1. Chapter 4: Federalism
Unit 2

2. Dividing and Sharing Power

3. Why Federalism?
Federalism—system of government in which two or more governments exercise power over the same people and the same territory
The U.S. government is split between the national (federal/central) and state governments
Why was this system created in the United States?

4. Federalism in the Constitution
National Powers
Delegated powers—powers the Constitution grants/delegates to the national government
Expressed powers—powers directly stated in the Constitution
Implied powers—powers the government requires to carry out its expressed constitutional powers
State and Local Powers
Have even more powers than the national branches
Reserved powers—powers that belong strictly to the states

5. Federalism in the Constitution
Concurrent Powers—Powers that both the national and state governments have
Power to:
Tax
Maintain courts and define crimes
Take private property for public use (eminent domain)
Denied Powers—powers that neither state/federal governments can pass
Pass retroactive laws (punish actions that occurred before the law passed)
Tax exports
Hold/sentence a person to jail without a fair trial
Pass any law that violates the Constitution
Grant titles of nobility
The Supremacy Clause—Establishes that the Constitution, laws passed by Congress, and treaties of the U.S. “shall be the supreme Law of the Land.”

7. Relations Between the National and State Governments

8. Guarantees to and Obligations of the States
Republican Form of Government and Protection
Republican form of government—people elect their representative, the people hold sovereign power
Congress must enforce this
The national gov. must protect states from invasion and unrest
Congress gives the president authority to send federal troops to a state where there is civil unrest and/or when the state governor or legislature has requested help
Territorial Integrity and Admission of New States
Congress has the power to allow new states to join country, but they cannot take land away from a state and create a new state.
Enabling act—allows the people of a territory interested in becoming a state to prepare a constitution
Obligations of the States
State & local governments conduct and pay for elections of all national government officials
States can determine the “times, places, and manner” for these elections
The states play a role in any amendments, ¾ of states must approve any proposed amendment

9. Federal Aid and Mandates
Typically through federal grants (money for a specific purpose)
But who controls what happens with the money?
Mandates and preemption
Mandates—formal orders given by a higher authority
States required to take on an activity/provide a service that meets minimum national standards
Example: drivers licenses; civil rights (women, minorities, people with disabilities), environmental guidelines, testing in education
Restraint—an act that limits a state’s ability to regulate an area
Example: food labeling
Preemption—the federal government’s ability to take over a state government function
Example: national education standards, food standards, etc.
Does federalism create conflict?

10. State Powers and Interstate Relations

11. State Powers
States can make laws about anything that is not prohibited by the Constitution or by national law
States want to protect their people and their businesses
Protection of life and property is the responsibility of the state
States focus on
Education
Health and welfare
Crime
Regulating natural resources

12. Relations Among States
Privileges and Immunities
Privilege boils down to: one state cannot discriminate unreasonably against citizens of another state—they must give the same rights to people from other states that they give their own citizens
Right to: pass through, or live in any state; use the courts; buy/sell/hold property
Interstate Compacts—written agreement between 2 or more states
Meant to help states settle differences/disagreements peacefully
Must be approved by Congress (don’t want states to form alliances against the government)
Use these to deal with issues regarding air and water pollution, transportation, business, etc.
Lawsuits Between States
Heard in the Supreme Court
Variety of reasons: water rights, sewage, polluting, boundary lines, etc.

13. Differing Views About Federalism

14. Federalism and Public Policy
Defining Policies
Policy—a plan that includes general goals/procedures
Public policy—stated course of action the government takes to address problems or issues
State and Local Policies
50 state; 1,000s of local government
Set policies that may expand beyond a single state

15. Federalism and Public Policy
National Policies
National government may step in and block state/local policies if it goes against national policies:
1964 Voting Right Act
National Power and the Commerce Clause
The S.C. has expanded power of national government to regulate interstate commerce
Commerce: anything to do with buying, selling, transporting goods across state lines
Has been applied to other situations (like the Civil Rights Movement) where commerce could apply

16. Federalism and Political Parties
Stronger State and local powers
Stronger national government powers
Republicans, conservatives, Tea Party, libertarians
10th Amendment
State/local governments are closer to the people and better reflect their needs
“Big Government” is a threat to individual liberty
Democrats, liberals, progressives
Supremacy and Elastic clauses
National government is better equipped to solve major social and economic problems
No matter what state a person lives in, they should have the same opportunities as every other citizen

17. Federalism and Political Participation
Why/how does federalism increase opportunities for political participation?