1. The Federal System National State v. State Powers

2. Federalism What is federalism? What is federalism? A system of government in which the powers of government are divided between a central and regional governments A system of government in which the powers of government are divided between a central and regional governments Laid out in Article IV and the Amendment 10 Laid out in Article IV and the Amendment 10 The idea of federalism has changed over the last 200+ years. The idea of federalism has changed over the last 200+ years. The Supreme Court ruling “Separate but Equal” gave more rights to the states (Plessy v Fergusson 1896) The Supreme Court ruling “Separate but Equal” gave more rights to the states (Plessy v Fergusson 1896)1896 “The New Deal” under FDR, expanded the role of the National Government, and the President “The New Deal” under FDR, expanded the role of the National Government, and the President

3. Delegated Power Under the Constitution, 3 powers are granted to the National government. Under the Constitution, 3 powers are granted to the National government. 1. Expressed Powers 1. Expressed Powers Those power directly expressed or stated in the Constitution Those power directly expressed or stated in the Constitution Found in the first three Articles Found in the first three Articles Levy and collect taxes, coin money, declaring war, & regulating commerce Levy and collect taxes, coin money, declaring war, & regulating commerce

4. Delegated Power Under the Constitution, 3 powers are granted to the National government. Under the Constitution, 3 powers are granted to the National government. 2. Implied Powers 2. Implied Powers Powers not specifically listed in the Constitution: Powers not specifically listed in the Constitution: “Reasonably Suggested” “Reasonably Suggested” “Necessary and Proper Clause” (Article I, Section 8, Clause 18) “Necessary and Proper Clause” (Article I, Section 8, Clause 18) Known as the “Elastic Clause” Known as the “Elastic Clause” Congress shall have power…to make all laws which shall be necessary and proper for carrying into the Execution the Foregoing powers, and all other Powers vested…in the Government of the United States. Congress shall have power…to make all laws which shall be necessary and proper for carrying into the Execution the Foregoing powers, and all other Powers vested…in the Government of the United States. The draft, NASA, the Interstate Highway System The draft, NASA, the Interstate Highway System Clauses in the Constitution? Clauses in the Constitution?

5. Delegated Power Under the Constitution, 3 powers are granted to the National government. Under the Constitution, 3 powers are granted to the National government. 3. Inherent Powers 3. Inherent Powers Those powers that national government may exercise simply because it is a government Those powers that national government may exercise simply because it is a government Diplomatic Relations Diplomatic Relations Regulating immigration Regulating immigration

6. Reserved Powers Reserved Powers Reserved Powers Powers given strictly to the states Powers given strictly to the states Not specifically stated, but defined by the 10 th Amendment Not specifically stated, but defined by the 10 th Amendment Education Education Legal Documents and Licenses Legal Documents and Licenses Marriage, Driver, Professional, Voter Registration Marriage, Driver, Professional, Voter Registration Establishment of local government (Unitary) Establishment of local government (Unitary)

7. States as Unitary Governments

8. Supremacy Clause Under Article VI, Section 2, the Constitution is Supreme Under Article VI, Section 2, the Constitution is Supreme No state constitution or state law may conflict with any part of the Constitution No state constitution or state law may conflict with any part of the Constitution When Federal & State officers are sworn in; they must recite an oath to uphold the Constitution When Federal & State officers are sworn in; they must recite an oath to uphold the Constitution McColloch v. Maryland (1819) McColloch v. Maryland (1819)1819

9. Supremacy

10. Concurrent and Denied Powers Concurrent Powers: Concurrent Powers: Those that both the state and national governments have Those that both the state and national governments have Power to tax, maintain courts, and define crimes Power to tax, maintain courts, and define crimes Goes along with the reserved powers Goes along with the reserved powers Denied Powers: Denied Powers: Specifically denies some power to all levels of government Specifically denies some power to all levels of government Article I, Section 9 - National Government Article I, Section 9 - National Government Cannot tax exports or interfere with states business Cannot tax exports or interfere with states business Article 1, Section 10 – State Governments Article 1, Section 10 – State Governments Cannot make treaties with foreign nation or coin money Cannot make treaties with foreign nation or coin money

