Federalism defined - A system of government in which a written constitution divides the powers of government between a central (national) government and several regional governments (states) Outlined in the Constitution giving certain powers to the National Government and certain powers to the States (division of powers)

Why Federalism? *Framers dedication to the concept of limited government. *Framers convinced governmental power poses a threat to individual liberty exercise of governmental power must be restrained division of governmental power will prevent abuse of power

Three levels of government Federal government State government Local government *Makes laws for entire country *Deals with relations with other countries *Resolves disputes between states *Maintains basic rights for all citizens *Makes laws for one state *Establishes educational system *Regulates commerce within the state *Regulates relations between citizens within the states *Makes laws for a small area within a state – city, county *Enforces local laws and ordinances *Provides police and fire protection

National government =delegated powers “Expressed” – found directly in the Constitution “Implied” – not expressly written in Constitution, but reasonably suggest/imply, by the ‘expressed” “Inherent” – belong to National government because the government of a sovereign state within world community immigration (inherent to Nat Govt)

Powers denied to the National government Power to levy taxes, prohibit freedom of speech/reading are expressly denied to National Government in Constitution Some powers because Constitution remains silent on the issue Some denied because the federal system does not intend the National Government to carry out the action

Powers for the state “reserved powers” – Constitution does not grant to the National Government on does not, at the same time, deny it to the States Age limit for alcohol, marriage with consent, pornography, gambling, license for doctors and lawyers

Exclusive/Concurrent Powers Exclusive Powers Can be exercised by the National Government alone are known as the exclusive powers. Examples of the exclusive powers are the National Government’s power to coin money, to make treaties with foreign states, and to lay duties (taxes) on imports. Concurrent Powers Both the National Government and the States possess and exercise. Power to levy and collect taxes, to define crimes and set punishments for them, and to claim private property for public use.

Supremacy Clause (Article 6 of Constitution) - establishes the Constitution and United States laws as the “supreme Law of the Land.”

National Government and the 50 States – what’s the obligation?? Republican Form of Government The Constitution requires the National Government to “guarantee to every State in this Union a Republican Form of Government.” Invasion and Internal Disorder The National Government is also required to provide defense of the States from foreign invasion, and aid in protecting against “domestic Violence” in the States. Respect for Territorial Integrity The National Government is constitutionally bound to respect the territorial integrity of each of the States

Cooperative Federalism (ever paddled a canoe with someone = cooperation essential to success) Grants-in-aid programs - grants (give) of federal money or other resources to the States and/or their cities, counties, and other local units. Education – land-grant colleges, school lunch programs Any other thing you can think of there is probably a grant out there for it or you could apply for one Different types for different issues

Interstate relations (compacts) Constitution states =can’t enter into a treaty/alliance/confederation but they (States) can make compacts with consent of Congress variety of uses = sharing law-enforcement data to resource development and conservation

Full Faith and Credit Clause *ensures that States recognize the laws and, documents, and court proceedings of the other States Two exceptions: (1) One State cannot enforce another State’s criminal laws (2) Doesn’t need to be given to certain divorces granted by one State to residents of another State