FEDERALISM Chapter 3

What is a federal system?  A system of government in which power is shared between the central government and state governments  Different from…  Confederate system  Unitary system

Why federalism?  Allows for sharing of resources  States are “closer” to the people  Unity without uniformity  Limits the power of government  States can be “labs” for policies  Encourages cooperation between the states  States can administer federal programs

Federalism and the Constitution The 10 th amendment: “The powers not delegated to the U.S. by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” The supremacy clause: “This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, under the authority of the U.S., shall be the supreme law of the land.”

What is the hierarchy?  Arrange the following government actions:  State statutes, city ordinances, U.S. Constitution, county charters, state constitutions, Acts of Congress, Treaties

Hierarchy:  U.S. Constitution  Acts of Congress  Treaties  State Constitutions  State statutes  County charters  City ordinances

Other interpretations  New federalism  Power of national government limited in favor of broad state power (fiscal mgt., block grants)  Competitive federalism  Provides choices for “consumers”  Provides competition (tax dollars)  Race to the Top? (Obama and Education)

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What are the national government’s obligations to the states?  To provide a republican form of government  To provide protection  To respect the territory of the states  To umpire state relations  States respect the authority of the national government, assist in providing protections, help national government carryout policies, conduct national elections

Why might states form interstate compacts?  To be more efficient (organization, financial)  Environmental issues, water systems, crime control, forest fires, etc.  Example: Port Authority (NY-NJ)

Extradition  Defined: the practice of requesting and transferring a person accused/convicted of a crime between states  Who is responsible for this process?  Why do we have this procedure in place?  Why might a governor refuse to extradite?  Courts CAN force a governor to extradite to another state

Privileges and Immunities Article IV Section 2  Provision in the Constitution that requires each state to treat other states’ citizens the same  Civil matters  Protection  Acquire property  Work, travel and play  Utilize court system of another state

Discrimination by the States  What is an example of reasonable discrimination by one state against a citizen of another state?  Voting requirements (Oregon v. Mitchell)  Professional licensing  College tuition

Full Faith and Credit Clause  One state must recognize the validity of documents and court decisions of another state  Marriage/Divorce  Birth certificates  Adoption  Drivers’ licenses  Exceptions? DOMA-relieves states of the obligation to recognize same sex marriages

National, State, or Both?  Collect Taxes  Collect Import Taxes  Regulate Interstate Commerce  Declare War  Fund and Regulate Education  Regulate Marriage and Divorce  Punish Counterfeiters  Create Post Offices  Enforce Laws  Regulate Trade Within a State  Raise an Army  Regulate Gambling  Naturalize Citizens  Regulate Sale of Alcoholic Beverages

Interpretations of Federalism  Dual federalism  Layer cake  Clear differences between state and national power and responsibilities  Cooperative federalism  Marble cake  Undefined, mixed differences between the powers and functions of the state and national government