1. Federalism The Division of Power between Who has the power?
National Government
State Governments
Local Governments
Who has the power?

2. Division of Powers Constitution decides who has the power
It assigns certain powers to the National Government and / or the
State Government
Who has the power regarding cigarette smoking?

3. Reserved Power for the State
Powers given to the states by the 10th Amendment

4. 10th Amendment
“The powers not delegated to the United States by the constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

5. Powers Given to the States Reserved

6. Powers Given to the National Government
Delegated Powers: Powers granted to the National Government by the Constitution

7. Three Types of Delegated Powers
Expressed Powers
Powers that are stated in the Constitution
Constitution gives Congress 27 powers
Taxation, coin money, regulate trade

8. Implied Powers Powers that are not written in the Constitution
Powers that are necessary and proper-needed to run the government
Also called the “Elastic Clause”

9. Inherent Powers
Powers granted to the National Government because it is a sovereign nation within the world community
Power to regulate immigration, deport illegal aliens, acquire territory, diplomatic recognition, protect itself

10. Exclusive Powers Most of the Powers given to the National Government
Powers that can be exercised by the National Government only

12. Concurrent Powers
Powers that both the National Government and the State Government posses.
Collect taxes, borrow money, court system, punish crimes, take property for public use.

13. Division of Powers - p. 93 Delegated Powers of the National Government
Reserved Powers of the States
Concurrent Powers
Examples of . . .
National Powers
Concurrent Powers
State Powers
Coin money
Regulate interstate and foreign trade
Raise and maintain armed forces
Declare war
Govern the U.S. territories and admit new States
Conduct foreign relations
Levy and collect taxes
Borrow money
Establish courts
Define crimes and set punishments
Claim private property for public use
Regulate trade and business within the State
Establish public schools
Pass license requirements for professionals
Regulate alcoholic beverages
Conduct elections
Establish local governments

14. Major Arguments for Federalism
Prevention of tyranny
Provision for increased participation in politics
The use of the states as testing grounds or laboratories for new policies and programs

15. Supremacy Clause AVI, S2
United States government has two basic levels of government
Every once in a while they will conflict
Who is “Supreme?”

16. It is the “Supreme Law of the land”
National Government
It is the “Supreme Law of the land”
Any clash between National Law and State Law will be ruled in the National Government’s favor.

17. McCulloch v Maryland
Supreme Court played an important role in the development of the federal system
Marshall court (1819) established the doctrine of the supremacy of national law
Supreme Court ruled against MD: national government is “supreme. . . the states have no power. . . to impede. . .”

18. Gibbons vs Ogden
New York state gave exclusive rights to operate on water
NJ operators had to pay substantial fees to operate on shared water
Was this a case of interstate commerce?
Waterway does not fall under either state jurisdiction – Supremacy Clause National

19. United States v Lopez
Supreme Court using power of Judicial Review, ruled an act of Congress unconstitutional
“Gun Free School Zone Act
Congress overstepped using Commerce Clause
Federal law interfering with state power - education

20. The Supremacy Clause U.S. Constitution Acts of Congress and Treaties
State Constitutions
State Statutes
City & County Charters
and Ordinances

21. National Government & 50 States
Nations obligations to the states
Guarantee republican form of gov
Representative for all
Invasion & internal disorder
FEMA
Respect for territorial integrity
Respect for legal boundaries

22. Katrina August 2005

29. Sandy
October 2012

36. Admitting of New States
Congress passes enabling act
Write a constitution and vote
Submit constitution to Congress
Congress passes act of admission – President signs
Equal to other states
Cons not conflict with US Constitution

37. Cooperative Federalism
Grants in aid: $ to states with strings attached
Categorical: specific purpose
Block: broadly defined purposes
Project grants: $ for specific projects – research, job training etc.
Other forms of Fed Aid

38. State Aid to Federal Government
Conduct national elections
Naturalization
Federal law enforcement agencies

39. Interstate Relations Interstate Compacts Full Faith and Credit
Willams vs North Carolina
Extradition
Privileges and Immunities

40. Interstate Compacts Agreement among states Non political
~ 200 in force today

41. Full Faith and Credit Clause
States honor each other
Public acts
Laws, Records
Court action
Exceptions:
Criminal, Wm vs. NC

42. Extradition
Fugitive returned
Can a governor refuse?
1987 SC decision?

43. Privileges and Immunities
Discrimination unreasonably by one state
All citizens must obey all laws
Can make reasonable discrimin.
Gay marriage, voting, estab. residence