, but these compacts must be approved by Congress.

The number of interstate compacts has increased steadily as society has become more complex.

Interstate Compacts

Lawsuits brought by a state against another state is tried in the Supreme Court.

Since 1789 more than 220 disputes between states have wound up in court.

Cases in the west often involve water rights.

Other cases have involved sewage and disputes over boundary lines.

Lawsuits Between States

Chapter 4 Section 3

Developing Federalism

Throughout American history, there have been two different views of how federalism should operate.

States’ rights position: favors state and local action in dealing with problems.

Nationalist position: favors national action in dealing with problems

States’ Rightists vs. Nationalists

Based on the 10th Amendment, which says that powers not delegated to the national government are reserved to the states.

This view holds that the Constitution is a compact among the states.

The states created the national government and gave it only certain limited powers.

The States’ Rights Position

Because national government is an agent of the state, all of its powers should be narrowly defined.

State government are closer to the people and better reflect their wishes than the national government.

The States’ Rights Position

The nationalists position is that the people, not the states, created the national government and that its power should be expanded to carry out the people’s will.

The national government stands for all the people, while each state speaks for only part of the people.

The Nationalists Position

Movement gained ground in the late 1930s during the Great Depression.

The courts supported expansion of the national government in order to deal with the nation’s terrible economic problems.

The Nationalists Position

The flexibility of the Constitution has allowed the Supreme Court, Congress, and the President to stretch the power of the national government to meet the nation’s growing needs.

The expansion of the national government’s powers has been based on three major constitutional provisions:◦ The war powers◦ The power to regulate interstate commerce◦ The power to tax and spend

Growing the National Government

The power to wage war has expanded the national government’s power.

Factors such as the condition of the economy and the strength of the educational system can affect the nation’s military capabilities.

War Powers

Supreme Court decisions have stretched Congress’s power to regulate commerce to cover many different areas of public activities.

The courts consistently interpret the term commerce to mean nearly all activities concerned with the production, buying, selling, and transporting of goods.

This interpretation has allowed the courts to influence decisions regarding social law such as the Civil Rights Act of 1964.

Commerce Power

Congress has used its taxing power to increase the authority of the national government.

Congress has the authority to raise taxes and spend money for the purposes of promoting the general welfare.

Taxing Power

The 16th Amendment gave Congress the power to tax incomes which has become a major source of money for the national government.

Taxes can be used to regulate business and to influence states to adopt certain kinds of programs.

Taxing Power

As the national government has grown and enlarged its powers, Congress has developed two major ways to influence the policies of state and local governments.◦ Providing money through federal grants◦ Imposing mandates that take away the ability of

state and local governments to make their own policies.

Federal Aid to the States

Federal aid has greatly increased since the 1950s.

The main way the national government provides money to the states is through federal grants.◦ Federal grants: sums of money given to a state or

local government to be spent for a variety of specific purposes

Types of Federal Aid

Federal grants redistribute income among the states by collecting taxes from all 50 states, then allocating money to groups in other states.◦ Work to reduce the inequalities between wealthy

and less wealthy states.

Types of Federal Aid

Preemption laws limit the authority of state and local governments to make their own policies.◦ Preemption: the power to assume responsibility

for a state government function in order to gain authority over a state

Preemption Laws

Preemption laws limit the authority of state and local governments through restraints and mandates.

States must obey national law, even if their requirements are more strict than national law.

Preemption Laws

Chapter 4 Section 4

Federalism and Politics

Public Policy: the course of action a government takes in response to some issue or problem

Federalism affects public policy making in two ways.◦ How and where policies are made in the US.◦ Introduces limits on government policy making.

Federalism and Public Policy

Policy may originate at the national, state, or local level of government.

Federalism permits states and localities to serve as proving grounds where new policies can be developed and tested.◦ Sunset laws in Colorado◦ Sunshine laws in Florida

New Ideas Develop

The two major parties, Republicans and Democrats, have competed for control in national, state, and local elections.

Each political party has a chance to win some elections somewhere in the system. In this way, Federalism helps to lessen the risk of one political party gaining an monopoly on political power.

Control of the government at all levels has shifted between these two political parties.

Federalism and Political Parties

Our federal system gives citizens many points of access to government and many opportunities to influence public policy.◦ Citizens can vote for candidates for a variety of

offices as well as for local issues.

Citizens can vote for state and local officials and work together to influence politics at all levels of government. ◦ There is a high chance that one’s political

participation will have some practical impact.

Political Participation

The growth of federal programs has created a large bureaucracy with specialized knowledge to implement those programs.

These increased federal programs have changed the political relationship between state and local government officials.

Federalism’s Professional Politicians

Federalism has contributed to important economic and political differences among the states.◦ Some states do more than others to regulate

business and industry while some provide more health and welfare services.

Political and economic differences among states give US citizens wider opportunities for choosing the conditions under which they will live.

Differences Among the States

The balance of power between the national government and the states is constantly evolving in response to new issues.

In recent decades, Democrats have generally favored a nationalist position while Republicans have favored a states’ rights view.

The Direction of Federalism