Federalism

1
Federalism

• National and State Powers

2
The Division of Powers

• The Constitution divided government authority by
  giving the national government specified powers,
  reserving all other powers to the states or to
  the people.
• The American concept of federalism has changed
  with the times.
• Federalism is not a static but a dynamic
  relationship between levels of government.

3
National Powers

• Delegated Powers the powers of the national
  government are known collectively as the
  delegated powers
• Expressed Powers those powers stated directly
  in the Constitution also called the enumerated
  powers
• Implied Powers those powers that the national
  government requires to carry out the powers that
  are expressly defined in the Constitution
• The basis for the implied powers is the necessary
  and proper clause (elastic clause) found in
  Article I, Section 8
• Implied powers have helped the national
  government strengthen an expand its authority.

4

• Inherent Powers those powers that the national
  government may exercise simply because it is a
  government
• Control immigration
• Establish diplomatic relations

5
States and Nation

• Reserved Powers - The Constitution reserves
  certain powers to the States
• These powers are not listed in the Constitution,
  but the 10th Amendment grants to the states or
  the people those powers not delegated to the
  national government
• States may exercise any power not delegated to
  the national government, reserved to the people
  denied them by the Constitution
• Schools, local governments, licensing

6
Supremacy Clause

• The Constitution, and the laws of the United
  States . Shall be the supreme law of the land .
• No state law or constitution may conflict with
  national law
• States create local governments

7
Concurrent Powers

• Concurrent powers are those powers the federal
  government and the states both have.
• Each level of government exercise these powers
  independently
• Tax, maintain courts, define crimes, appropriate
  private property for public use ..

8
Denied Powers

• The Constitution specifically denies some powers
  to all levels of government
• Article I, Section 9 Cannot tax exports
• Powers denied the states are found in Article I,
  Section 10
• No treaties, Cannot coin money .

9
Guarantees to the States

• The Constitution obligations to the States
• Guarantee each state a republican government
• Protect the States from invasion and domestic
  violence
• Respect the territorial integrity of each State

10
Admission of New States

• The Constitution gives Congress the power to
  admit new states
• No state may be formed by taking territory from
  one or more states without the consent of the
  states involved
• Acts of admission, like all laws, are subject to
  presidential veto
• The admission begins with an enabling act when
  signed by the president, enables the preparation
  of a constitution
• The constitution after approval by popular vote
  is submitted to Congress
• Congress, then if agreeable, passes an act
  admitting the territory as a state

11

• Five states were created from existing states
  Vermont, Kentucky, Tennessee, Maine, and West
  Virginia
• West Virginias admission was controversial over
  approval by the Virginia legislature
• Texas was admitted by joint resolution and
  skipped the territorial period
• Puerto Rico has considered statehood, but
  rejected statehood by a vote in 1993

12
Conditions for Admission

• Congress or the president may impose conditions
  before admitting a new state
• Taft required Arizona to change its constitution
  on the recall of judges
• Alaska was prohibited from making claims for
  lands legally held by Native Americans or Aleuts

13
Equality of the States

• Once admitted to the Union, each state is equal
  to every other state and has the right to handle
  its own affairs
• No state has more privileges or fewer obligations
  than any other
• Each state is legally separate from every other
  state in the Union
• All states are bound by the Constitution

14
The Supreme Court as an Umpire

• Because federalism divides the powers of
  government, disputes between the state and
  national government are common. The courts often
  settle disputes and acts as an umpire
• McCulloch v Maryland the court ruled in favor of
  the National Government affirming its supremacy

15
Interstate Relations

• Full faith and credit
• The Constitution states that full faith and
  credit shall be given in each state to the
  public acts, records, and judicial proceedings of
  every other state
• This clause applies to civil laws, or laws
  relating to disputes between individuals, groups,
  or with the state one state cannot enforce
  another states criminal law
• Public Acts refer to laws passed by state
  legislatures
• Records are documents like mortgages , deeds,
  leases
• Judicial proceedings refer to judgments ..

16

• Privileges and Immunities as interpreted by the
  Supreme Court , this clause means that one state
  may not discriminate unreasonably against the
  citizens of another state
• Includes pass through or live in any state, use
  the courts, make contracts, buy, sell, hold
  property, marry .
• Does not include voting, serving on juries, using
  certain public facilities or institutions
• Residency requirements and higher fees are
  allowed

17

• Extradition provides for the Governor of a
  state responsible for returning fugitives
• Interstate Compacts written agreements between
  states
• Used to settle disputes (boundaries)
• Deal with issues like air and water pollution
• Regional problems transportation of Hazardous
  materials
• National or foreign governments may be a party
• Congress must approve interstate compacts

18
Evolution of Federalism

• Throughout American history there has been a
  dispute as to how federalism should operate
• States Rights favors state and local action in
  dealing with issues
• Believe the states created the national
  government and gave it limited powers
• National government is an agent of the states
• Nationalist favors national action
• Believe the people created the national and state
  governments, therefore, the national government
  is not subject to the states

19

• Believe the necessary and proper clause means
  Congress has the right to adopt any means that
  are convenient and useful to carry out its
  delegated powers

20
Evolution of Federalism

• Nationalism
• Expansion of national power
• Marshall Court
• Broad interpretation of National Governments
  Power
• Dual Federalism One
• Roger Taney
• Separate Distinct Powers layer cake
• Supported States Rights
• Dual Federalism Two
• Plessy v Ferguson
• Civil Rights a matter for state government
• State powers grew, but not equal to national
  government

21

• Cooperative Federalism
• 1930s to 1960s
• Grew out of reaction to FDR and New Deal
• Cooperation between levels - Marble Cake
• Court began to allow national government to
  regulate most anything that affected stream of
  commerce

22

• Creative Federalism
• LBJ The Great Society
• Grants
• Block broad purposes
• Categorical specific projects
• New Federalism
• Return of responsibility to the states
• Nixon Revenue Sharing
• Reagan eliminating categorical favored block
  grants

23

• Competitive Federalism
• States and federal government compete for power
  as well as states v states for federal funds
• Intergovernmental lobby
• Federal government controls the purse the
  states handle the project
• Mandates
• Conditions of Aid

24
Growing National Government

• Growing National Government is based on the
  following
• National supremacy clause
• War Powers
• Regulate Interstate and Foreign Commerce
• Commerce clause give national government power to
  regulate a wide range of human activity because
  few aspects of the economy affect commerce in
  only one state
• Tax and Spend
• Congress lacks authority to pass laws solely for
  the general welfare, but it may raise taxes and
  determine how to spend revenues for this purpose.