Federalism The Division of Power between Who has the power? National Government State Governments Local Governments Who has the power?

Division of Powers Constitution decides who has the power It assigns certain powers to the National Government and / or the State Government Who has the power regarding cigarette smoking?

Reserved Power for the State Powers given to the states by the 10th Amendment

10th Amendment “The powers not delegated to the United States by the constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Powers Given to the States Reserved

Powers Given to the National Government Delegated Powers: Powers granted to the National Government by the Constitution

Three Types of Delegated Powers Expressed Powers Powers that are stated in the Constitution Constitution gives Congress 27 powers Taxation, coin money, regulate trade

Implied Powers Powers that are not written in the Constitution Powers that are necessary and proper-needed to run the government Also called the “Elastic Clause”

Inherent Powers Powers granted to the National Government because it is a sovereign nation within the world community Power to regulate immigration, deport illegal aliens, acquire territory, diplomatic recognition, protect itself

Exclusive Powers Most of the Powers given to the National Government Powers that can be exercised by the National Government only

Concurrent Powers Powers that both the National Government and the State Government posses. Collect taxes, borrow money, court system, punish crimes, take property for public use.

Division of Powers - p. 93 Delegated Powers of the National Government Reserved Powers of the States Concurrent Powers Examples of . . . National Powers Concurrent Powers State Powers Coin money Regulate interstate and foreign trade Raise and maintain armed forces Declare war Govern the U.S. territories and admit new States Conduct foreign relations Levy and collect taxes Borrow money Establish courts Define crimes and set punishments Claim private property for public use Regulate trade and business within the State Establish public schools Pass license requirements for professionals Regulate alcoholic beverages Conduct elections Establish local governments

Major Arguments for Federalism Prevention of tyranny Provision for increased participation in politics The use of the states as testing grounds or laboratories for new policies and programs

Supremacy Clause AVI, S2 United States government has two basic levels of government Every once in a while they will conflict Who is “Supreme?”

It is the “Supreme Law of the land” National Government It is the “Supreme Law of the land” Any clash between National Law and State Law will be ruled in the National Government’s favor.

McCulloch v Maryland Supreme Court played an important role in the development of the federal system Marshall court (1819) established the doctrine of the supremacy of national law Supreme Court ruled against MD: national government is “supreme. . . the states have no power. . . to impede. . .”

Gibbons vs Ogden New York state gave exclusive rights to operate on water NJ operators had to pay substantial fees to operate on shared water Was this a case of interstate commerce? Waterway does not fall under either state jurisdiction – Supremacy Clause National

United States v Lopez Supreme Court using power of Judicial Review, ruled an act of Congress unconstitutional “Gun Free School Zone Act Congress overstepped using Commerce Clause Federal law interfering with state power - education

The Supremacy Clause U.S. Constitution Acts of Congress and Treaties State Constitutions State Statutes City & County Charters and Ordinances

National Government & 50 States Nations obligations to the states Guarantee republican form of gov Representative for all Invasion & internal disorder FEMA Respect for territorial integrity Respect for legal boundaries

Katrina August 2005

www.nola.com/katrina/graphics/flashflood.swf

Sandy October 2012

Admitting of New States Congress passes enabling act Write a constitution and vote Submit constitution to Congress Congress passes act of admission – President signs Equal to other states Cons not conflict with US Constitution

Cooperative Federalism Grants in aid: $ to states with strings attached Categorical: specific purpose Block: broadly defined purposes Project grants: $ for specific projects – research, job training etc. Other forms of Fed Aid

State Aid to Federal Government Conduct national elections Naturalization Federal law enforcement agencies

Interstate Relations Interstate Compacts Full Faith and Credit Willams vs North Carolina Extradition Privileges and Immunities

Interstate Compacts Agreement among states Non political ~ 200 in force today

Full Faith and Credit Clause States honor each other Public acts Laws, Records Court action Exceptions: Criminal, Wm vs. NC

Extradition Fugitive returned Can a governor refuse? 1987 SC decision?

Privileges and Immunities Discrimination unreasonably by one state All citizens must obey all laws Can make reasonable discrimin. Gay marriage, voting, estab. residence