FEDERALISM

Why do we have Federalism? The framers wanted to find a way in which

to preserve the sovereign powers of the state governments, but make the country more unified and efficient in government matters.

They wanted a strong central government, like Britain had, but wanted to keep the state governments as a strong entity as well.

Also, this would help to limit the powers of the central government.

Federalism Defined

Federalism is a system in which the power to govern is shared between national and central (state) governments, creating what is often called a federation (union)

The framers of the constitution divided up the powers of the government between itself and the states.

The 10th Amendment to the Constitution grants the states certain powers of government.

Therefore, the state and national governments both provide rules and regulations over a specific area and share the power between themselves.

Expressed Powers of the National Government

Expressed powers, also called enumerated, are those expressively written in the constitution.

Congress’s powers include to make and collect taxes, coin money, regulate foreign and interstate commerce, raise and maintain the military, declare war, sign treaties, fix a standard of weights and measures, grant patents and copyrights, borrow money, bankruptcy and citizenship laws, stop counterfeiting, run the post office, and create national laws.

The president’s powers include being the commander in chief of the military, grant pardons, appoint federal officials, and negotiate treaties as head of state.

Implied Powers of the US Government

Not expressively stated in the Constitution but are suggested.

Necessary and proper clause: “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 in the

government of the United States, or in any department or officer thereof.”

This has included things like building the interstate system, laws against kidnapping, racial

discrimination, crimes over state lines, national bank, piracy, etc.

Inherent Powers of the National Government Powers given to the national

government because it is a sovereign nation.

This includes regulating immigration, granting diplomatic recognition to foreign nations, stop a rebellion, trade with other nations, etc.

Powers Denied to the Federal Government The federal government is limited in what it can

do. The government cannot put a tax on exports,

prohibit freedoms spelled out in the Bill of Rights, or change rights and powers that are set up by the states per the Constitution (unless changed by a constitution amendment).

Also, the national government cannot take any action that would threaten the existence of our nation. (such as a tax on state and local governments in carrying out government functions).

Question Time 1. Why is power broken down between the states

and the national government?

2. What things can the federal government not do?

3. What does it mean for a power to be implied? Give an example.

4. What is an inherent power? Give an example.

5. What is an expressed power? Give an example.

Powers Reserved to the States

The 10th Amendment gives and reserves certain powers to the state governments. These are called the reserved powers.

The national government has no power to make or restrict any of these reserved powers.

All other powers not expressively written in the constitution are given to the states.

Mostly, these laws deal with moral, social, health, and safety issues.

Examples of Powers Reserved to the States Oregon and NJ do not allow you to pump

your own gas. Oregon allows doctor assisted suicide. ND doesn’t require you to register to vote. Nebraska is the only state with a unicameral

legislature. AK, DE, NH, MT, and OR do not have sales

taxes. AK, HA, ND, MN, IA, WI, MI, WV, VT, ME, NJ,

NM, and RI do not have the death penalty.

Powers Reserved to States

These powers include setting speed limits, granting marriages and divorces, property tax values, gambling laws, taxes, zoning laws, etc.

Most laws and actions taken by a government is done at the state and local levels.

This gives that states some powers as well, however federal law supersedes any and all state laws.

Powers Denied to the States States cannot enter into a treaty, form an

alliance or confederation, or declare war on another nation.

States are forbidden to deprive anyone of their natural or civil rights.

States cannot coin money. States cannot tax the federal government or

order the federal government around. State governments are also limited by their

own constitutions.

Question Time

6. Give five examples of powers given to the states.

7. Give two examples of powers denied to the states.

8. Why are the states different in the things they allow/ban?

Exclusive and Concurrent Powers Exclusive powers are those that the

state and national governments run alone (we covered those)

There are some powers that the state and federal governments share.

They can collect and levy taxes, borrow money, establish and run courts, define crimes and punishments, and claim private property for public use.

These powers are exercised separately but simultaneously at the same time.

As always, federal government comes first.

Federal Systems and Local Governments

US government is broken down by federal, state, and local levels all

working together. The states create and authorize local government “units” (counties,

towns, cities, villages, etc.) Local governments can also provide

services, regulate activities, collect taxes, however it can do these

things only with the state’s permission.

Supremacy Clause

Article 6 of the Constitution: 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 the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Supreme Court and Federalism

The job of the Supreme Court is to interpret and defend the Constitution.

The Marshall Court in the early 1800s presided over many cases to determine the power of the national government.

McCulloch vs Maryland (1819)

Question Time

9. Why is the supremacy clause so important to how our nation is run?

10. Give an example of a concurrent power.

11. How do local government relate to the state and national governments?

The Nation’s Obligations to the States The US government will help the states

in a time of disaster. The government protects the states in a

time of war and civil unrest in order to protect its citizens.

The government respects and recognizes the boundaries of every state state and territory.

The government allows representation for all US states in Congress and cannot deny that.

Admitting New States

VT, KY, TN, WV, and ME were all carved from other states.

Texas joined as an independent nation. An enabling act is passed by Congress

allowing the citizens in a territory to form a constitution.

This state constitution is put to a vote by the citizens in the territory. If it passes, it is submitted to Congress for statehood consideration.

The President will sign the act and create a new state.

Every state is equal to each other. Congress can impose certain provisions

on a prospective state. HR 2499 has passed the House and

moved to the Senate. This will allow Puerto Rico the opportunity to consider statehood. Died in Jan 2011.

Cooperative Federalism The states and federal government

compete for resources, mostly time and projects.

Grants-in-aid are given out to help local and state governments pay for things (New Deal, Stimulus Money, Morrill Land Act and Northwest Ordinance).

Projects can be small things like building a hospital or roads, helping health concerns or big things like Boston’s Big Dig.

Cooperative Federalism

Another form of aid is revenue sharing. Here, the federal government gives

some of the income tax revenues to the states and local governments with no string attached.

These funds were popular up until Ronald Reagan was president who cancelled them to fight the growing federal budget deficit.

Cooperative Federalism Federal grants are another way for Congress to give

money out. Categorical Grants can come with strings attached to

get a specific purpose done, with matching funds by the local government, uses an agency to oversee the project, and has specific guidelines to be met.

Block grants are huge sums of money given to local governments to spend as they feel.

Project grants are given to local and state governments, as well as agencies. These grants must be applied for.

Interstate Relations States can make agreements, or compacts

within themselves (Port Authority of NY-NJ) to manage certain things.

States all have extradition compacts with each other.

Some states join together for environmental or law enforcement issues.

States cannot draw unreasonable distinctions between residents of states nor give special treatment to their own residents.

Question Time 12. How does the national government help

support local government projects?

13. How can states work on projects together?

14. Define cooperative federalism.

15. What obligation does the national government have to the states?