Ch 4 The Federal System

Ch 4 S 1 National and State Powers

Federalism

● Division of power between the National (Federal) and State governments

!● Produces a dual system of government

!● Set out in the Constitution

Division of Power

● Certain powers assigned to National Government and certain powers assigned to the States

!● Certain powers shared between National

and State governments

Why Federalism?

● New Central Government needed

● Strong ● Preserve strength of states ● Curb government power abuse

Strength of Federalism

● Local action on matters of local concern

● National action on matters of wider concern

Powers of the National Government

● Delegated Powers

● Expressed ● Implied ● Inherent

Expressed Powers

● Spelled out by Constitution (97)

Implied

● Not expressed in Constitution

● Suggested by the Expressed Powers

● Necessary and Proper Clause aka Elastic Clause

Inherent Powers

● Belong to National Government because it is the government of a sovereign State

● Regulate immigration ● Deport undocumented aliens ● Acquire territory ● Grant diplomatic recognition ● Protect nation against rebellion

● Implied by one or more expressed powers

Powers denied to the National Government

● Those expressly denied in the Constitution

● Those denied because of silence of Constitution

● Those denied because of federal system

The States

● Reserved Powers (97)

● 10th Amendment ● Have broad powers; given up for $

● 1 Expressed Power

● Regulate the manufacture, sale & consumption of alcoholic beverages

● Denied Powers

● Expressed

Exclusive Powers

● Most powers that Constitution delegates to National Government

● Exercised by National Government alone

Concurrent Powers

● Powers both possessed and exercised by the National and State Governments (97)

Local Government

● Part or subunit of State Government

● Does not exist apart from parent State

● Exercises States’ powers

● Reserved and 1 Expressed

The Constitution

● Is the supreme law of the land

● The Supremacy Clause ● Stands above all other forms of law in the

U.S.

● Acts of Congress & treaties stand beneath

● The Supreme Court settles conflicts of dual system using

Nation’s Obligation to the States

● Republican form of government

● Protect States from invasion and internal disorder

● Respect territorial integrity of each State

Admitting new States

● Only Congress has power to admit new States

!● Once admitted every state is equal to

other states and controls internal affairs

Obligations of the States

● Conduct and pay for elections of national government officials-Congress, President

!● Amending the Constitution

Ch 4 S 2 Relations Among the States

Interstate Relations

● Article IV requires states to do the following:

● Full Faith and Credit ● Privileges and Immunities ● Extradite

Full Faith and Credit

● Constitutional requirement that each State accept the public acts, records, and judicial proceedings of every other State

● Exceptions

● Civil not criminal matters ● Divorces granted by one State to residents of

another State

Privileges and Immunities

● No State can draw unreasonable distinctions between its own residents and those who live in other States

● Reasonable distinctions

Extradition

● Fugitive from justice in one State is returned to that State

● Designed to prevent a person from escaping justice by fleeing a State

Interstate Compact

● Written agreements between two or more states

● National government or foreign governments may be a part

● States cannot enter into a treaty, alliance or confederation without Congress’ consent

Lawsuits Between States

● Suits among two states are heard in the Supreme Court

● Ex. Water rights, sewage, one state polluting another state, boundary lines, etc.

Ch 4 S 3 Developing Federalism

Different views on how federalism should operate

States’ Rights !

● State and local action in dealing with problems

● Constitution is compact amongst states

● States created national government and only gave it certain limited powers

● When conflict occurs about power it should be given to state

● States closer to people and reflect wishes than national government

● National government heavy handed and threat to individual liberty

Nationalist Position !

● National action in dealing with major social and economic problems

● Constitution not merely a compact among states

● People created national government

● Expressed powers should be expanded as necessary

● State powers should not stop how national government uses its powers

● National government speaks for all, states for only part of people

Arguments in favor of States’ Rights Arguments in favor of Nationalist Position

•Choose the position above that you most favor and share why. •What position should be taken when deciding:

•Abortion •Gay Marriage •Internet Tax •Assisted Suicide •Death Penalty

States’ Rights vs Nationalist Position

!!

Both views have influenced Supreme Court and its rulings

Growth of National Government Power

● Has come at expense of state power

● Because of ability to stretch Constitution to meet needs of the country

● Following used to increase national power:

● War Powers ● Commerce Power ● Taxing Power

War Powers

● National government (Congress) given authority to wage war

● Creating a national defense system is complex

● National government can claim necessity of being involved in education and the economy to ensure nation can protect self

Commerce Power

● Commerce-any activity connected with producing, buying, selling and transporting goods

● Used for authority behind Civil Rights Act of 1964

Taxing Power

● Congress has authority to raise taxes and spend money to promote the general warfare of the country

● 16th Amendment to levy income tax

● Major revenue for national government ● Congress uses power to regulate

business

● Congress uses power to influence states

Federal Aid to the States

● 2 ways Congress influences the policies of the states

● Provides federal grants of money ● Mandate (require) state and local

governments to follow certain policies

Types of Federal Aid

● Land grants to support colleges ● Federal grants

● money given to state or local governments for specific purposes (improve roads)

● Redistribute (allocate) income tax money among the states

● Help reduce inequalities ● Process of allocation can be political

● Competitive ● Conditions/States give up power (Preemption)

Preemption Laws

● Federal government’s ability to take over a state government function

● Can limit state and local authority by restraining their power or by mandating them to do certain things

● Examples of use of preemption

● Disliked by states’ rights advocates

Other Federal Aid

● National to State Government

● FBI assists State and local law enforcement ● Army/Air Force equip & trains National Guard ● Census Bureau gives data ● “Lulu payments”

Other Federal Aid

● States to National Government

● National elections held in each State ● Naturalization of aliens to become citizens ● State/local police pick up those sought by the

FBI

Ch 4 S 4 4 Federalism and Politics

Federalism and Public Policy

● Public policy-government course of action to address problem/issue

!● Federalism influences how and where

policies made

!● Federalism places certain limits on policy

making

Public Policy

● Often originates at the national level !

!● Congress can impose policy on states if

local groups resist a federal law that infringes on basic rights

● Examples

Federalism and Political Parties

● Makes it possible for different parties to be victorious in local, state and federal elections

!● Lessens the risk of one party having a

monopoly of political party

Political Participation

● Federalism increases ways for citizens to participate in politics

● Run for office locally ● Lobby state government ● Campaign for candidate for national office !

● Federalism increases chances of impact on politics = more people getting involved

Federalism’s Bureaucrats

!!!More public policy = large bureaucracy

Differences Among States

● Federalism allows for real economic and political differences among the states

!● Permits each state freedom in arranging

its own internal affairs

The Direction of Federalism

● Debate over proper division of power

!● Democrats favor federal grants targeted

at specific issues

!● Republicans prefer relying on judgment of

state and local authorities