Federalism

Federalism What is Federalism? A system of government in which a written constitution divides the powers of government on a territorial basis. A division between National government and regional/local government

Federalism Why Federalism? The “founding fathers” wanted the states to have as much power as possible. The Articles of Confederation gave all of the real power to the states. It was a failure They (FF) did not want a tyrannical central government That is why they left (England)

Federalism So how do we decide who has the power? The Constitution The Federal government is a government of delegated powers. It only has the powers that have been granted to it in the constitution.

Delegated Powers There are Three types of delegated powers: Expressed Implied Inherent

Expressed Powers What is an expressed power? These are the powers that are spelled out in the Constitution. You can find them word for word There is no room for interpretation You can find most of the expressed powers in Article 1 Section 8 There in 18 clauses congress is given 27 specific powers.

Implied Powers What is an implied power? These are powers that are not expressly stated but are reasonably implied by the expressed powers. If they meant this then they must also have meant this. Ex. Building an interstate highway system.

Inherent Powers These are powers that the national government has historically possessed. These are few in number Ex. To regulate immigration, deport aliens, protect against internal rebellion

Powers denied to the National Government These are denied in three ways by the Constitution. Expressly Implied They are not designed to have all the power.

States Powers States are governments of reserved powers. These are powers not given to the Federal government and not denied to the states. Ex. States can forbid persons under 18 to marry without parental permission.

Powers Denied to States Some powers are specifically denied to states. Ex. No state can enter into a treaty. Ex. No state can print or coin its own money.

Powers for both the Federal and States Some powers are specifically given to both. These are called concurrent powers. These are powers that are held and exercised at the same time. Ex. The power to tax. Some powers are specifically denied to both.

Supreme Law of the Land The division of powers is very complicated. This results in a large number of law suits The “framers” created the Supremacy Clause, Article VI, Section s

Supremacy Clause “This Constitution, and the laws of the United States which shall be made …. Shall be the Supreme Law of Land….Judges shall be bound by this law.” This creates a “ladder of laws”

City and County Charters “Ladder of Laws” U. S. Constitution Acts of Congress State Constitutions State Laws City and County Charters

What is the nations obligation to the states? Guarantee a Republican Government (representative government) Protect against invasion Protect from Domestic Violence Recognize the legal and physical boundaries Allow each state equal representation in the Senate

How do we get new States? Only Congress has the power to admit new states 1st the area asks Congress admission Congress passes an Enabling Act Area then creates a constitution Congress approves constitution Congress passes an Act of Admission President signs the act The area is now a state Congress may set conditions for admission Ex. Utah They had to remove polygamy from their constitution before they were excepted.

What kind of Aid is Given? Federal Grants-in-Aid Money given, by Federal government, for a specific purpose and specific conditions Block Grants Money given, by the federal government, for a broad purpose with very few conditions Revenue Sharing This program was in place from 1972-1987. It shared Federal money with state or local governments.

What are interstate Compacts? They are agreements among states They regulate how states interact There are around 200 interstate compacts

What do the terms Full Faith and Credit mean? States must honor one another’s laws and court actions This does not apply to Criminal matters It only applies to civil cases

What is Extradition? It is the legal process in which a criminal in one state is returned to the state from another The Supreme Court has ruled that Governors must comply with an extradition orders issued by a federal court.

What are some privileges and Immunities? A resident of one state may not be discriminated against by another state All citizens must obey the laws of all other states while in those states Ignorance of the law is no excuse