Federalism

NATIONAL STATE

Federalism::

A division of power between A division of power between a central and local a central and local governments…governments…

http://www.youtube.com/watch?v=7y30UQF_qsw&feature=relatedhttp://www.youtube.com/watch?v=7y30UQF_qsw&feature=related

1.1. Each level has its Each level has its own power!power!

2.2. The Constitution creates a The Constitution creates a division of government division of government powers powers

It assigns certain powers to the It assigns certain powers to the NATIONAL government and certain NATIONAL government and certain powers to the STATESpowers to the STATES

3.3. Spelled out in the Spelled out in the 1010thth AmendmentAmendment

A A dual system of government system of government Two basic levels each with its own Two basic levels each with its own

sphere of governmentsphere of government Federalism allows and encourages Federalism allows and encourages

local choices in many matterslocal choices in many matters over 80,000 units of local governmentsover 80,000 units of local governments these are subunits of the various statesthese are subunits of the various states

Why Federalism?The Framers strongly The Framers strongly believed in a believed in a limited limited governmentgovernment …Federalism …Federalism would help them achieve would help them achieve this!this!

Powers of the National Powers of the National GovernmentGovernment

• Delegated PowersDelegated Powers – – powers granted by the powers granted by the Constitution to the National Constitution to the National governmentgovernment

1.1. Expressed (Enumerated) Expressed (Enumerated) Powers-Powers- spelled out or written, spelled out or written, expressly, in the expressly, in the

ConstitutionConstitution

2.2. Implied Powers-Implied Powers- • Those powers not expressly Those powers not expressly

stated in the constitution, stated in the constitution, but are reasonably but are reasonably suggested . .

• They are They are necessary and and proper for carrying out the for carrying out the expressed ones!expressed ones!

• ““Necessary and Proper Necessary and Proper Clause”Clause” of the Constitution, of the Constitution, aka:aka:

The Elastic The Elastic ClauseClause

U.S. Constitution

3.3. Inherent Powers-Inherent Powers- those powers that belong those powers that belong to a national government to a national government because they are because they are essential to what a essential to what a government does!government does!

Powers Denied to the Powers Denied to the National Government...National Government...

1. Expressly Stated in the 1. Expressly Stated in the ConstitutionConstitution

2. Silence of the Constitution…not 2. Silence of the Constitution…not mentionedmentioned

3. The National Government not to 3. The National Government not to have any powers that threaten have any powers that threaten the existence of the Federalthe existence of the FederalSystem of the U.S.System of the U.S.

The States GovernmentsThe States Governments

1) Reserved Powers• Those powers that the Constitution Those powers that the Constitution

does not grant to the National does not grant to the National Government and does not deny to the Government and does not deny to the states.states.

• Ex.- marriage, driving, gambling lawsEx.- marriage, driving, gambling laws

2) Powers Denied to the Stateso Expressly stated in the ConstitutionExpressly stated in the Constitutiono Can not threaten the existence of Can not threaten the existence of

the Federal Systemthe Federal Systemo State ConstitutionsState Constitutions

The Exclusive PowersThe Exclusive Powers Those that can be exercised only by Those that can be exercised only by

the national government (includes the national government (includes most of the delegated powers)most of the delegated powers)

The Concurrent PowersThe Concurrent Powers Powers the national and states Powers the national and states

governments both possess and governments both possess and exerciseexercise

Powers are held separately and Powers are held separately and SimultaneouslySimultaneously

Ex.- TAXEx.- TAXhttp://www.youtube.com/watch?v=WQMZ2PT7kr0&feature=related

The Supreme Law of the The Supreme Law of the LandLand

The Constitution and the laws and The Constitution and the laws and treaties of the U.S. are “the treaties of the U.S. are “the supreme law of the Land”supreme law of the Land”

The Constitution stands above all The Constitution stands above all other forms of law in the U.S.other forms of law in the U.S.

Supremacy Clause (Article VI, Supremacy Clause (Article VI, Section 2)Section 2) Consti

tution

SUPREMACY CHART:SUPREMACY CHART:

SEE YOUR NOTES!!!!!!SEE YOUR NOTES!!!!!!

