1. American Government and Economics:
Unit 4: Federalism
Mr. Chortanoff
Overview and Insights
Chapter 4

2. Big Idea: Federalism is a system that operates and distributes power between national and state governments.
Unit Essential Questions:
How does a federal system operate?
How are powers distributed between federal and state governments?

3. Two Concepts Division of Power
How are powers divided between federal and state governments?
Why is division of power necessary?
Interstate Relations
How are relations carried out between the states and the federal government?
How are interstate relations carried out between state governments?

4. FEDERALISM Federalism divides power to limit abuse by government
Central government and State governments share power

5. Government Powers (Division of Powers)
EXCLUSIVE
Powers Granted
Expressed
Implied
Inherent
10th Amendment
National
Government
State
Government
Delegated Powers
Reserved Powers
Concurrent Powers
Denied Both
Denied States
Denied National
Powers Denied

6. Powers of the National Government
The National Government is a government of delegated powers, meaning that it only has those powers delegated (granted) to it in the Constitution. There are three types of delegated powers:
The expressed powers are those found directly within the Constitution.
The implied powers are not expressly stated in the Constitution, but are reasonably suggested, or implied by, the expressed powers.
The inherent powers belong to the National Government because it is the government of a sovereign state within the world community. There are few inherent powers, with an example being the National Government’s ability to regulate immigration.

7. National Government Powers
Delegated powers
– Written in Constitution
Expressed or Enumerated Powers
Article I, section 8 – 27 Powers given to Congress
Article II, section 2 Presidential powers
Article III
Judiciary powers

8. National Government Powers Continued
Implied Powers
– Reasonably suggested or interpreted (“read between the lines”)
Article I, Section 8, Clause 8 “Necessary and Proper” (Elastic Clause)

9. National Government Powers Continued
Inherent Powers
– Powers that the National government always possesses
Examples:
Regulate immigration
Acquire territory
Recognize other states
Protect the nation
Print money

11. NATIONAL POWERS Exclusive Powers – only given to National government
Make treaties
Print $$
Add territory/states

12. STATES’ Powers Reserved powers Powers denied to the States
Not given to the Federal government (just for the States)
Powers denied to the States
Treaties
Print $$
Deprive due process
Can’t tax Federal government or property

13. National and State POWERS
Concurrent Powers – States and Federal government share these powers
Taxation
Punish crimes
Take property

14. Local Government 3 Levels of government Federal State
Local (County, City, School)
There are over 87,000 units of local government in the US
All local government must follow the Constitution

15. Republic Guaranteed
National Government guarantees we will have a Republic (or Representative government) where people can run and vote for leaders
National Government guarantees us protection from invasion and domestic violence (War on terror, disaster relief in the Gulf area, Little Rock)

16. Admitting new States Only Congress can admit new States
Enabling Act must be passed first which direct people there to frame a constitution and vote on it
Admission Act is passed next which means the territory has been accepted as a State

17. Cooperation between States and Feds
Even though the basis of federalism is the division of powers between levels of government, there is still much cooperation between them.
Federal Grants - $ given to States by Federal government with “strings attached”
Revenue Sharing - $ given to States by Feds with “no strings attached”

18. Cooperative Federalism
TYPE OF SERVICE
HOW FEDERAL AND STATE GOV’TS COOPERATE
GRANT-IN-AID PROGRAMS
Congress sets up program in a variety of areas
Federal government gives money to States to run programs
Types of grants include categorical, block, and project
REVENUE SHARING
Was in place from
Congress gave share of federal tax revenue to State and local governments to use as they chose
OTHER FORMS OF FEDERAL AID
Federal agencies assist State and local police
Armed forces equip and train States’ National Guard
Federal monies go to local governments in lieu of property taxes
STATE AID TO THE NATIONAL GOV’T
State and local officials conduct national elections
Naturalization usually takes place in State courts
State and local police aid federal law enforcement agencies.

19. Federal Grants
Congress appropriates (distributes) money for three types of grants-in-aid:
Categorical Grants
Categorical grants are made for some specific, closely defined purpose, such as school lunch programs or the construction of airports or water treatment plants. There are usually conditions, or “strings,” attached to regulate the use of these funds.
Block Grants
Block grants are portions of money allocated to States to use for broader purposes, such as health care, social services, or welfare. Block grants often are granted with fewer strings attached.
Project Grants
Project grants are provided to States, localities, and sometimes private agencies that apply for them. They are used for a variety of purposes ranging from medical research to job training and employment programs.

20. The Full Faith and Credit Clause requires that each State accept the public laws, records, and court decisions of every other State.
Interstate compacts are agreements among the States to solve a common problem.
Interstate Relations
The Privileges and Immunities Clause states that all citizens are entitle to certain privileges (rights) and immunities (protections, exemptions) regardless of their State of residence.
Extradition is the legal process by which a fugitive from justice in one State is returned to that State.

21. Between States
Interstate compacts – States make pacts with other countries or states with Congressional approval
Full Faith and Credit – records, court decisions, and debts in one state carry into others (civil matters)
Extradition – criminal who leaves a State must be returned
Privileges and Immunities – all rights of Americans recognized in all States

23. The Supremacy Clause (Article VI, Section 2)
United States Constitution
The U.S. Constitution is the “Supreme Law of the Land.”
If there is a conflict between a lower law and a higher one, the higher one “wins.”
Acts of Congress
State Constitutions
State Statues (laws)
City and County Laws