2 What is Federalism?Federalism is a system of dividing power between the central national government, and the regional state governments
3 Why do we use a Federalist System? Framers believed government was a threat to individual libertyGovernment must therefore be restrainedDividing the powers of government can limit it
4 Advantages of Federalism Allows local action in matters of local concernAllows people to be more connected to policymaking at the local levelCreates the chance to experiment with policies in a small area before applying them everywhere
5 Divisions of PowerThere are three kinds of power for the national governmentExpressed – written directly in the ConstitutionImplied – reasonably assumed from the expressed powersInherent – never mentioned in the Constitution, but always used by national governments
6 Divisions of PowerReserved Powers – the powers that are not given to the national government, and are thus reserved for the states
7 Powers of Government Expressed Powers (National) Print moneyRegulate interstate (between states) and international tradeMake treaties and conduct foreign policyDeclare warProvide an army and navyEstablish post officesMake laws necessary and proper to carry out the these powersReserved Powers (State)Issue licensesRegulate intrastate (within the state) businessesConduct electionsEstablish local governmentsRatify amendments to the ConstitutionTake measures for public health and safetyMay exert powers the Constitution does not delegate to the national government or prohibit the states from using
8 Powers of GovernmentConcurrent Powers (exercised by both national and state government)Collect taxesBuild roadsBorrow moneyEstablish courtsMake and enforce lawsCharter banks and corporationsSpend money for the general welfareEminent Domain - Take private property for public purposes, with just compensation
9 The Nation’s Obligations to the States The national government is Constitutionally required to guarantee the following things for the states:Republican form of government – basically means a representative government
10 The Nation’s Obligations to the States Protection from Invasion and Internal Disorder – federal government will use force when the state can’t handle a problemRespect for Territorial Integrity – it must legally acknowledge the existence and boundaries of the states
11 How to Admit New StatesCongress has the power to admit new states into the U.S.Therefore, Congress gets to set rules for what states must do to get admitted
12 Cooperative Federalism Sometimes, the state and national governments fight over powerThere are also ways that they help each other
13 Federal GrantsGrant – money from the federal government given to the statesThis money helps the states run programs like education and welfare without going brokeThe federal government sets conditions for receiving the grant, which gives it more influence over the state
14 Types of GrantsCategorical Grant – money for a specific, defined purposeBlock Grant – money for a broad purpose, few strings attachedProject Grant – money for programs like research or job training, could be given to universities or private businesses
15 Other Help for the States FBI helps state and local policeArmy helps National GuardCensus Bureau’s data is free research for the statesAnd more!
16 State help for the National Government All elections are paid for and run by the statesLocal police often catch the criminals the FBI is searching forNaturalization takes place in state courtsAnd more!
18 Full Faith and CreditThe “Full Faith and Credit” Clause is found in Article IVIt says that states must legally recognize each others’ public acts, records, and judicial proceedings
19 Exceptions to Full Faith and Credit Full Faith and Credit only applies to Civil cases, not criminal cases!States cannot punish someone on behalf of another stateStates do not have to recognize each others’ divorces if the people were not true residents of the state granting the divorce
20 Other RequirementExtradition – a fugitive from justice who flees a state must be returned to the state where he committed the crimeThis prevents criminals from being able to escape consequences of their actions
21 Privileges and Immunities Clause States cannot draw distinctions between their residents and citizens from other states
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