Chapter 4 Federalism The Division of Power

 Dilemma-How to create a new central government that was strong but still preserved the rights & strengths of the existing states?

 Framers were convinced that governmental power poses a threat to individual liberty  that the exercise of governmental power must be restrained  that to divide governmental power, as federalism does, is to curb it & so prevent its abuse  Some laws are federal & some are state and individuals are subject to both

10 th Amendment  powers not delegated to the US by the Constitution nor prohibited by it to the States, are reserved to the States respectively, or to the people.

National government is government of delegated powers-powers given by the Constitution  1. expressed  2. implied  3. inherent

Expressed Powers-Legislative –Spelled out, expressly, in the Constitution, also called enumerated powers –Most are in Article I, Section 8 –18 clauses with 27 expressed powers –power to collect taxes –coin money –regulate foreign & interstate trade (commerce clause-one of the most important) –declare war –raise & maintain an army

Expressed Powers-Executive  Commander in Chief  grant reprieves & pardons  appoint major federal officials  make treaties  Article II, Section 2 gives power to the president

Expressed Powers Judicial  Article III-judicial power to the Supreme Court

Implied Powers –not expressly stated but reasonably suggested i.e.- power to raise an army/navy is expressed but the power to draft is implied –Article I Section 18-Necessary & Proper Clause-also called the elastic clause-stretched to cover so many situations

Inherent Powers –few in number, major ones are  power to regulate immigration  to acquire territory  to deport undocumented aliens  establish diplomatic relations with other countries

Power denied to the National government  denied expressly  i.e. levy duties on exports  prohibit freedom of religion, press, etc  conduct illegal searches or seizures

 denied by silence  i.e. power to create a public school system for the nation  enact uniform marriage & divorce laws-need a Constitutional amendment to define marriage

 denied because the national government is federal  Congress cannot tax any of the States

Power reserved to the States- sphere of powers is huge  Reserved powers-not granted to the National government or denied to the States-10th Amendment  i.e. States can forbid persons under 18 to marry without parental consent  can require doctors, lawyers, etc to be licensed  can establish public schools

Exclusive Powers  most of the powers delegated to the national government are exclusive powers  Power to coin money, to make treaties & to regulate interstate commerce

Concurrent Powers  Some of the powers delegated to the national government are concurrent powers-shared with the States  Both the national & the state governments possess & exercise the power to levy & collect taxes  Both can define crimes

Supremacy Clause  provides that the Constitution is the supreme law of the land in case of conflict between national & state laws (Article VI)

Article IV  Things the national government must do for the states  guarantees to every state a republican (representative) form of government  protection from invasion & internal disaster-Dept of Homeland Security  respect for territorial integrity-government must recognize the legal existence & physical boundaries of each state

Grants-in-Aid  Categorical grants-made for a specific, closely defined purpose-comes with conditions attached  i.e. school lunches, construction of airports, etc  strings  use only for specific purpose  make own monetary contribution  provide an agency to administer the grant  obey a set of guidelines for that project

Block grants  awarded for broad general purposes  health care, social services, welfare  state & local government have greater freedom in deciding how to spend the money

Project grants  awarded on the basis of competitive applications; i.e. Department of Health & Human Services-grants to support scientists engaged in research on cancer, etc

Full Faith & Credit Clause  States will recognize public acts (state laws), records (marriage licenses, birth certificates, etc) & judicial proceedings (damage awards, divorce decrees) of other states  2 exceptions  1. applies only to civil not criminal matters  2. certain divorces may not be recognized (have to be a resident of the state to obtain a divorce-(no “quickie” divorces)

Privileges & Immunities Clause  -to prevent the unfair favoring of a states residents over other residents  -Can charge a higher price for tuition or a hunting license to non residents but cannot deny anyone the right to move to that state or own property there, etc