Basics of federalism 2 sets of government for one people on one land2 sets of government for one people on one land Different levels make final decisionDifferent levels make final decision Each layer of government is sovereignEach layer of government is sovereign Relationship seen as tense rather cooperativeRelationship seen as tense rather cooperative

Federalism: Divides power on a territorial basis Divides power on a territorial basis 10th Amendment Local Action → Local concerns National Action → Wider concerns

Reasons for Federalism Checks growth of tyrannyChecks growth of tyranny Allows for experimentationAllows for experimentation Keeps government closer to the peopleKeeps government closer to the people Various access points for participationVarious access points for participation

Powers of the National Government Delegated Powers: those granted by the Constitution – Expressed or “Enumerated” Powers: word for word (Ex. Coin money, collect taxes, make treaties, etc.) – Implied Powers: Not stated but, suggested Ex. “Necessary & Proper” Clause or “Elastic Clause” – Interstate Highways or Kidnapping across state lines – Inherent Powers: Not stated but, are powers historically possessed by national governments

Basics of federalism Delegated/Enumerated/Ex pressed powers vs Reserved powersDelegated/Enumerated/Ex pressed powers vs Reserved powers Authority of those powers: Article I Section 8 vs 10 th amendmentAuthority of those powers: Article I Section 8 vs 10 th amendment Existence of Concurrent PowersExistence of Concurrent Powers

Interpretations of Federalism: Loose or strict Article I Section 8 Expressed/Enumerated Powers versus Necessary and Proper Clause “Elastic Clause”Expressed/Enumerated Powers versus Necessary and Proper Clause “Elastic Clause” Delegated powers/Enumerated vs implied powers (do these belong to the states)Delegated powers/Enumerated vs implied powers (do these belong to the states)

Interpretations of Federalism: Loose or strict 10 th Amendment States rights argumentStates rights argument Federalists vs Democratic- Republicans evolves into Republicans vs DemocratsFederalists vs Democratic- Republicans evolves into Republicans vs Democrats What about the Supremacy clause in Article VI?

Article IV Full faith and credit clause Everything is fine when states see eye to eye but that doesn’t always happen Ex: Same sex marriageEverything is fine when states see eye to eye but that doesn’t always happen Ex: Same sex marriage The resolution of controversy can end in hand of central government if issue is taken to federal courtThe resolution of controversy can end in hand of central government if issue is taken to federal court

Dual Federalism Clear distinction between the powers distributed to each level of governmentClear distinction between the powers distributed to each level of government “Layer Cake”“Layer Cake” Which level has more power ?Which level has more power ?

Cooperative Federalism A less clearer distinction between the powers distributed to each level of government ($ is the cause)A less clearer distinction between the powers distributed to each level of government ($ is the cause) “Marble Cake”“Marble Cake” Power sharing in some casesPower sharing in some cases Which level has more power ?Which level has more power ?

Fiscal Federalism In many instances the national government has relied on incentives and sanctions to expand its powers.In many instances the national government has relied on incentives and sanctions to expand its powers. States giving up sovereignty (power) in exchange for moneyStates giving up sovereignty (power) in exchange for money

Obligations to the States Protect against foreign attack and domestic violence Guarantee representative form of government Recognize state government and its boundaries

Powers of the State & Shared Powers Reserved Powers: Powers the Constitution does not grant to the National Government and doesn’t deny to the States Exclusive Powers: National Government Only Concurrent Powers: Both

State Constitution State Constitution: Fundamental laws of the state Changing the State Constitution

The National Government The 50 States

Admitting New States Admission Procedure 1.Ask Congress for admission 2.Congress passes an enabling act (directs the territory to create a State Constitution) 3.Convention prepares Constitution and then it is voted on 4.If approved, the constitution is submitted to Congress 5.Congress will pass an act of admission (act creating the new state) 6.President signs the act and the new state enters the Union

Cooperative Federalism Federal Grants-in-Aid –“Provide for the general welfare” –Grants of federal money or other resources to the states and/or their cities, counties and other local units Ex.) Morrill Act of 1862: Provides for Land Grant Colleges/Universities Others: Mass transit, highway construction, healthcare, school lunch programs, low-income housing, etc. 25% of state spending comes from Federal Grants-in- Aid

Interstate Relations

Interstate Compacts: agreements among states and foreign states with the consent of Congress –Examples: NY & NJ – Created the Port of New York Authority –All 50 States Compact for the Supervision of Parolees Probationers & Compact on Juveniles

Full Faith and Credit Clause “Full Faith and Credit shall be given in each State to the Public Acts, Records and Judicial Proceedings of every other State” (Article IV) State laws and court decisions must be honored by other states

Interstate Relations Extradition: Legal process by which a fugitive from justice in one State is returned to that State. Privileges & Immunities Clause: No state can draw unreasonable distinctions between its own residents and those persons who happen to live in other states. –Ex.) Can’t set welfare benefits to newly arrived residents at a level below the benefits of long-term residents –Ex.) Can demand higher tuition for out-of-state students in a State University or College