Chapter 4Federalism

Caitlin Driver

Jeremy Kundert

Cameron Rebarchek

Section 1 Federalism: The Division of Power

Objectives

• Define federalism and explain why the Framers chose this system of government.

• Identify powers delegated to and denied to the National Government, and powers reserved for and denied to the States.

• Understand that the National Government holds exclusive powers; it also holds concurrent powers with the States.

• Explain the place of local governments in the federal system.

• Examine how the Constitution functions as “the supreme Law of the Land.”

Section 1Federalism: The Division of Power

What is Federalism?

• Federalism is 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.

• Federalism allows local action in matters of local concern, and national action in matters of wider concern. It also sets up a division of powers between national and state governments.

Section 1Federalism: The Division of Power

Identify National/State Powers

• The National Government only has powers that are delegated to it by the Constitution

• In Article 1, Section 8, the Constitution gives Congress the expressed power to lay/collect taxes, to coin money, to regulate foreign/interstate commerce, to raise and maintain armed forces, and more.

• Implied powers are given through the Necessary and Proper Clause (i.e. regulation of labor-management relations and building of hydroelectric power dams.

• Inherent powers include regulation of immigration because it is suggested by the expressed power to regulate foreign trade.

Section 1Federalism: The Division of Power

Identify National/State Powers (cont’d)

• The States are given reserved powers which are not granted to the National government nor denied to the States.

• States can forbid marriage under 18 without parental consent or prohibit alcohol sales to those under 21.

• However, no state can enter into a treaty, alliance, or confederation. States cannot print or coin money or deprive a person of life, liberty, or property without due process of law.

Section 1Federalism: The Division of Power

Exclusive/Concurrent Powers

• Exclusive powers are given to the National government alone and cannot be exercised by the states. Such powers include the coinage of money, making of treaties, and laying duties on imports.

• Concurrent powers are shared by both the National and state governments. Such powers include the levying of taxes, defining crimes and setting punishments, and condemning private property for public use.

Section 1Federalism: The Division of Power

Local governments in federalism

• Local government can provide services, regulate activities, collect taxes, and do many other things. However, it can only do these things because the state has given it the power to do so.

• When local governments exercise their power, they are actually exercising State powers.

• Every state has a unitary form of government– a central government that creates local units of government for its own convenience.

Section 1Federalism: The Division of Power

Constitutional functions in the law of the land

• The Constitution stands above all other forms of law in the United States. Acts of Congress and treaties stand immediately under it.

• The Supremacy Clause joins the national government and the states into a single governmental unit, a federal government.

• The Supreme Court acts as an umpire in the federal system.

• McCulloch v. Maryland helped to preserve the federal system in the debate of the establishment of a national bank.

Section 2The National Government and the

50 StatesObjectives

• Summarize the obligations that the Constitution places on the nation for the benefit of the United States.

• Explain the process for admitting new States to the Union.

• Examine the many and growing areas of cooperative federalism.

Section 2The National Government and the

50 StatesObligations of the Nation

• The National Government must “guarantee to every State in this Union a Republican Form of Government.”

• The National Government must also provide protection for each State against invasion and internal disorder.

• The National Government is also constitutionally bound to respect the territorial integrity of each of the States.

Section 2The National Government and the

50 StatesAdmitting New States

• Only Congress has the power to admit new states into the Union.

• A new state cannot be created by taking territory from one or more of the existing states without the consent of the state’s legislature.

• To be admitted, an area must request statehood. Then Congress can pass an enabling act to have the people frame a Constitution. After a Constitution is approved by the area, it is sent to Congress. Then an act of admission may be passed.

• Congress can set conditions before a state is admitted (i.e. Utah had to outlaw polygamy (having more than one spouse at a time).

Section 2The National Government and the

50 StatesAreas of cooperative federalism

• There are many grants-in-aid programs that grant federal money or other resources to the states. These grants often help them perform everyday activities.

• Congress can also give an annual share of the huge federal tax revenue to the states known as revenue sharing.

• There are three types of federal grants:1. Categorical grants are made for some specific, closely defined purpose (i.e. school lunches or airport construction).2. Block grants are made for much more broader defined purposes, such as health care, social services, or welfare.3. Project grants are grants made to states, localities, or private agencies that apply for them (i.e. for scientific research on cancer).

Section 3Interstate Relations

Objectives

• Explain why States make interstate compacts.

• Understand the purpose of the Full Faith and Credit Clause.

• Define extradition and explain its purpose.

• Discuss the purpose of the Privileges and Immunities Clause.

Section 3 Interstate Relations

Interstate compacts

• Even though states cannot enter into treaties, alliances, or confederations, they can enter into interstate compacts with the permission of Congress.

• All 50 States have entered into the Compact for the Supervision of Parolees and Probationers and the Compact on Juveniles, allowing them to share important law-enforcement data.

• Other compacts’ subjects include coordination for the development of such resources as fish, wildlife, water, and oil; prevention of forest fires; combat pollution; provision for tax collections; promotion of motor vehicle safety; and much more.

Section 3Interstate Relations

Full Faith and Credit Clause

• “Full Faith and Credit shall be given in each state to the public acts, records, and judicial proceedings of every state.”

• One example is that a person can prove age, place of birth, marital status, title to property, and similar facts by securing the necessary documents from the state where the record was made. It will be recognized in all 50 states.

