What is the system of federalism What is the system of federalism? Why did the founding fathers want this system in place?

Federalism: The Division of Power

Government Powers (Division of Powers) Powers Granted Expressed Implied Inherent 10th Amendment National Government State Government Delegated Powers Reserved Powers Concurrent Powers Denied Both Denied States Denied National Powers Denied

Government Powers (Division of Powers) Powers Granted Expressed Implied Inherent Expressed: Spelled out in the Constitution Article I, Section 18 18 clauses giving 27 powers Tax Coin money Regulate trade Declare war Grant patents National Government Delegated Powers

Government Powers (Division of Powers) Powers Granted Expressed Implied Inherent Implied: Not written in Constitution, but reasonably suggested Article I, Section 18, Clause 18 “necessary and proper” The Elastic Clause Build dams Highways & roads Determine crimes National Government Delegated Powers

Government Powers (Division of Powers) Powers Granted Expressed Implied Inherent Inherent: Not written in Constitution, but belong to national governments Regulate immigration Grant diplomatic recognition to nations Protect the nation National Government Delegated Powers

Government Powers (Division of Powers) Denied: Expressly denied: Infringe on rights (speech, press, etc.) Silence in Constitution: Only has delegated powers Denied in Federal System: Can’t tax states National Government Denied National Powers Denied

Government Powers (Division of Powers) Powers Granted 10th Amendment Reserved Powers: 10th Amendment Not granted to Federal, but not denied to states. Legal marriage age Drinking age Professional license Confiscate property The power of the state to protect and promote public health, the public morals, the public safety, and the general welfare. State Government Reserved Powers

Government Powers (Division of Powers) Denied States: Constitution denies certain powers to state, because they are NOT a federal government. Make treaties Print money Deny rights to citizens State Government Denied States Powers Denied

Government Powers (Division of Powers) Powers Granted National Government State Government Concurrent Powers Concurrent: Both States and National have these powers May be exercised separately and simultaneously Collect taxes Define crimes Condemn or take private property for public use Denied Both Powers Denied

Government Powers (Division of Powers) Denied Both: Both States and National have been denied these powers Violate rights of citizens Powers Granted National Government State Government Concurrent Powers Denied Both Powers Denied

Government Powers (Division of Powers) EXCLUSIVE Powers Granted Expressed Implied Inherent 10th Amendment National Government State Government Delegated Powers Reserved Powers Concurrent Powers Denied Both Denied States Denied National Powers Denied

The Supremacy Clause (Article VI, Section 2) United States Constitution The U.S. Constitution is the “Supreme Law of the Land.” If there is a conflict between a lower law and a higher one, the higher one “wins.” Acts of Congress State Constitutions State Statues (laws) City and County Laws

Federalism Guidelines Supreme Court Umpire Applies supremacy clause in case of conflict McCulloch v. Maryland Md. attempted to tax national bank SC rules cannot tax national institution: Supremacy clause http://www.youtube.com/watch?v=8iIlVrzvCH8

National Govt. obligations to the states 1. Republican Form of Government 2. Protection against invasion and disorder 3. Territorial Integrity—recognize borders of states

Cooperative Federalism Grant in Aide Programs Revenue Sharing Law Enforcement Central Govt. State Operate Natl. Elections Immigration

Interstate Relations Full Faith and Credit Uphold decisions made by other states

Interstate Relations Extradition

Interstate Relations Privileges and Immunities All states must recognize rights of all Americans No unfair distinctions for out of state residents

Fiscal Federalism $$$$$$$$$$$$ The STATE governments still maintain AUTHORITY over Many of the issues that had in the past, but the POWER over many of those issues have been transferred to the FEDERAL government. WHY HAS THIS TRANSFERE OF POWER TAKEN PLACE? $$$$$$$$$$$$ It started in late 1930s, gained a lot of momentum and strength in the 1960s and 1970s and we continue to be in this era of federalism.

Federalism Today Much of the relationship between the state and federal governments today are influenced by money. It is how the federal government “got their foot in the door” of state issues, and it is how they keep pressure on the states to do what they would like them to do. Examples: Helmet Laws Blood Alcohol Levels Affirmative Action

Fiscal Federalism How Does It Work The Federal Government passes money on to the State and local governments through a system Known as GRANTS IN AID. Three Basic Types of Grants in Aid: Categorical Grants Block Grants

Categorical Grants Used to address specific issues. Group Receiving the funds are limited on what they can use the funds for. Allows the federal government more control over how the Funds are used. Preferred method of grant in aid of the federal government. About 90% of all federal grants dollars. Example: AFDC in 1960s thru 1980s. Aid To Families With Dependent Children Program designed to help address poverty. Federal government gave funds to state, but they had to be administered in very specific manner.

Block Grants Used to address general topic area. Group receiving funds are given much more flexibility in how they spend the funds. Federal government has given less control. Preferred method of grants for those conservatives favoring DEVOLUTION of more control back to the states.

Unfunded Mandates What are they? Rules and regulations created by the federal government Calling for state or local governments to do something, Without providing the funds to carry it out. i.e. – SOL’s Why do the states stand for them? Fear that not doing this will cause them to lose money for This program, or worse yet, other programs as well. EXAMPLE OF THE DIFFERENCE BETWEEN POWER AND AUTHORITY