3 Why Federalism?The Framers were dedicated to the concept of limited government. They were convinced….That governmental power poses a threat to individual libertyThat therefore the exercise of government power must be restrainedAnd that to divide governmental power, as federalism does, is to curb it ad so prevent so abuse.
4 FederalismSystem 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 provincesThe Constitution provides for a division of powers, assigning certain powers to the National Government and certain powers to the States
5 Powers of the National Government The National Government is a government of delegated powers, meaning that it only has those powers delegated (granted) to it by the Constitution.There three types of delegated powers
6 Delegated Powers Expressed Powers Implied Powers Inherent Powers Those found directly with in the ConstitutionImplied PowersNot expressly stated in the Constitution, but are reasonably suggested, or implied by, the expressed powersInherent PowersPowers, that overtime, the National Government has come to possesEx: immigration regulation
7 Powers Denied to the National Government Power is denied in three distinct waysSome powers like the power to levy (tax) duties on exports or prohibit the freedom of religion, speech, press, or assembly, are expressly denied to the National Government in the Constitution.Also, some powers are denied because the Constitution is silent on the issueSome powers are denied b/c the federal system does not intend the national Government to carry out those functions
8 The StatesPowers Reserved to the StatesPowers Denied to the States10th amendment declares that the States are governments of reserved powersThose powers the Constitution does not grant to the National Government and does not at the same time, deny to the statesPowers denied expressly and inherently
9 Exclusive and Concurrent Powers Exclusive PowersConcurrent PowersPowers that can exercised by the National Government aloneEx: making coin money, treaties w/ foreign states, and to lay taxes on importsPowers both National Government and States posses and exerciseEx: Levy and collect taxes, define crimes and set punishments, and claim private property for public use.
10 Local GovernmentThere are more than 87,000 units of local government in the United States today.Each of these local units is located within one of the 50 States. Each state has created these units through its constitution and lawsLocal governments, since they are created by States, are exercising State law through their own means.
15 The Nations Obligations to the States Republican GovernmentThe Constitution requires the National Government to “guarantee to every state in this Union a Republican form of government”Invasion and Internal DisorderThe National Government is also required to provide defense of the States from foreign invasion, and aid in protecting against “domestic violence.”Go in when asked or if national laws are being broken, national functions being interfered with, or national property being damagedNatural disastersRespect for Territorial IntegrityThe National Government is constitutionally bound to respect the territorial integrity of each of the States.
16 Admitting New StatesOnly Congress has the power to admit a new State to the Union.State asks congress for permissionCongress passes an enabling act, an act directing the people of the territory to frame a proposed state constitutionIf congress agrees to statehood after reviewing the submitted state constitution, it passes an act of admission, an act creating a anew state.Congress can not put restriction of a political nature on the States AdmissionCoyle v. Smith – Says the National Government can put restrictions on State Admission but they can not compromise the independence of the state to manage its own internal affairs
17 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-AidRevenue SharingGrants-in-Aid programs are grants of federal money or other resources in the States and/or their cities, countries, and other local unitsRevenue sharing, used between 1972 and 1987, gave an annual sharing of federal tax revenues to the States and their local government.
18 The Nation’s Obligations to the States Categorical GrantMade for some specific, closely defined purpose, such as school lunch programs or the construction of airports, or water treatment plants. There are usually conditions, or “strings” attached to regulate the use of these funds.RestrictionsUse money only for specific purposesStates must make its own monetary contributionProvide an agency to administer the grantObey a set of guidelines made for the particular purposes for which the money was given
19 The Nation’s Obligations to the States Block GrantsPortions of money allocated to States to use for broader purposes, such as health care, social services, or welfare. Block grants often are granted with fewer strings attached.Project GrantsProvided to states, localities, and sometimes private agencies that apply to them. They are used for a variety of purposes ranging from medical research to job training and employment programs.
20 Other Forms of Aid FBI Army and Air Force Census Bureau Lulu payments- federal money which goes to local governments where there are large federal landholdings.Take place of property taxes
22 Interstate CompactsNo state may enter into any treaty, alliance. Or confederationHowever, the states may, with consent of Congress, enter into inter state compacts- agreements among themselves wand with foreign statesMore than 200 compacts are now in force and range in a variety of uses from sharing law enforcement data to resources development and conversation.
23 Full Faith and CreditThe Full Faith and Credit Clause of the Constitution ensures that States recognize that laws and, documents, and court proceedings of the other StatesThere are two exceptions to the clause though:One State cannot enforce another State’s criminal lawsFull faith and credit need not e given to certain divorces granted by one State to residents of another State.
24 ExtraditionExtradition is the legal process by which a fugitive from justice in one State is returned to that StateExtradition is upheld through Article IV, Section 2, Clause 2 of the Constitution.Governors are the State executive that handle the extradition processIf a governor is unwilling to return a fugitive to a State, federal courts can intervene and order that governor to do so.
25 Privilege and Immunities The privileges and Immunities Clause provides that no State can draw reasonable distinctions between its own residents and those persons who happen to line in other statesStates cannot, for example, pay lower welfare benefits to newly arrived residents than it does to its long-term residents, Saebs v. Roe, 1999However, States can draw reasonable distinctions between its own residents and those of other space, such as charging out-of-state residents higher tuition for state universities.