1. Federalism: The Division of Power
4.1

2. Why Federalism? :
Federalism was a way to have a more powerful central government, yet also a way to maintain the strength of the states.
By dividing power, it would prevent abuse of governmental power.

3. Federalism Defined:
Federalism- A system of government in which power is divided between the central (national) government, and state governments.
Divisions of Power- The Constitution assigns certain powers to the National Government and assigns certain powers to the State Government.

4. Powers of the National Government:
The National Government is a government of delegated powers.
-Delegated powers- Are those powers that are granted to the National Government by the Constitution.
3 distinct types of delegated powers:
1. expressed
2. implied
3. inherent

5. 3 Types of Delegated Powers:
1. Expressed Powers (enumerated)- Those power spelled out in the constitution.
ex: levy and collect taxes, coin money, declare war.
2. Implied Powers- Powers not spelled out in the constitution, but are implied by the expressed powers.
-Art I, section 8: Necessary and proper clause gives congress the power to make laws needed carrying government functions.
-(ex:) Building a interstate highway

6. 3. Inherent Powers-These powers belong to National Government because historically the National Government has possessed them.
- ex: regulation of immigration, acquire territory

7. Powers Denied to the National Government:
3 ways:
Expressly- powers denied because it is written in the constitution.
Silence of the Constitution-This occurs when the constitution says nothing about giving the powers to the National Government. (Marriage Laws, Divorce Laws)
Federal System Itself- National Government can’t take action that would go against the Federal System. (Congress can’t tax states or local units in the carrying out of their governmental functions.)

8. The States:
Reserved Powers - Powers the Constitution does not grant to the National Government, and does not deny to the states.
-Public Schools
-Age 21 to buy liquor
-Drivers license age.
Reserved power also gives states the right to protect citizens and promote general welfare.

9. Powers Denied to the States:
Just as the constitution denies powers to the National Government, it also denies certain powers to the states.
Some powers are denied inherently- Federal system does not allow state or local government to tax agencies or functions of the National Government.
Expressly- States have their own constitution that specifically spells out things that the state government can’t do.

10. Exclusive Powers:
Exclusive Powers- Those powers that can only be exercised by the national government.
National Government
-coin Money
-declare War
-raise and maintain military
-regulate interstate and foreign trade.

11. Reserved Powers:
Reserved Powers- Those powers that can only be exercised by the state government alone
State Government
-regulate trade and business within the state
-public schools
-license requirements for professionals
ex: teacher certification
-regulate alcoholic beverages

12. Concurrent Powers:
Concurrent Powers- Those powers that both the National and State Government can do.
-Levy and collect taxes.
-Borrow money
-Establish courts
-Define crimes and set punishments
-Claim private property for public use.

13. Explain the difference between expressed and implied powers.
Bell Work:
Explain the difference between expressed and implied powers.

14. The National Government and the 50 States:
4.2

15. The Nation’s Obligations to the States:
1. Republican form of Government
2. Protection against invasion or domestic violence.
3. Respect for territorial integrity.

16. Republican Form of Government:
The Constitution requires the National Government to “guarantee to every State in this union a republican form of government.”
Constitution doesn’t define what a republican form of government is.
The term is generally understood to mean a “representative government”.

17. Only extensive use ever made of the republican form of government came in the years immediately following the Civil War.
-Congress refused to admit senators and representatives from Southern States until those States had ratified the 13th, 14th, and 15th amendments.
- These amendments recognized and broadened voting rights to African Americans.

18. Invasion and Internal Disorder:
The Constitution states that the National Government must also protect each of the States against invasion and domestic violence. (State’s gave up war making powers when they ratified the Constitution.)
Today, it is clear that an invasion of any State or territory would be an attack on the United States itself.
- Pearl Harbor (U.S. territory)
- New York City (9/11)

19. Internal Disorder:
The federal system assumes that each of the 50 States will keep peace within its own borders.
- riots
- natural disasters
However, the Constitution accepts that a State might not be able to control some situation.
Therefore, it guarantees protection and the use of federal force to restore order.
This has been rare, but used on several occasions in the 1960’s, and in L.A. during the 1991 riots.

20. Respect of Territorial Integrity:
The National Government is constitutionally bound to respect the territorial integrity of each of the States.
This means that the National Government must recognize the legal existence and the physical boundaries of each State.
- Congress must include, in both of its houses, members chosen in each of the States.
-Article V: No State can be deprived of its equal representation in the U.S.

21. Admitting New States:
Only Congress has the power to admit new States to the union.
No new State can be created by taking land away from another state without permission. (respect of physical boundaries)

22. Admission Procedure:
1. Area desiring statehood ask congress for admission.
2. Congress passes an enabling act, directing the people of the area to frame a proposed state constitution.
3. Convention prepares the constitution, which is then put to a vote in the proposed state. (Philadelphia Convention)
4. If voters approve, it is submitted to Congress for consideration.
5. If congress approves, it passes an act of admission.
6. President signs the act, and the State enters the Union.

23. Bell Work: What are the 3 obligations the nation has to the states?
What does an enabling act do ?

24. Federal Grants:
Grants-in-aid programs: grants of federal money or other resources to the States and/or their cities and counties.
- these grants make it possible for the federal government to operate in areas where they have no constitutional authority.
ex: education
3 types of grants:
Categorical grants
Block grants
Project grants

25. Categorical Grants: are made for a specific, closely defined purpose.
ex: school lunches, water treatment plants
-Conditions are usually attached.
Block Grants: made for broadly defined purposes.
ex: welfare
- State decides how the money is to be spent.
Project Grants: made to States, cities, and private agencies that apply for them.
ex: cancer research

26. Interstate Relations:
4.3

27. Interstate Relations:
Remember, no State can enter into any treaty, alliance, or confederation.
However, they may, with the consent of congress, enter into interstate compacts.
Interstate Compacts: are agreements among states and with foreign nations.
ex: Michigan accepting trash from Canada.
- over 200 compacts are now in force.

28. Full Faith and Credit:
Constitution states that “full faith and credit shall be given in each State to the public acts, records, and judicial proceeding of every other State.”
Mostly comes into play in court matters.
(ex:) Person sued for $50,000 in Michigan can’t escape paying because they move to Florida.
-Florida court will uphold the Michigan courts ruling
Exceptions, some divorces

29. Extradition:
Extradition: A person who commits a crime in one state and then flees to another, will be returned to stand trial in the original state in which the crime was committed.
-ex: Justin Mello Case

30. Privileges and Immunities:
Privileges and Immunities: Means that no State can draw unreasonable distinctions between its own residents and those who happen to live in other States.
- must recognize the right of any American to travel in or become a resident of that State.