Chapter 4 The Federal System

Basic Principles Two levels of government Each assumes power from the people (in a democratic form) Each level is considered supreme in the areas of power assigned to it Each level is protected by fundamental laws of the Constitution that prevent either level from destroying the other

Supremacy Clause Article VI, Section 2 Constitution is the Supreme Law of the Land Order of supremacy Constitution Acts of Congress and Treaties State Constitutions State Statutes (laws) City and County Charters

Role of National Government Expressed Powers Inherent Powers Powers specifically spelled out in the Constitution Also known as Enumerated Powers Powers that the government has simply because it is a government of a sovereign state Example: the power to regulate immigration or power to acquire territory by legal means Implied Powers Powers not expressly stated in Constitution but implied by powers expressly stated “necessary and proper clause” or “elastic clause” Example: Expressed power gives Congress to power to raise an army or navy therefore it is an implied power that they can call for a draft

Role of National Government Denied Powers Power expressly denied in the Constitution – cannot impose taxes on exports Power denied because Constitution is silent on the matter – public schools Powers denied because of the structure of the federal system – government cannot levy a tax on state governments

Role of State Governments Reserved Powers States allowed to exercise all powers not specifically given to national government Example – each state has different requirements as to how you can obtain a driver’s license Denied Powers Powers expressly denied in Constitution – states cannot enter treaties with other countries Powers denied because of the structure of federalism – states cannot declare war or tax national government

Common Roles Concurrent Powers Powers given to both state and national government Powers limiting both states and national government – Bill of Rights

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Admission of New States Power granted to Congress No state can be created by taking territory from a current state without consent Subject to presidential veto Enabling act – when signed by president allows people in the territory interested in becoming a state to prepare a constitution Constitution then is approved by a popular vote in territory Congress then passes an act making the territory a state

Interstate Relations: Full Faith and Credit States must recognize legal proceeding from other states Applies only to civil law One state cannot enforce another state’s criminal law Records = documents Judicial proceedings = court actions

Interstate Relations: Privileges and Immunities States cannot discriminate against the citizens of another state Pass through states, marry, make contracts, do business “reasonable discrimination” – voting, jury duty, use of public facilities, residency requirements to register to vote, attendance/tuition of state sponsored schools

Interstate Relations: Extradition Governor of the state to which a fugitive flees is responsible for returning them Supreme court has loosed the requirement to return the criminal Some governors have and can refuse, most comply

Interstate Relations: Interstate Compacts Written agreements between two or more states National government or foreign countries can also be part of a compact Congress must approve Roads/bridges, pollution, business

Interstate Relations: Lawsuits States can sue one another Heard only in the Supreme Court Water disputes, pollution, boundary lines

States’ Rightist Versus Nationalists States’ rights position – favors state and local action in dealing with problems States created the national government States’ governments are closer to the people and can make better decisions based on the needs of the people Nationalist position – favors national action in dealing with problems People that created national and state governments National government speaks for all people

Mandate and Restraint Mandate – federal order requiring states to provide a service or undertake an activity in order to meet minimum requirements set by Congress Restraint – Congress prohibits a state or local government from performing a specific function or power

Federalism and public policy Sunset laws – these kind of laws require periodic checks of government to see if they are still needed Sunshine law – prohibits official from holding closed meetings Bureaucracy – organization of government administrators for the purpose of carrying out legislation