• The Full Faith and Credit Clause most often comes into play in court matters.

• In Williams v. North Carolina, the Supreme Court upheld North Carolina’s decision to deny full faith and credit to the Nevada divorces.

Section 3Interstate Relations

Extradition

• Extradition is the legal process by which a fugitive from justice in one State is returned to that State. This was designed to prevent a person from escaping justice by fleeing a State.

• In Kentucky v. Dennison, the Supreme Court said that the federal government cannot order a governor to return in a fugitive.

• In Puerto Rico v. Branstad, the Supreme Court overturned their previous ruling and state that the government can indeed order a government to extradite a fugitive.

Section 3Interstate Relations

Privileges and Immunities Clause

• The Privileges and Immunities Clause means that no State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States.

• Each state must recognize the right of any American to travel in or become a resident of that state.

• However, a state can require a person to live within the state for some time before he or she can vote or hold public office (reasonable distinction).

Sample Chapter Test

Jot down your answers as the correct answers will be displayed at the end.

1. Which kind of grant-in-aid has to be applied for?

a. a categorical grant

b. a project grant

c. revenue sharing

d. a block grant

2. Powers that are shared by both the National Government and the States are called

a. concurrent powers.

b. inherent powers.

c. expressed powers.

d. reserved powers.

3. A person robs a bank in Mississippi and drives to Tennessee. The legal process by which Tennessee police will return the person to Mississippi to stand trial is called

a. grants-in-aid.

b. checks and balances.

c. federalism.

d. extradition.

4. A State university may charge an out-of-state student higher tuition than an in-state student. The Constitution allows this distinction under the

a. Privileges and Immunities Clause.

b. Full Faith and Credit Clause.

c. First Amendment.

d. Preamble.

5. Federalism produces a dual system of government in whicha. power is delegated to the National Government by the States. b. power is delegated to the States by the National Government. c. the Federal Government and the State Government both exert their authority. d. the powers of government are distributed among three branches.

6. Expressed, implied, and inherent powers are different types ofa. powers delegated to the National Government in the Constitution. b. powers reserved for the States. c. powers that are all deemed to be 'necessary and proper.' d. powers that are all shared by the States and the National Government.

7. A legal action taken in one State will be respected in another. This is called thea. Privileges and Immunities Clause. b. Supremacy Clause. c. Full Faith and Credit Clause. d. concurrent powers section.

8. The reserved powers belong to thea. National Government. b. States. c. Congress. d. President.

9. Which of the following is NOT an example of cooperative federalism?a. Many highway projects are funded by both the State and federal governments. b. School lunch programs are supported by State and federal sources. c. Citizens pay State and federal taxes in most States. d. State and local police cooperate with the FBI to catch criminals.

10. The process of admitting a new State begins witha. an invitation from Congress. b. congressional review of the potential State's constitution. c. the area's residents asking Congress for admission. d. a vote in neighboring States.

11. What is the constitutional division of powers?a. the creation of the three branches of government b. the delegation of specific powers to the National Government c. the powers given to the National Government simply because it is the National Government d. the assigning of certain powers to the National Government and certain powers to the States

12. States must honor each other's laws and court decisions according to thea. Fifth Amendment. b. Full Faith and Credit Clause. c. Privileges and Immunities Clause. d. act of admission.

13. In the 1800s, the National Government gave many States land to sell to fund State universities. This action is an example of

a. an enabling act. b. a grant-in-aid program. c. an act of admission. d. revenue sharing.

14. A scientific institute engaged in cancer research might apply fora. a block grant. b. a project grant. c. revenue-sharing money. d. a land grant.

15. Compare categorical grants with block grants.a. Categorical grants fund specific programs while block grants fund general purposes. b. Categorical grants serve more people than block grants. c. Categorical grants and block grants both require a state to match the federal funds. d. Welfare is an example of a categorical grant-funded program, while the school lunch program is an example of a block grant program.

16. The agreement made between New York and New Jersey to create the Port of New York Authority is a(n)

a. interstate compact. b. confederation. c. treaty. d. illegal alliance.

17. A new State may not be createda. without the permission of all existing State legislatures. b. without a constitutional amendment. c. without a favorable decision by the Supreme Court. d. from the territory of an existing State without its permission.

18. What part of the Constitution stops each State from discriminating against residents of other States?

a. the Privileges and Immunities Clause b. the Full Faith and Credit Clause c. the First Amendment d. the Preamble

19. Which of the following is an example of a concurrent power held by both the National Government and the States?

a. regulating interstate trade b. conducting local elections c. collecting taxes d. declaring war

20. The provision stating that judges will be bound by the Constitution if a national and a State law conflict is called

a. a concurrent power. b. the Supremacy Clause. c. an interstate compact. d. an act of admission.

Answers1. B.

2. A.

3. D.

4. A.

5. C.

6. A.

7. C.

8. B.

9. C.

10. C.

11. D.

12. B.

13. B.

14. B.

15. A.

16. A.

17. D.

18. A.

19. C.

20. A.

Sources

All slide information was taken from…

Magruder’s American Government Textbook

Sample test was taken from…

http://www.phschool.com/webcodes10/index.cfm?

fuseaction=home.gotoWebCode