Ch. 4 Federalism

What is federalism? Division between state and national government Division between state and national government Major Strength: allows local action in matters of local concern and national action in matters of national concern. Major Strength: allows local action in matters of local concern and national action in matters of national concern.

Why did the Framers feel that a division of powers was needed? Governmental power poses a threat to liberty Governmental power poses a threat to liberty Therefore the exercise of governmental power must be restrained Therefore the exercise of governmental power must be restrained By dividing governmental power, they were preventing its abuse By dividing governmental power, they were preventing its abuse

Where in the Constitution is the division stated? 10th Amendment 10th Amendment

THE FEDERAL SYSTEM AND LOCAL GOVERNMENT 3 levels of govt. (Division of Govt) 3 levels of govt. (Division of Govt) National National State State Local Local

Powers of the National Government Called delegated Called delegated 3 types: 3 types: Expressed Expressed Implied Implied Inherent Inherent

Expressed Powers a.k.a. enumerated powers a.k.a. enumerated powers 27 given to Congress 27 given to Congress page 96 page 96

Implied Powers Not expressly stated in the Constitution but are reasonably suggested ( implied) Not expressly stated in the Constitution but are reasonably suggested ( implied) Article I, Section 8, Clause 18 – Necessary and Proper Clause ( Elastic Clause) Article I, Section 8, Clause 18 – Necessary and Proper Clause ( Elastic Clause) Page Page 96-97

Inherent Powers Belong to National Govt. because it is the govt. of a sovereign state within the world community. Belong to National Govt. because it is the govt. of a sovereign state within the world community. Only claimed by national govt., not states Only claimed by national govt., not states Page 97 Page 97

Powers Reserved to the States Called Reserved Powers ( powers that the Constitution does not grant to the National govt. and does not, at the same time, deny to the States Called Reserved Powers ( powers that the Constitution does not grant to the National govt. and does not, at the same time, deny to the States Page 99 Page 99

Concurrent Powers Powers delegated to both the National Govt. and the State Govt. Powers delegated to both the National Govt. and the State Govt. Page Page

How do the States get these powers? 1. the Constitution does not give the National Govt. the powers to take these actions 1. the Constitution does not give the National Govt. the powers to take these actions 2. It does not deny the States the power to take them. 2. It does not deny the States the power to take them. 3. Only power given to the states that is really expressed in the Constitution is the manufacture, sale, and consumption of alcoholic beverages. 3. Only power given to the states that is really expressed in the Constitution is the manufacture, sale, and consumption of alcoholic beverages.

States Full Faith and Credit Clause – Full Faith and Credit Clause – “…shall be given in each State to the public Acts [laws of the state], Records [birth documents, marriage, property], and judicial Proceedings [court outcomes] of every other State.” “…shall be given in each State to the public Acts [laws of the state], Records [birth documents, marriage, property], and judicial Proceedings [court outcomes] of every other State.”

Extradition the surrender of an alleged offender or fugitive to the state in whose territory the alleged offence was committed the surrender of an alleged offender or fugitive to the state in whose territory the alleged offence was committed

Local Government More than 87,000 local governments within U.S. More than 87,000 local governments within U.S. Can provide services, regulate activities, and collect taxes. Can provide services, regulate activities, and collect taxes. Derive power from State governments. Derive power from State governments.

Dual powers can create conflicts within the govt. so how does the govt. resolve them? The Supremacy Clause The Supremacy Clause

The Supremacy Clause “ This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound; thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.” “ This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound; thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.”

The Supremacy Clause The Constitution and the laws and treaties are the Supreme law of the land. The Constitution and the laws and treaties are the Supreme law of the land. Called the “linchpin of the Constitution” because it joins the National Govt. and States into a single governmental unit. Called the “linchpin of the Constitution” because it joins the National Govt. and States into a single governmental unit.

The Supremacy Clause Local Laws State Statutes State Constitutions Acts of US Congress and Treaties US Constitution

Invasion and Internal Disaster The Constitution states that the National Govt. must protect States from Invasion and against domestic violence. The Constitution states that the National Govt. must protect States from Invasion and against domestic violence. clear that any invasion on a state would be an attack on the U.S. clear that any invasion on a state would be an attack on the U.S. However, this wasn’t always the case: However, this wasn’t always the case:

Invasion and Internal Disaster Local govts- take care of peace, internal disorder, etc. Local govts- take care of peace, internal disorder, etc. When a govt. cannot control area, then State steps in. When a govt. cannot control area, then State steps in. When is help needed by the federal govt.? When is help needed by the federal govt.? 1960s – Race Riots 1960s – Race Riots 2005 – New Orleans 2005 – New Orleans Usually President sends in troops at the request of Governor or legislature. Usually President sends in troops at the request of Governor or legislature.

Interstate Relations Interstate Compacts – Interstate Compacts – States can enter agreements among themselves and with foreign states. States can enter agreements among themselves and with foreign states. All 50 States have joined in two: All 50 States have joined in two: The Compact for the Supervision of Parolees and Probationers The Compact for the Supervision of Parolees and Probationers Compact on Juveniles Compact on Juveniles

Privileges and Immunities No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States. No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States. (Each state must recognize the right of any American to travel in or become a resident of another State) (Each state must recognize the right of any American to travel in or become a resident of another State)

McCulloch vs. Maryland (1819) Background: 1816 – Congress chartered the 2 nd National Bank ( one branch in Baltimore) 1816 – Congress chartered the 2 nd National Bank ( one branch in Baltimore) 1818 – Maryland passed a “stamp tax” 1818 – Maryland passed a “stamp tax” Tax on paper used by National Bank Tax on paper used by National Bank Use specialty paper or fined. Use specialty paper or fined. James McCulloch – cashier, refused to use paper or pay fine. James McCulloch – cashier, refused to use paper or pay fine. Maryland took to court, McCulloch lost Maryland took to court, McCulloch lost Appealed to Supreme Court, McCulloch won Appealed to Supreme Court, McCulloch won

McCulloch vs. Maryland cont. Issue: Issue: Does any state have the right to tax an agency of the US Government? Does any state have the right to tax an agency of the US Government? Does Congress have the right to establish a national bank? Does Congress have the right to establish a national bank?

McCulloch vs. Maryland cont. Debate: Debate: Maryland felt they could tax national bank because Constitution didn’t specifically prohibit it. Maryland felt they could tax national bank because Constitution didn’t specifically prohibit it. McCulloch said no – goes against Supremacy Clause McCulloch said no – goes against Supremacy Clause Can US have a national bank and place it in the states without approval? Can US have a national bank and place it in the states without approval? McCulloch said yes – “implied powers” McCulloch said yes – “implied powers”

McCulloch vs. Maryland cont. Decision Decision Unanimous for McCulloch – states can’t tax the national government Unanimous for McCulloch – states can’t tax the national government Congress can create a national bank – “implied powers” Congress can create a national bank – “implied powers” Significance - Federal law superseded state law. Significance - Federal law superseded state law.