2 Federalism and the Division of Power Section One
3 Federalism and Division of Power Federalism DefinedA system in which powers of government are divided between a national government and several regional or local governments.The Constitution reinforced a federal system with the 10th Amendment.
4 Federalism and Division of Power Federalism Defined (con.)Federalism allows local actions in matters of local concern and national action in matters of wider concern.
5 Federalism and Division of Power National Government is one of Delegated PowersIt has only those powers granted to it by the Constitution of the United States.Three types of delegated powers exist:Expressed, Implied, and Inherent
6 Federalism and Division of Power The Expressed Powers are powers that are clearly spelled out in the Constitution.Most are found in Article I Section 8Others are found in Article II, Article III, and various amendments like the 16th Amendment, which grants Congress the right to collect an income tax.Ex. Coin money, declare war, regulate foreign and interstate commerce etc.
7 Federalism and Division of Power The Implied Powers are powers reasonably implied by the “Necessary and Proper Clause.”Also known as the Elastic ClauseFound in Article I, Section 8, Clause 18Words have come to mean “convenient and expedient”Ex. Hydro-electric dams, interstate highway system, prohibiting racial discrimination in hotels and restaurants, etc..
8 Federalism and Division of Power The Inherent Powers are powers that belong to all sovereign states.Power to regulate immigration, deport aliens, acquire territory, diplomatic recognition of other states, protect nation, etc.
9 Federalism and Division of Power Powers Denied to the National GovernmentSome powers are expressly deniedArticle I, Section 9; Bill of Rights; cannot tax exports, etc.
10 Federalism and Division of Power Some powers are denied by silence of the Constitution and; therefore, belong to the states.Public education, marriage and divorce laws, set up units of local government
11 Federalism and Division of Power Some powers are denied because of the nature of the federalism system.Congress cannot tax any of the state or local government units in the carrying out of their governmental functions, because they could essentially tax a state government out of existence.
12 Federalism and Division of Power States are governments of Reserved PowersThe reserved powers are the powers held by the states in the federal system.Reserved powers are those neither expressly given to the National Government nor denied to the States.
13 Federalism and Division of Power Powers Denied to the StatesSome powers are denied expressly.Article I, Section 10; 13th, 14th, 15th, 19th, and 26th AmendmentsSome powers are denied due to the nature of the federal system.No State can tax a federal institution
14 Federalism and Division of Power The Federal System and Local GovernmentsGovernment in the United States operates on two levels, National and StateAll local governments are subunits of the State.The State governments are actually unitary governments
15 Federalism and Division of Power The Exclusive PowersThese are powers granted only to the National Government.The Exclusive Powers include most of the delegated powers.
16 Federalism and Division of Power The Concurrent PowersThese are powers exercised by both the National and State governments.Collect taxes, eminent domain, crimesConcurrent powers are exercised separately and simultaneously.
17 Federalism and Division of Power The Supreme Law of the LandThe Constitution stands above all other forms of law.The Supreme Court is the umpire in the federal system, deciding conflicts produced by the dual system of government.The Supremacy Clause binds the nation together into a federal state
18 The Supreme CourtThe Supreme Court is the umpire of the federal system.McCulloch v. Maryland (1819)Created the idea of National Supremacy
19 The National Government and the 50 States Section Two
20 National Government and the 50 States The Nation’s obligations to the States.Guarantee of a Republican form of government.Supreme Court will not define what that is
21 National Government and the 50 States Each State will have a representative government.Used after the Civil War to declare that several of the Southern States did not have a republican form of government and had to ratify the 13th, 14th, and 15th Amendments and broadened their laws to recognize voting and other rights of African Americans
22 National Government and the 50 States The Nation’s obligations to the States (con.)Protection against invasion and domestic violenceGuarantees federal involvement if any State is invaded by a foreign power, to quell internal conflicts, and natural disasters.
23 National Government and the 50 States Respect for Territorial IntegrityThe National Government is bound to recognize the legal existence and physical boundaries of each State.No State can be deprived of equal representation in the Senate without its consent.
24 National Government and the 50 States Admitting New StatesOnly Congress can admit new StatesA new State cannot be created by taking territory from one or more existing States without that State’s consent.Territory petitions Congress for AdmissionCongress passes an Enabling Act
25 National Government and the 50 States Admitting New States (con.)The territory writes a constitutionThe approval of the constitution by the voters of the territoryCongress passes an Act of AdmissionWhen signed by President, State becomes part of the United States.
26 National Government and the 50 States Admitting New States (con.)Congress can set conditions for the admission of new States.1896 – Utah – had to outlaw polygamy1959 – Alaska – Congress prohibited the State from ever claiming title to land held by a Native American
27 National Government and the 50 States Cooperative FederalismFederal Grants-In-AidProvides money or other resources to the States to carry out their many functionsBegan with the Northwest Ordinance of 1787 – set aside land for public education in the future States
28 National Government and the 50 States Continued with the Morrill Act of 1862Land grant colleges1808 – gave States $200,000 to support their militia.Set many new programs during the New DealMore than 500 programs exist today
29 National Government and the 50 States They permit the National Government to operate in areas in which it would have no constitutional authorityEx. Public education, mental health, low income housing.Categorical Grants – money to be used for a specific purpose. Ex. school lunchesConditional Grants – money granted if certain conditions are met. Ex. Race to the Top.
30 National Government and the 50 States Block Grants – money for the States with broadly defined purposes and few conditions. Ex. H.U.D. and community development.Revenue Sharing – virtually no strings attached – simply revenue shared with State and Local governments. Ended during the Reagan administration, largely replaced by block grants.
31 National Government and the 50 States Other Forms of AidThe Federal Government aids the States in other ways.Ex. FBI helping local law enforcement, “Lulu” grants, where the Federal Government holds lots of land and pays money in place of property taxes (in lieu of).
32 National Government and the 50 States State Aid to the Federal GovernmentViolations of national law, i.e. local government arresting federal criminals.Voting and elections.Citizenship.
34 Interstate Relations Interstate Compacts Interstate compacts are agreements among States and nonpolitical agreements with foreign nations.Some 200 compacts are now in force.Ex. New York and New Jersey joining in Port Authority of New York. Interstate Compact on Educational Opportunity for Military Children, which helps children of military personnel get equal educational opportunities.
35 Interstate Relations Full Faith and Credit State’s must honor one another’s public acts, or laws, records, and court actions.Exceptions – the Full Faith and Credit Clause applies only to civil, not criminal, matters and need not be applied to certain divorces granted by one State to residents of another State.
36 Interstate Relations Extradition Extradition is the legal process in which a fugitive from justice in one State is returned to that State from another.In the past, governors occasionally refused to return fugitives to another State; since 1987, the Supreme Court has held that governors must comply with federal order
37 Interstate Relations Privileges and Immunities A resident of one State may not be discriminated against unreasonably by another State.All citizens must obey the laws of all other States while in those States.
38 Interstate Relations Privileges and Immunities (con.) States can make reasonable discriminations against residents of other States.Ex. Higher tuition for out of state students, a period of residence for voting and practicing medicine, law, etc.In Ohio you must be a resident for 30 days prior to an election in order to vote.