1. Magruder’s American Government
C H A P T E R 4 Federalism

2. Why Federalism?
The Framers were dedicated to limited government They were convinced:
(1) governmental power threatens individual liberty,
(2) governmental power must be restrained, and
(3) to divide governmental power is to curb it and prevent its abuse.
Chapter 4, Section 1

3. Federalism Defined
Federalism: the powers of government are divided between a national government & regional governments.
The Constitution provides for a division of powers, the National Government has certain powers & States have certain powers.
Chapter 4, Section 1

4. Powers of the National Government
The National Government has delegated powers, meaning that it only has those powers in the Constitution. There are three types of delegated powers:
Expressed powers are found directly in the Constitution.
Implied powers are not in the Constitution, but are reasonably implied by expressed powers.
Inherent powers belong to the Government because all sovereign states have these powers. There are few inherent powers, with an example being the National Government’s ability to regulate immigration.
Chapter 4, Section 1

5. Powers Denied to the National Government
Powers are denied to the National Government in 3 ways:
Powers like to levy duties on exports or prohibit the freedom of religion, speech, press, or assembly, are denied to the Government in the Constitution.
Some are denied to the Government because the Constitution is silent on the issue.
Some are denied to the Government because it doesn’t do those things in the federal system.
Chapter 4, Section 1

6. The States Powers Reserved to States
10th Amendment says States are governments of reserved powers.
Reserved powers are those the Constitution doesn’t give to National Government & doesn’t deny to States.
Powers Denied to States
Constitution denies many powers to the States.
Powers denied to States in much the same way as those denied to National Government; expressly & inherently.
Chapter 4, Section 1 *

7. Exclusive & Concurrent Powers
Exclusive Powers
Powers for the National Government alone are exclusive powers.
Examples: Coining money, making treaties, & duties (taxes) on imports.
Concurrent Powers
Concurrent powers are those that both National Government & States have & use.
Examples: levying & collecting taxes, defining crimes and setting punishments, & claiming private property for public use.
Chapter 4, Section 1

8. The Federal System and Local Governments
More than 87,000 local governments in the US today.
Each is within 1 of the 50 States.
Each State created these through its constitution & laws.
Local governments are exercising State law in their own way.
Chapter 4, Section 1

9. The Division of Powers
Federal system determines the way powers divided & shared between National & State governments.
Chapter 4, Section 1

10. The Supreme Law of the Land
Supremacy Clause establishes the Constitution & US laws as the “supreme Law of the Land.”
Chapter 4, Section 1 *

11. The Nation’s Obligations to the States
Republican Form of Government
The National Government is required to “guarantee to every State in this Union a Republican Form of Government.”
Invasion and Internal Disorder
It is also required to provide defense of States from invasion, & help against “domestic Violence” in States.
Respect for Territorial Integrity
It is constitutionally bound to respect territorial integrity of all States.
Chapter 4, Section 2

12. Admitting New States Only Congress can admit new States to the Union.
Congress 1st passes an enabling act: tells people of the territory to write a State constitution.
If Congress agrees with the submitted State constitution, it passes an act of admission, creating the new State.
Chapter 4, Section 2

13. Cooperative Federalism
Even though the basis of federalism is the division of powers between levels of government, there is still much cooperation between them.
Federal Grants-in-Aid
Grants-in-aid programs are grants of federal money or other resources to the States and/or their cities, counties, and other local units.
Revenue Sharing
Revenue sharing, used between and 1987, gave an annual share of federal tax revenues to the States and their local governments.
Chapter 4, Section 2

14. Congress appropriates money for 3 types of grants:
Federal Grants
Congress appropriates money for 3 types of grants:
Categorical Grants
Categorical grants are for a specific purpose, like school lunch programs or public construction projects. There are usually “strings” attached to the use of these funds.
Block Grants
Block grants are allocated to States for broader uses, like health care & social services. Block grants often have fewer strings attached.
Project Grants
Project grants are provided to entities that apply for them. They are for lots of purposes like medical research or job training programs.
Chapter 4, Section 2 *

15. Interstate Compacts
No State may enter into any treaty, alliance, or confederation.
The States may, with consent of Congress, enter into interstate compacts—agreements among themselves & w/ foreign states.
200+ compacts are in force, & range from sharing law- enforcement data to resource development & conservation.
Chapter 4, Section 3

16. Full Faith and Credit
The Full Faith & Credit Clause ensures States recognize laws, documents, & court proceedings of other States.
2 exceptions to the clause:
(1) States cannot enforce another State’s criminal laws.
(2) Full faith & credit not required for certain divorces in a State to residents of other States.
Chapter 4, Section 3

17. Extradition
Extradition is the legal process where a fugitive one State is returned to that State.
Extradition is upheld through Article IV, Section 2, Clause 2 of the Constitution.
Governors handle the extradition process.
If governor is unwilling to return a fugitive to a State, federal courts can order that governor to do so.
Chapter 4, Section 3

18. Privileges and Immunities
Privileges and Immunities Clause says no State can draw unreasonable distinctions between its residents & persons who live in other States.
States can’t pay lower welfare benefits to new residents than long-term residents, Saens v. Roe, 1999.
States can draw reasonable distinctions between its residents & others, like charging out-of-State residents higher tuition for State universities.
Chapter 4, Section 3