Federalism

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Federalism

• The Division of Power
• American Government and Politics

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We will talk about

• What federalism is
• The relationship between the National Government
  and the States
• The relationship between states.

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What is federalism?

• A system of government in which a written
  constitution divides the powers of government on
  a territorial basis between a central or national
  government and several regional governments,
  usually called states or provinces.

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American System of Government is an EXCELLENT
EXAMPLE of Federalism

• Implied in the original Constitution.
• Spelled out in the 10th Amendment
• 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.

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Dual System of Government-Two basic levels of
government

• National

• State

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National

• Deals with issues of national concern
• Defense
• Foreign affairs
• Natural disasters

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National Powers

• Expressed
• Implied
• Inherent

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Expressed

• Look at your Constitution
• What powers are spelled out for the Federal
  Government?

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Implied

• Necessary and Proper Clause. Article I, Section
  8, Clause 18 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 of the United States or in
  any Department or officer thereof.
• Examples
• Regulation of labor-management relations
• Building of hydro-electric power plants
• Building of interstate highway system.
• Federal crimes moving stolen goods, kidnapping
  across state lines
• Prohibited racial discrimination in granting
  access to restaurants, theaters, motels.

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Inherent

• Belong to the National Government because it is
  the government of a sovereign state within the
  world community.
• Examples
• Regulate immigration
• Deport undocumented aliens
• Give diplomatic recognition to other states.
• Protect the nation against rebellion or other
  attempts to overthrow the government.
• These powers exist- because the United States
  exist.

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State

• Deals with issues of local concern
• Liquor
• Sales Taxes
• Gas Stations

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Powers Denied to the National Government

• Constitution denies some powers to the National
  Government Expressly
• Congress may not.
• levy duties on exports.
• Prohibit freedom of religion, speech, press or
  assembly
• Conduct illegal searches and seizures
• Deny to any person accused of a crime a speedy
  and public trial

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Several powers are denied to the National
Government because of the silence of the
Constitution.

• Create a public school system for the nation
• Enact uniform marriage and divorce laws.
• Set up units of local government.

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Some powers are denied to the National government
because of the federal system itself.

• Example- The Congress can not tax any of the
  States in the carrying out of their government
  functions.

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THE STATES

• What can the states do?
• Forbid persons under 18 to marry without parental
  consent.
• Forbid kids under 21 from drinking.
• Ban the sale of pornography.
• Outlaw prostitution.
• Issue licenses for
• Teachers
• Hairdressers
• Doctors
• Establish schools
• Confiscate automobiles and other property used in
  connection with illegal activities.
• Enact land use laws
• Regulate the services and restrict the profits of
  public utilities.

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• The Constitution does not grant expressed powers
  to the States, with the exception , Section 2 of
  the 21st amendment- gives the states virtually
  unlimited power to regulate the manufacture, sale
  and consumption of what?

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Powers Denied to the States

• No state can
• Enter into any treaty alliance or confederation.
• Print or coin money
• Deprive any person of life, liberty or property
  without due process of law.
• Some powers are denied to the States inherently
• No state can tax any of the agencies or functions
  of the federal government.

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The Federal System and Local Governments

• There are more than 87,000 local governments in
  the United States.All of these are subunits of
  the various State Governments

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The Supreme Law of the Land.

• Article VI, Section 2 Supremacy Clause
• This Constitution and the Laws of the United
  States which shall be made in Pursuance thereof,
  and all Treaties made , or which shall be made,
  under the Authority of the United States, shall
  be the Supreme Law of the Land,,, and judges in
  every state shall be bound, thereby any thing in
  the Constitution or Laws of any State to the
  Contrary notwithstanding

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Supreme Court is the umpire in the federal system.

• Apply the Supremacy clause to the conflicts that
  the dual system of government inevitably
  produces.
• Ex. McCulloch V. Maryland ( 1819)

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The National Government and The 50 STATES

• What does the National government have to do for
  the states?
• How do new states get admitted?

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Cooperative Federalism

• Federal Grants-in-aid.
• Revenue Sharing
• Types of Federal Grants
• Categorical Grants
• Block Grants
• Project Grants
• Other forms of federal aid

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State Aid to the National Government

• Elections
• Police

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Interstate Relations

• Interstate Compacts

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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. Article IV,
  Section 1
• Exceptions
• Williams V. North Carolina

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Extradition

• 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, Section 2, Clause 2

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Privileges and Immunities

• The Citizens of each State shall be entitled to
  all Privileges and Immunities of Citizens in the
  several States.
• Article IV, Section 2, Clause 1