Dividing Government Power Chapter 4:1

Why Federalism? New nation struggled to function as confederation Without power to raise funds, national government not strong enough to deliver stability or economic unity Unitary rule—all power held by strong central authority— out of the question Founders suspicious of powerful central government, like British monarchy

Why Federalism? 1748: Spirit of the Laws, Baron de Montesquieu — Dividing power best way to defend people’s freedom from too powerful government — Framers thoroughly absorbed this idea Framers faced difficult balancing act — National government addresses needs of nation — Preserve states’ rights — Ensure republican government

Why Federalism? Framers devised plan with authority balanced between nation and states Carefully divided power between two levels of government: state, and national — All powers dealing with states’ common interests—national defense, control over currency are assigned to national government — All other powers remained with states

National Powers Expressed Powers Expressed powers: powers granted to national government by Constitution Article I, Section 8: expressed powers of legislative branch—power to issue money, collect taxes, pay debts, regulate trade, declare war, raise and maintain armed forces Expressed powers of other two branches listed in Articles II, III Article II gives president power to command armed forces, conduct foreign relations Article III gives judicial branch power to rule on constitutional issues, cases involving U.S. government, disputes among states

Implied Powers Implied powers: not specifically listed but logical extensions of expressed powers Article I, Section 8:necessary and proper clause Also referred to as elastic clause; used to stretch powers of Congress Building highways, regulating food, mechanism for collecting taxes

Inherent Powers Inherent powers: historically recognized as naturally belonging to all governments that conduct business of sovereign nation U.S. government has inherent powers simply because it is a national government Power not specifically granted by Constitution: power to acquire new territory, conduct foreign affairs

State Powers Constitution has less to say about state powers James Madison: national powers “few and defined,” state powers “numerous and indefinite” 1791: Bill of Rights reserved powers clause—”powers not delegated to the United States…reserved to the States respectively” Reserved powers belong to states because they are not delegated to national government, nor prohibited from states Regulate health, public safety, morals, general welfare of state citizens Other reserved state powers: ability to regulate marriage, form local governments, control public school systems, establish and enforce laws Power to regulate businesses operating within borders, issue licenses to doctors, lawyers, barbers, hairdressers

Shared Powers Power to collect taxes is a concurrent power: power held by national government, state governments at same time Both levels of government can establish courts, make and enforce laws, build roads, provide education, borrow and spend money Citizens subject to two levels of authority; must follow state and national laws Framers considered situation where national, state laws come into conflict Article VI supremacy clause: national laws and treaties form the “supreme law of the land” Judges have to obey Constitution even if it contradicts state laws

Relations between the States Constitution gives states right to manage affairs within borders — Encourages cooperation between states — States required to extradite persons charged with crime to state where offense committed Article IV: full faith and credit clause — Requires states give “full faith and credit” to public acts, official records, judicial proceedings of every other state — Contract signed in one state honored by officials in another state Article IV, Section 2: privileges and immunities clause Carefully divided power between two levels of government—state, national — Citizens of each state receive all “privileges and immunities” of any state — New Yorker visiting North Carolina will enjoy same police protection as North Carolinians — Many exceptions, including in-state college tuition to residents and lower fees for services funded by taxes

Relations between the States What about Local Government Creating local governments is a power reserved to the states. Relationship between state and local government different from that of national and state governments State government has power to reorganize local government at any time to better address state needs Native American Sovereignty Article I, Section 8: national government has power to regulate commerce with Indian tribes; used power to make treaties with Native American nations In most cases treaties resulted in loss of land, sovereignty, and individual rights for native peoples Native Americans not granted full citizenship until 1924