2 Federalism & the Division of Power The division of powers between the national government and the state governmentsThe Constitution established the federal system in the 10th AmendmentFederalism allows local action in matters of local concern and national action in matters of wider concern.Alaska may have laws dealing with Moose in the streetsThe United States has a minimum voting age in national elections set at 18 (26th Amendment)
3 The National Government is one of Delegated Powers The expressed powers are those powers that are clearly spelled out in the ConstitutionThe implied powers are the powers reasonably implied by the ‘necessary and proper’ power given to Congress.The inherent powers are the powers that belong to the National Government because it is the national Government
4 Powers Denied to the National Government Expressly DeniedExample: There is NO tax on exportsDenied by Silence of the ConstitutionExample: Now power to create a national school systemSome powers are denied because of the nature of the federal systemExample: National Government cannot tax the state governmentsEstablished with McCulloch v Maryland, 1819 – the Supreme Court ruled that the Maryland could not tax the National Bank of the United States located within it’s state boarders because the ‘power to tax is the power to destroy’. This case upheld the Implied powers and the Supremacy Clause
5 States are Governments of Reserved Powers The Reserved Powers are the powers held by the States in the federal systemExample: Marriage LawsThey are those neither expressly given to the National Government nor denied to the StatesExample: Licensing of ProfessionalsPowers Denied to the StatesExpressly DeniedExample: States cannot make treaties with foreign nationsInherently DeniedStates cannot tax the National GovernmentAgain, established with McCulloch v Maryland, 1819
6 The Federal System and Local Governments Government in the United States operates on two levelsNationalStateAll local units are subunits of the StateCountyCityCity of Woodstock
7 Exclusive PowersThese are powers granted only to the National GovernmentExample: Coining and Printing moneyThe Exclusive Powers include most of the delegated powers
8 Concurrent PowersThese powers are held by both the National and State governmentsExample: the power to taxConcurrent powers are exercised separately and simultaneously
9 The Supreme Law of the Land The Constitution stands above all other forms of lawThe Supreme Court is the umpire in the federal system, deciding conflicts produced by the dual system of government
10 The National Government & the 50 States The Nation’s obligations to the StatesGuarantee of a republican form of governmentProtection against invasion and domestic violenceExample: Sending in the National Guard after a natural disasterRespect for territorial integrityThe National Government is bound to recognize the legal existence and physical boundaries of each stateNo State can be deprived of equal representation in the Senate without its consent.
11 Admitting new states Procedure Area asks for admissionCongress passes an enabling actArea writes state constitutionArea voters pass state constitutionCongress passes an act of admissionPresident signs the act of admission making it officialCongress can set conditions for admission
12 Cooperative Federalism/Grants-in-Aid Project Grants are grants of money or other resources from the National Government to States or other local governments and may be specified for specific purposes and may be limited if certain conditions are not met.Example: Using stimulus money to repair streets and roadsBlock Grants are federal grants to states or other local governments with broadly defined purposes and with few conditionsExample: Preventative Health and Health Services
13 Revenue Sharing was a program in place from 1972 under President Nixon until 1987 under President Reagan. It had virtually no strings attached and was simply money shared with the States or local governmentsLulu Payments are payments the National Governments make to state and local governments in lieu of tax money that cannot be collectedKennesaw Mountain National Park/property taxes
14 State aid to the national government occurs in instances where States help the national Government, as when State or local law enforcement agencies hold prisoners wanted for violating national laws.
15 Interstate Relations Interstate Compacts These are state agreements with other states or foreign nationsExample: GA, FL, and AL have an interstate compact on water usage from the Chattahoochee RiverNew York and Canada have an interstate compact on the use and care of Niagara Falls.There are approximately 200+ interstate compacts in force today.
16 Full Faith and CreditStates must honor one another’s public acts, public records, and judicial proceedings.Example: Marriage licenses and birth certificatesExceptions: The Full Faith and Credit Clause only applies to civil, not criminal matters
17 ExtraditionThe legal process where a fugitive from one state is hiding in another state. The state he’s hiding in is going to turn him back over the state that he’s wanted in.Governors used to sometimes refuse to return fugitives to another state, but since 1987, the Supreme Court has held that unwilling governments must comply with an extradition order issued by a federal court.
18 Privileges and Immunities A resident of one state may not be discriminated against unreasonably by another state.Example: buying a houseAll citizens must obey the laws of all other States while in those StatesExample: speed limitsStates can make reasonable distinctions against residents of other StatesExample:higher hunting and fishing license fees for non-residentsOut-of-state tuition fees at colleges and universities