© 2001 by Prentice Hall, Inc.© 2001 by Prentice Hall, Inc.
C H A P T E R 4Federalism
Federalism is a system in which powers are divided on a
territorial basis between a Nat'l Gov't and regional
Gov'ts.
Chapter 4, Section 1Chapter 4, Section 122 33
The Framers were dedicated to limited Gov't. They believed:
(1) that Gov'tal power poses a threat to individual liberty
(2) therefore the exercise of Gov'tal power must be restrained
(3) that to divide Gov'tal power, is to curb it and prevent abuse.
Chapter 4, Section 1Chapter 4, Section 122 33
Nat'l Gov't only has those powers delegated (granted) to it in the Constitution.
Chapter 4, Section 1Chapter 4, Section 122 33
• Expressed powers are found within the Constitution.
• Implied powers are reasonably suggested, or implied by, the expressed powers.
• Inherent powers belong to the Nat'l Gov't because it is the Gov't of a sovereign state within the world community.
Chapter 4, Section 1Chapter 4, Section 122 33
• Some powers such as the power to levy duties on exports or prohibit the freedom of religion, speech, press, or assembly
• Some powers are denied to the Nat'l Gov't because the federal system does not intend the Nat'l Gov't to carry out those functions.
Powers Reserved to the States
The 10th Amendment reserves state powers
Powers not reserved to the Nat'l gov’t and not denied from the states
Powers Denied to the States
Powers are denied to the states both expressly and inherently
Chapter 4, Section 1Chapter 4, Section 122 33
Rule of Law: The notion that no one is above the law. All presidents, representatives, police etc…Are held to the same standard as “regular” citizens.
Equal Protection: Derived from the 14th Amd, it means that the states must apply the law equally and cannot give preference to one person or class of persons over another.
Due Process: Put simply, where an individual is facing deprivation of life, liberty, or property, it mandates that he or she is entitled to adequate notice, a hearing, and a neutral judge.
Exclusive Powers Exercised by the
Nat'l Gov't alone Ex:
Coin money, Make treaties with
foreign states, Lay taxes on imports
Concurrent Powers Powers possessed
and exercised by both State/Fed
Ex: levy and collect
taxes, Define crimes, set
punishments Claim private
property for public use.
Chapter 4, Section 1Chapter 4, Section 122 33
87,000+ units of local Gov't Each State has created these units
through its constitution and laws. Exercise State law through their own
means.
Chapter 4, Section 1Chapter 4, Section 122 33
Chapter 4, Section 1Chapter 4, Section 122 33
Chapter 4, Section 2Chapter 4, Section 23311
Republican Form of Gov't The Constitution requires the Nat'l Gov't to
“guarantee to every State in this Union a Republican Form of Gov't.”
Invasion and Internal Disorder Required to provide defense of the States from
foreign invasion, and aid in protecting against “domestic Violence”
Respect for Territorial Integrity The Nat’l Gov’t is bound to respect the territorial
integrity of each State.
Chapter 4, Section 2Chapter 4, Section 23311
Federal Grants-in-Aid Grants of federal money or other resources to the
States or local units
Chapter 4, Section 2Chapter 4, Section 23311
Even though the basis of federalism is the division of powers between levels of Gov't, there is still
cooperation.
Categorical Grants Made for a specific purpose, such as school lunch programs. There
are usually conditions, or “strings,” attached
Project Grants Provided to almost anyone, used for a variety of purposes ranging
from medical research to job training and employment programs.
Chapter 4, Section 2Chapter 4, Section 23311
Block Grants
• Portions of money allocated to States to use for health care, social services, or welfare with fewer strings attached.
No State may enter into any treaty, alliance, or confederation.
Chapter 4, Section 3Chapter 4, Section 32211
States may, with the consent of Congress, enter into interstate compacts—
agreements among themselves and with foreign states.
More than 200 compacts are now in force,
Chapter 4, Section 3Chapter 4, Section 32211
The Full Faith and Credit Clause of the Constitution ensures that States recognize the laws and,
documents, and court proceedings of the other States.
The legal process by which a fugitive from justice in one State is returned to that State.
Article IV, Section 2, Clause 2 of the Constitution.
Chapter 4, Section 3Chapter 4, Section 32211
No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States.
States can draw reasonable distinctions between its own residents and those of other states (Out of state tuition)
Chapter 4, Section 3Chapter 4, Section 32211
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