Federalism… a current Federalism… a current discussion:discussion:

Chris Matthews & Joe Chris Matthews & Joe Scarborough-What's Federalism Scarborough-What's Federalism vs. States' Issues?vs. States' Issues?

http://www.youtube.com/watch?v=49sKXEc-http://www.youtube.com/watch?v=49sKXEc-ac4&feature=relatedac4&feature=related

Fred on FederalismFred on Federalism http://www.youtube.com/watch?http://www.youtube.com/watch?

v=izy79xQL4sw&feature=relatedv=izy79xQL4sw&feature=related

Nation’s Obligations to the Nation’s Obligations to the States:States:

Most are found in Article IVMost are found in Article IV

1.1. Guarantees a Guarantees a Republican form of Republican form of governmentgovernment

Generally “Republican form” is Generally “Republican form” is understood to mean understood to mean representativerepresentative

2.2. Protection Against Protection Against Invasion and Invasion and Domestic ViolenceDomestic ViolenceA.A. We see an attack on any state We see an attack on any state

as an attack on the entire U.S.as an attack on the entire U.S.

B.B. The federal government The federal government assumes that each of the 50 assumes that each of the 50 states will keep peace within its states will keep peace within its bordersborders

The federal The federal government government guarantees guarantees protection against protection against domestic violence domestic violence when the states when the states can’t handle itcan’t handle it

Ex: racial unrest in Ex: racial unrest in LA (1992) after the LA (1992) after the acquittal of officers acquittal of officers involved in the involved in the beating of Rodney beating of Rodney King King

C.C. The federal government also gives The federal government also gives aid for national disastersaid for national disasters

Ex: storms, floods, drought, forest Ex: storms, floods, drought, forest fires.fires.

Respect for Territorial Respect for Territorial Integrity:Integrity:

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

Congress can’t create a new state from territory belonging to any of the states without permission of that state.

Congress must include, in both houses, members chosen in each state.

Admitting New States:Admitting New States: Only Congress has the power to

admit new states Conditions for admission

Congress often has a set of conditions the state must follow if it wants to be admitted to the union.•Ex. – Utah’s constitution must outlaw

polygamy

http://grc.dc.gov/grc/cwp/view.asp?a=3&q=461394&PM=1

Cooperative FederalismCooperative Federalism There are large areas of cooperation

between the National and State governments. This includes:

Funds/$$$ that the Federal government grants (gives to) the states.

• Grants of money from the Federal government to States, cities, or counties often for a specific purpose and with “strings” attached.

• www.epa.gov/enviroed/grants/pa01.htm

Services the states perform for the federal government.

• Ex. – States carry out and pay for national elections.

Full Faith and Credit:Full Faith and Credit: “Full faith and credit shall be given in each

state to the public acts, records, and judicial proceedings of every other state

Public acts: laws of a state

Records: documents such as: birth certificates, marriage license, deeds of property, car registration, etc.

http://wwww.hrc.org/documents/LB2Q06.pdf

Judicial proceedings: outcome of court proceedings/actions. Ex. – judgments for debt, criminal

convictions, divorce decrees, and so forth.

Exceptions to “full faith and credit”

Applies only to civil, not criminal matters

Isn’t given to certain divorces granted by one state to residents of another state

ExtraditionExtradition

“A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.”

– Article IV of the U.S. Constitution

Extradition (cont.)Extradition (cont.)

The legal process by which a The legal process by which a fugitive from justice in one state is fugitive from justice in one state is returned to that state.returned to that state.

http://a.abcnews.com/US/Story?id=7705447&page=2http://a.abcnews.com/US/Story?id=7705447&page=2

Privileges and Privileges and ImmunitiesImmunities

“The citizens of each state shall be entitled to all privileges and immunities of citizens of the several states.” – Article IV

A resident of one state will not be discriminated against unreasonably by another state

Residents of one state must obey the laws of other states

Privileges and Immunities (cont.)

States can require people to live in the state for a certain period of time before they can vote or obtain a professional license (law, medicine, etc.)