11. Powers: Exclusive – Concurrent - Reserved

12. Interstate Commerce

13. Obligations of the National Government The Federal Government is obligated to do three things for the states The Federal Government is obligated to do three things for the states 1. Must guarantee a republic form of government 1. Must guarantee a republic form of government Congress must allow Senators and Representatives to take their seat in office Congress must allow Senators and Representatives to take their seat in office 2. Must protect states from invasion and domestic violence 2. Must protect states from invasion and domestic violence protect from outside attack and internal threats protect from outside attack and internal threats Riots, strikes, & natural disasters Riots, strikes, & natural disasters 3. Must respect the territorial integrity of each state 3. Must respect the territorial integrity of each state Must receive permission from the State Legislator before the National Government can get involved Must receive permission from the State Legislator before the National Government can get involved West Virginia is the only exception to this rule West Virginia is the only exception to this rule

14. Obligations of the States The states are obligated to do two things for the National Government The states are obligated to do two things for the National Government 1. State and Local governments must pay to run national elections 1. State and Local governments must pay to run national elections Senators, Representatives, & the President Senators, Representatives, & the President 2. Play a key role in amending the Constitution 2. Play a key role in amending the Constitution ¾ of the states must approve an amendment before it becomes law ¾ of the states must approve an amendment before it becomes law

15. Frontline: “The Pot Republic” Video Video Video

16. Sovereignty Dual Sovereignty: Dual Sovereignty: A theory of federalism saying that both the national and state governments have final authority over their own policy domains. A theory of federalism saying that both the national and state governments have final authority over their own policy domains. But… Supremacy Clause (Art. VI) But… Supremacy Clause (Art. VI) Example: Nullification Example: Nullification Alien and Sedition Acts (Virginia and Kentucky void) Alien and Sedition Acts (Virginia and Kentucky void) Tariffs under Jackson Tariffs under Jackson Ultimately settled by Civil War Ultimately settled by Civil War

17. Judicial Review Judicial Review: The doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary. Judicial Review: The doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary. Federalism can be messy Federalism can be messy Hobbes warned that anything but a “single sovereign” would lead to Civil War Hobbes warned that anything but a “single sovereign” would lead to Civil War  Thankfully though we have a judicial process to settle disputes (even if some states or the federal government might not like the rulings)  Many Supreme Court cases have decided the balance between federal and state powers

18. 3 Important Clauses in Constitution 1) Spending Clause (Art. I, 8.1) Lay and collect taxes… for the common defense and general welfare Lay and collect taxes… for the common defense and general welfare 2) Commerce Clause (Art I, 8.3) Congress has the power to regulate Interstate commerce Congress has the power to regulate Interstate commerce 3) Necessary and Proper Clause (Art. 1, 8.18) “Elastic Clause” “Elastic Clause”

19. Fed and States do work together Layer Cake Federalism Marble Cake Federalism “Cooperative Federalism” Examples?

20. Grants Intergovernmental Grants: Grant ($$$) from the national government to state or local governments - Sometimes 50/50 or 90/10 Ex: - Infrastructure - Museums - Research - Historical sites Harry Reid’s Website Harry Reid’s Website

21. Types 1) Categorical Grants They include regulations concerning how the money is to be spent. They include regulations concerning how the money is to be spent. Many social welfare programs Many social welfare programs - Medicaid - Head Start -Job Training - Housing - Food Stamps Cons? - Can impede implementation (4 years – 70 agencies) - Can create “Unfunded Mandates”, limiting state independence - Can create “Unfunded Mandates”, limiting state independence Pros? - Help achieve a national purpose (Pollution & welfare) - “Race to the bottom”…. And Block Grants can be wasteful - “Race to the bottom”…. And Block Grants can be wasteful

22. Types 2) Block Grants Include a broad set of objectives, but minimal regulations and much local discretion Include a broad set of objectives, but minimal regulations and much local discretion “General Revenue Sharing” “General Revenue Sharing” - Some education and welfare - Infrastructure Cons? - Can lead to wasteful spending (and corruption) - Can limit the achievement of a national goal Pros? - Allow for local and states to spend the money how they see fit

23. Federalism The Federal government often uses grants to create national programs. They are often “optional”, but how can states resist $$$$? “Pork Barrel” Spending – “One person’s pork barrel project is another person’s wise investment in the local infrastructure”