American Government and Economics: Unit 4: Federalism Mr. Chortanoff Overview and Insights Chapter 4

Big Idea: Federalism is a system that operates and distributes power between national and state governments. Unit Essential Questions: How does a federal system operate? How are powers distributed between federal and state governments?

Two Concepts Division of Power How are powers divided between federal and state governments? Why is division of power necessary? Interstate Relations How are relations carried out between the states and the federal government? How are interstate relations carried out between state governments?

FEDERALISM Federalism divides power to limit abuse by government Central government and State governments share power

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

Powers of the National Government The National Government is a government of delegated powers, meaning that it only has those powers delegated (granted) to it in the Constitution. There are three types of delegated powers: The expressed powers are those found directly within the Constitution. The implied powers are not expressly stated in the Constitution, but are reasonably suggested, or implied by, the expressed powers. The inherent powers belong to the National Government because it is the government of a sovereign state within the world community. There are few inherent powers, with an example being the National Government’s ability to regulate immigration.

National Government Powers Delegated powers – Written in Constitution Expressed or Enumerated Powers Article I, section 8 – 27 Powers given to Congress Article II, section 2 Presidential powers Article III Judiciary powers

National Government Powers Continued Implied Powers – Reasonably suggested or interpreted (“read between the lines”) Article I, Section 8, Clause 8 “Necessary and Proper” (Elastic Clause)

National Government Powers Continued Inherent Powers – Powers that the National government always possesses Examples: Regulate immigration Acquire territory Recognize other states Protect the nation Print money

NATIONAL POWERS Exclusive Powers – only given to National government Make treaties Print $$ Add territory/states

STATES’ Powers Reserved powers Powers denied to the States Not given to the Federal government (just for the States) Powers denied to the States Treaties Print $$ Deprive due process Can’t tax Federal government or property

National and State POWERS Concurrent Powers – States and Federal government share these powers Taxation Punish crimes Take property

Local Government 3 Levels of government Federal State Local (County, City, School) There are over 87,000 units of local government in the US All local government must follow the Constitution

Republic Guaranteed National Government guarantees we will have a Republic (or Representative government) where people can run and vote for leaders National Government guarantees us protection from invasion and domestic violence (War on terror, disaster relief in the Gulf area, Little Rock)

Admitting new States Only Congress can admit new States Enabling Act must be passed first which direct people there to frame a constitution and vote on it Admission Act is passed next which means the territory has been accepted as a State

Cooperation between States and Feds Even though the basis of federalism is the division of powers between levels of government, there is still much cooperation between them. Federal Grants - $ given to States by Federal government with “strings attached” Revenue Sharing - $ given to States by Feds with “no strings attached”

Cooperative Federalism TYPE OF SERVICE HOW FEDERAL AND STATE GOV’TS COOPERATE GRANT-IN-AID PROGRAMS Congress sets up program in a variety of areas Federal government gives money to States to run programs Types of grants include categorical, block, and project REVENUE SHARING Was in place from 1972-1987 Congress gave share of federal tax revenue to State and local governments to use as they chose OTHER FORMS OF FEDERAL AID Federal agencies assist State and local police Armed forces equip and train States’ National Guard Federal monies go to local governments in lieu of property taxes STATE AID TO THE NATIONAL GOV’T State and local officials conduct national elections Naturalization usually takes place in State courts State and local police aid federal law enforcement agencies.

Federal Grants Congress appropriates (distributes) money for three types of grants-in-aid: Categorical Grants Categorical grants are made for some specific, closely defined purpose, such as school lunch programs or the construction of airports or water treatment plants. There are usually conditions, or “strings,” attached to regulate the use of these funds. Block Grants Block grants are portions of money allocated to States to use for broader purposes, such as health care, social services, or welfare. Block grants often are granted with fewer strings attached. Project Grants Project grants are provided to States, localities, and sometimes private agencies that apply for them. They are used for a variety of purposes ranging from medical research to job training and employment programs.

The Full Faith and Credit Clause requires that each State accept the public laws, records, and court decisions of every other State. Interstate compacts are agreements among the States to solve a common problem. Interstate Relations The Privileges and Immunities Clause states that all citizens are entitle to certain privileges (rights) and immunities (protections, exemptions) regardless of their State of residence. Extradition is the legal process by which a fugitive from justice in one State is returned to that State.

Between States Interstate compacts – States make pacts with other countries or states with Congressional approval Full Faith and Credit – records, court decisions, and debts in one state carry into others (civil matters) Extradition – criminal who leaves a State must be returned Privileges and Immunities – all rights of Americans recognized in all States

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