FEDERALISM The federal, state & local governments

C HAPTER 4 Section 1

S ECTION 1: N ATIONAL AND STATE POWERS Three types of powers granted [delegated] by the Constitution to the national government Expressed (def) – those powers stated in the Constitution Expressed (def) – those powers stated in the Constitution. Usually found in the 1 st three articles of Constitution Also called enumerated powers

S ECTION 1 ( CONT ’ D ) Implied Powers (def) – powers that the national government has/requires to carry out their expressed powers (def) – powers that the national government has/requires to carry out their expressed powers. Ex. power to coin money (expressed) = power to build a mint (implied) Ex. power to coin money (expressed) = power to build a mint (implied)

S ECTION 1 ( CONT ’ D ) Inherent Powers (def) – those powers that a national government may use simply because it is a government (def) – those powers that a national government may use simply because it is a government Ex. The government controls immigration

S ECTION 1 ( CONT ’ D ) State Government Powers Reserved (def) – powers given strictly to the states/people by the Constitution Reserved (def) – powers given strictly to the states/people by the Constitution They are not specific Authority over matters like education, licensing, marriage

S ECTION 1 ( CONT ’ D ) Concurrent Powers (def) – powers both the national and state government have (def) – powers both the national and state government have Ex. collect taxes, maintain courts, define crimes, borrow $

S ECTION 1 ( CONT ’ D ) Constitutional obligations to the states republican form of government republican form of government protection from invasion and/or domestic violence protection from invasion and/or domestic violence territorial integrity territorial integrity

S ECTION 1 ( CONT ’ D ) Use of the military on US soil Posse Comitatus Act of 1878 bans the military from participating in police type activity on US soil What about natural disasters ? The Act does not prevent the military from providing aid in a humanitarian crisis but the military is not legally allowed to take over restoring law and order in a disaster area without an official agreement with local authorities If the military takes over, when are powers returned to local authorities? Would consultation with local authorities be required once the military has assumed control?

S ECTION 1 ( CONT ’ D ) Constitutional obligations of the states participation in the amendment process participation in the amendment process conduct and pay for elections of all national government officials conduct and pay for elections of all national government officials

S ECTION 2: RELATIONS A MONG S TATES Interstate Relations according to Article IV full faith and credit full faith and credit Each state must recognize the laws and legal proceedings of the other states

S ECTION 2 ( CONT ’ D ) Privileges and Immunities One state may not discriminate unreasonably against citizens of another state One state may not discriminate unreasonably against citizens of another state Ex. driving through a state, buying property, use the courts

S ECTION 2 ( CONT ’ D ) Extradition States are responsible to return those charged with a crime or having fled from conviction of a crime to the state of original jurisdiction States are responsible to return those charged with a crime or having fled from conviction of a crime to the state of original jurisdiction

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S ECTION 2 ( CONT ’ D ) Inter state Compacts (def) – written agreements between states that must be approved by Congress (def) – written agreements between states that must be approved by Congress Ex. Northeast Interstate Dairy Compact Ex. Port Authority

S UMMARY

S ECTION 3: I SSUES OF F EDERALISM States Rights favor state and local action in dealing with problems favor state and local action in dealing with problems believe state governments are closer to the people and better respond to them believe state governments are closer to the people and better respond to them use 10 th amendment use 10 th amendment

S ECTION 3 ( CONT ’ D ) Nationalists favor national action to solve problems favor national action to solve problems believe people created all forms of government therefore national government is not subordinate to states believe people created all forms of government therefore national government is not subordinate to states use the “necessary and proper” clause of Article I Section 8 clause 18 use the “necessary and proper” clause of Article I Section 8 clause 18

S ECTION 3 ( CONT ’ D ) Federal Aid to the States Federal government uses money to influence state and local governments Money is given in the form of aid  usually grants or block grants ex. ADA of 1990 – requires access to all public buildings so grants given to complete requirements

S ECTION 4: F EDERALISM AND PUBLIC LIFE Pros Ideas get “tried out” at the state level first Ideas get “tried out” at the state level first Sunset laws ~ periodic checks of government agencies Sunset laws ~ periodic checks of government agencies Sunshine laws ~ public meetings cannot be closed Sunshine laws ~ public meetings cannot be closed Grass roots participation Grass roots participation

S ECTION 4 ( CONT ’ D ) Cons Increase in bureaucracy Increase in bureaucracy Too many levels of government “who’s in charge” ?? “who’s in charge” ?? President & Congress? Governor? Mayor?..... Lack of consistency Lack of consistency