CHAPTER 4: FEDERALISM Section 1: Federalism: The Division of Power

STUDENT OBJECTIVES Students will: Students will: Define federalism and explain why the framers chose this system. Define federalism and explain why the framers chose this system. Identify powers delegated to and denied to the National Government and powers reserved for and denied to the States. Identify powers delegated to and denied to the National Government and powers reserved for and denied to the States. Explain the difference between exclusive and concurrent powers. Explain the difference between exclusive and concurrent powers. Examine the Constitution as “the supreme law of the land.” Examine the Constitution as “the supreme law of the land.”

FEDERALISM Is the system of government in which a written constitution divides the powers of government. Is the system of government in which a written constitution divides the powers of government. The U.S. constitution provides for the division of powers between two-levels. The U.S. constitution provides for the division of powers between two-levels. The National government The National government The States The States The National Government possesses delegated powers The National Government possesses delegated powers Powers specifically given by the Constitution Powers specifically given by the Constitution Most are exclusive powers Most are exclusive powers Powers that belong only to the National government Powers that belong only to the National government

FEDERALISM There are three kinds of delegated powers: There are three kinds of delegated powers: Expressed powers are those listed in the constitution. Expressed powers are those listed in the constitution. Implied powers are not listed, but are suggested Implied powers are not listed, but are suggested Inherent powers are those that the national governments have historically possessed, such as the regulation of immigration Inherent powers are those that the national governments have historically possessed, such as the regulation of immigration Some power delegated to the National government are concurrent powers. Some power delegated to the National government are concurrent powers. It shares these with state governments It shares these with state governments

FEDERALISM

FEDERALISM The State powers are called reserved powers The State powers are called reserved powers They are powers not already given to the National Government and not listed as powers the States may not have. They are powers not already given to the National Government and not listed as powers the States may not have. Example: the States may decide how old people must be to get drivers’ licenses. Example: the States may decide how old people must be to get drivers’ licenses. Since some of the powers of the National and State governments overlap, the Supreme Court plays the key role of resolving disputes. Since some of the powers of the National and State governments overlap, the Supreme Court plays the key role of resolving disputes. As part of this job, it applies the Constitution’s Supremacy Clause, which states that the Constitution is the “supreme Law of the Land.” As part of this job, it applies the Constitution’s Supremacy Clause, which states that the Constitution is the “supreme Law of the Land.”

CHAPTER 4: FEDERALISM Section 2: The National Government and the 50 States

STUDENT OBJECTIVES Students will: Students will: Summarize the obligations that the Constitution places on the National Government with regard to the States. Summarize the obligations that the Constitution places on the National Government with regard to the States. Explain the process for admitting new States to the Union. Explain the process for admitting new States to the Union. Examine the many and growing areas of cooperative federalism. Examine the many and growing areas of cooperative federalism.

NATIONAL/STATE The Constitution says that the National Government must guarantee a “Republican form of Government” and protect the States “against invasion” and against “domestic violence” The Constitution says that the National Government must guarantee a “Republican form of Government” and protect the States “against invasion” and against “domestic violence” The last statement allows federal officials to enter a State to restore order and help in a disaster. The last statement allows federal officials to enter a State to restore order and help in a disaster.

TERRITORY AND STATES The National Government may create new states, but not from the territory of an existing State without permission from the State’s legislature. The National Government may create new states, but not from the territory of an existing State without permission from the State’s legislature. To become a new State, an area’s residents must first ask Congress for admission. To become a new State, an area’s residents must first ask Congress for admission. Congress passes an enabling act, which approves the writing of a State Constitution. Congress passes an enabling act, which approves the writing of a State Constitution. The area’s residents write the constitution and submit it to Congress. The area’s residents write the constitution and submit it to Congress. Congress makes the area a State with an act of admission Congress makes the area a State with an act of admission When the President signs the act, the State is admitted to the Union. When the President signs the act, the State is admitted to the Union.

NATIONAL/STATE COOPERATION The National Government and States cooperate in many ways. The National Government and States cooperate in many ways. From 1972 to 1987, Congress gave States and their local governments a share of federal tax money through revenue sharing. From 1972 to 1987, Congress gave States and their local governments a share of federal tax money through revenue sharing. Through three types of grants-in-aid program, the National Government gives resources to the States or their local governments. Through three types of grants-in-aid program, the National Government gives resources to the States or their local governments. Categorical grants: are made for specified purposes. Categorical grants: are made for specified purposes. Block Grants: are given for much broader purposes. Block Grants: are given for much broader purposes. Project Grants: are made to States, localities, and even to private agencies that apply for them. Project Grants: are made to States, localities, and even to private agencies that apply for them.

STATE ASSISTANCE TO NATIONAL GOVERNMENT In turn, States assist the National Government in many ways. In turn, States assist the National Government in many ways. For example, the State and local governments carry out and pay for national elections. For example, the State and local governments carry out and pay for national elections.

CHAPTER 4: FEDERALISM Section 3: Interstate Relations

STUDENT OBJECTIVES Students will: Students will: Explain why States make interstate compacts. Explain why States make interstate compacts. Understand the purpose of the full faith and Credit Clause. Understand the purpose of the full faith and Credit Clause. Describe the Extradition Clause and explain its purpose. Describe the Extradition Clause and explain its purpose. Explain the purpose of the Privileges and Immunities Clause. Explain the purpose of the Privileges and Immunities Clause.

ADOPTION OF THE CONSTITUTION Trouble among the States was a major reason for the adoption of the Constitution. Trouble among the States was a major reason for the adoption of the Constitution. As a result, several parts of the document deal with how the States interact. As a result, several parts of the document deal with how the States interact. Example: the Constitution forbids States to make treaties with one another. Example: the Constitution forbids States to make treaties with one another. However, they may make interstate compacts, or agreements in response to shared problems. However, they may make interstate compacts, or agreements in response to shared problems. The Full Faith and Credit Clause of the Constitution says that each State must honor the laws, records, and court decisions of every other State. The Full Faith and Credit Clause of the Constitution says that each State must honor the laws, records, and court decisions of every other State. This clause applies only to civil matters, not criminal matters. This clause applies only to civil matters, not criminal matters.

ADOPTION OF THE CONSTITUTION The constitution’s Privileges and Immunities Clause says that no State may discriminate against a person who lives in another State. The constitution’s Privileges and Immunities Clause says that no State may discriminate against a person who lives in another State. Thus, each State must recognize the right of any American to travel in, do business in, or become a resident of that State. Thus, each State must recognize the right of any American to travel in, do business in, or become a resident of that State. However, a State may draw reasonable distinctions between its own residents and those of other states. However, a State may draw reasonable distinctions between its own residents and those of other states. Example: a State may require that a person live within its boundaries for a period of time before voting. Example: a State may require that a person live within its boundaries for a period of time before voting.

ADOPTION OF THE CONSTITUTION The Constitution also establishes extradition, the legal process by which a person accused of a crime in one State is returned for trial to that State by the police of another State. The Constitution also establishes extradition, the legal process by which a person accused of a crime in one State is returned for trial to that State by the police of another State. The Constitution’s provisions about interstate relations strengthened the hand of the National Government. The Constitution’s provisions about interstate relations strengthened the hand of the National Government. By doing so, they lessened many of the frictions between the States. By doing so, they lessened many of the frictions between the States.