Federalism Essential Question: How is power divided between the national government and the states under the Constitution?

Introduction to Federalism Definition: a political system in which the national government shares power with state governments. Constitution specifically states what the federal government can do, with all other powers going to the states and the people. While states have many powers, in the end they must not conflict with the Constitution or Federal Law (supremacy clause).

POWERS OF THE NATIONAL GOV’T Expressed- Powers the Constitution specifically grants to the national government Implied- Powers suggested by the expressed powers. (Elastic Clause) Inherent- Powers that naturally belong to any government of a sovereign nation.

Powers of state governments: These are not specifically mentioned in the Constitution 10th Amendment Reserved Powers – states have authority over matters not present in the Constitution Public schools Business within the state Local elections

Obligations of Federal and State Gov’ts Federal gov’ts responsibilities to the states: Obligations of the States to National gov’t Guarantee states have a republican form of gov’t (representatives) Protect states from violent actions (including natural disasters) Respect the states’ territories Set rules for electing members of Congress and pay the costs of running elections Play a key role in amending the Constitution, 3/4 of states must approve

HOW STATES ARE ADMITTED Petition Congress Secure approval of petition by Congress Draft a state Constitution Secure approval of state constitution by the people of the territory Secure congressional approval of state Constitution Congress passes an act of admission Approval not guaranteed, but has been successful 37 times

Talk to your neighbor: Describe the relationship between the state governments and the National government. Possible answers: States have all powers besides those granted to the federal government (Bill of Rights) States select representatives to the Senate, H of R Federal gov’t protects states States ratify proposed amendments (3/4 needed) Territories need approval to become a state

WAYS STATES WORK TOGETHER “Full Faith and Credit”: states cooperate by recognizing one another’s official acts. States must: recognize other states’ civil laws honor convictions, settlements, and decisions of courts in other states honor other states’ official records Privileges and Immunities Extradition Interstate Compacts

TYPES OF FEDERAL AID Federal Grant: money or other resources that the federal government provides to pay for state and local activities. Used for specific projects and programs authorized by the federal government. Two forms: Categorical- payments by the federal government to carry out specific activities Block- federal funds used by a state or locality in a broadly defined area (preferred by state and local governments)

Preemption Laws Preemption: Congress assumes responsibility for a state gov’t function Mandate: Requirements that the federal government imposes in state and local governments. State must provide a service that meets minimum national standards set by Congress. Example: Americans With Disability Act States’ rights activists against use of preemption