FEDERALISM

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Chapter 4

• FEDERALISM

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• The U.S. Constitution was written by the framers
  to divide power geographically.
• Power would be divided between the National
  Government and the States.
• The U.S. Constitution divides government
  authority by giving the national government
  certain specified powers, and reserving other
  powers to the states or to the people.

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• In addition, the national and state governments
  share some powers.
• Finally, the U.S. Constitution specifically
  denies some powers to each level of government.

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FEDERALISM

• It is a form of government in which power is
  divided between a central government and several
  formerly independent regional (state local)
  governments.
• For our purposes we are taking about the division
  federal and state governments.
• (Washington, D.C.?Montgomery)

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FEDERALISM

• Its major strength is to allow local action in
  local concerns and allow national action in areas
  of wider concern.

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EXAMPLES

1. Legal gambling in Nevada, New Jersey, Mississippi
2. Busing private and public schoolchildren in New
   Jersey
3. Nebraska is the only state with an unicameral
   state legislature
4. State liquor stores in Alabama

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FEDERALISM

• The chief advantage of federalism is that it
  allows and encourages local choice in many
  matters (roads, schools, communities) and also
  provides strength that comes from union (natural
  disasters, national defense, foreign affairs).

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DIVISION OF POWERS

• Provisions by the U.S. Constitution that
  separates power between the national government
  and the states.
• This was implied in the U.S. Constitution and
  spelled out in the 10th Amendment.

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DELEGATED POWERS

• Powers that are granted to the national
  government by the U.S. Constitution.
• There are 3 types of delegated powers
• Expressed Powers
• Implied Powers
• Inherent Powers

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EXPRESSED POWERS
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FOREIGN INVASION

• An attack on 1 of the 50 states is an attack on
  all of the United States.
• Example If Alabama is attacked by Cuba then the
  U.S. government would look at the situation as
  all 50 states were being attacked.

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DOMESTIC VIOLENCE

• The state can request federal help
• Example Race Riots of 1960s
• If a federal law has been broken the President
  might send in forces to restore order even if the
  state objects.
• Example 1957 President Eisenhower to integrate
  Central High School in Little Rock, Arkansas.
• Example 1963 President Kennedy to integrate the
  University of Alabama.

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TERRITORIAL INTEGRITY

• The national government has the obligation to
  respect the territorial integrity of each state.
• The national government cannot use territory that
  is part of an existing state to create a new
  state, unless the national government has
  permission from the legislature of the state
  involved.

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GRANT-IN-AID

• When federal land and money is given to state
  (also local) governments.
• The money or land usually has strings attached
  to it.
• Examples Morrill Act (1862) gave land to states
  for land grant universities.
• These have declined over last 4 Presidential
  administrations.

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BLOCK GRANTS

• Money given to states (also local) governments
  that have more general purposes and fewer
  strings attached.
• These have increased over the last 4 Presidential
  administrations.

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INTERSTATE COMPACTS

• A written agreement between two or more states.
• States can have agreements between each other if
  they are approved by Congress.
• Examples conservation, toll bridges, pollution
• This is stated in Article IV, Section 1.

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FULL FAITH AND CREDIT

• Requirement that each state accept and honor the
  validity of the public acts, records, and
  judicial proceedings of every other state.
• Examples birth certificates, deeds of property,
  marriage certificates, automobile registrations.
• This does not include enforcing another states
  criminal laws.

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2 EXCETPTIONS TO THE FULL FAITH AND CREDIT CLAUSE

1. Applies only to civil matters not criminal
   proceedings.
2. It is not gien to certain divorces.

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Williams v. North Carolina (1945)

• The U.S. Supreme Court ruled that a Nevada
  divorce did not have to be recognized in North
  Carolina because the parties had not established
  legal resident in Nevada under North Carolina
  law.
• In order for a divorce to be granted you must be
  a bona fide resident of that state and intend to
  reside there permanently, or at least
  indefinitely.

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EXTRADITION

• The legal procedure through which a person
  accused of a crime who has fled to another state
  is returned to the state where the crime took
  place.
• This is stated in Article IV, Section 2, Clause 2.

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Kentucky v. Dennison (1861)

• The U.S. Supreme Court ruled that a governor
  cannot be forced to act in an extradition case.

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• Refusal to extradite does happen but is not
  common.
• Example In 1978 Governor William Milliken (MI)
  refused to return a lady to Alabama where she had
  been sentenced to 30 years for a bank robbery in
  1942. She escaped and fled to Detroit in 1952.

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Interstate Citizenship

• A citizen of one state will not be discriminated
  against unreasonably by another state.
• This is stated in Article IV, Section 2, Clause
  1.
• Examples right to use courts, right to marry,
  right to travel, right to own and sell property

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ENABLING ACT

• Only the U.S. Congress has the power to admit new
  states to the Union.
• An enabling act is the first step in the
  admission procedure which, when passed by
  Congress and signed by the President, enables the
  people of a territory to prepare a constitution.

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ACT OF ADMISSION

• An act approved by Congress in which a territory
  of the United States is admitted into the Union
  as a State.

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• Each state enters the Union on an equal footing
  with each of the other states. Congress may
  impose restriction, but they may not be of a
  political nature.
• Examples 1896 Utah first had to outlaw
  polygamy, 1911 Arizona had to amend its state
  constitution regarding the recall of judges, 1803
  Ohio could not tax any public lands sold by the
  U.S. government within its borders for five years

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COYLE v. SMITH (1911)

• Oklahoma was admitted as a state in 1907.
• Congress said its capital Guthrie must remain
  until 1913.
• In 1910 the state moved its state capital to
  Oklahoma City.
• The U.S. Supreme Court ruled that Congress may
  set conditions for admission, but they cannot
  compromise the independence of a state to manage
  its own internal affairs.