FederalismFederalism

National and State PowersNational and State Powers

The Division of PowersThe Division of Powers

The Constitution divided government The Constitution divided government authority by giving the national authority by giving the national government specified powers, government specified powers, reserving all other powers to the reserving all other powers to the states or to the people.states or to the people.

The American concept of federalism The American concept of federalism has changed with the times.has changed with the times.

Federalism is not a static but a Federalism is not a static but a dynamic relationship between levels dynamic relationship between levels of government.of government.

National PowersNational Powers

Delegated Powers – the powers of the Delegated Powers – the powers of the national government are known national government are known collectively as the delegated powerscollectively as the delegated powers

Expressed Powers – those powers stated directly in Expressed Powers – those powers stated directly in the Constitution – also called the enumerated powersthe Constitution – also called the enumerated powers

Implied Powers – those powers that the national Implied Powers – those powers that the national government requires to carry out the powers that are government requires to carry out the powers that are expressly defined in the Constitutionexpressly defined in the Constitution

The basis for the implied powers is the necessary and The basis for the implied powers is the necessary and proper clause (elastic clause) found in Article I, proper clause (elastic clause) found in Article I, Section 8Section 8

Implied powers have helped the national government Implied powers have helped the national government strengthen an expand its authority. strengthen an expand its authority.

Inherent Powers – those powers that Inherent Powers – those powers that the national government may the national government may exercise simply because it is a exercise simply because it is a governmentgovernment

Control immigrationControl immigration Establish diplomatic relationsEstablish diplomatic relations

States and NationStates and Nation

Reserved Powers - The Constitution Reserved Powers - The Constitution reserves certain powers to the Statesreserves certain powers to the States

These powers are not listed in the These powers are not listed in the Constitution, but the 10Constitution, but the 10thth Amendment grants Amendment grants to the states or the people those powers not to the states or the people those powers not delegated to the national governmentdelegated to the national government

States may exercise any power not States may exercise any power not delegated to the national government, delegated to the national government, reserved to the people denied them by the reserved to the people denied them by the ConstitutionConstitution

Schools, local governments, licensingSchools, local governments, licensing

Supremacy ClauseSupremacy Clause

The Constitution, and the laws of the The Constitution, and the laws of the United States …. Shall be the United States …. Shall be the supreme law of the land ….supreme law of the land ….

No state law or constitution may No state law or constitution may conflict with national lawconflict with national law

States create local governments States create local governments

Concurrent PowersConcurrent Powers

Concurrent powers are those powers Concurrent powers are those powers the federal government and the the federal government and the states both have.states both have.

Each level of government exercise Each level of government exercise these powers independentlythese powers independently

Tax, maintain courts, define crimes, Tax, maintain courts, define crimes, appropriate private property for public use appropriate private property for public use ….. …..

Denied PowersDenied Powers

The Constitution specifically denies The Constitution specifically denies some powers to all levels of some powers to all levels of governmentgovernment

Article I, Section 9 – Cannot tax exports …Article I, Section 9 – Cannot tax exports …

Powers denied the states are found Powers denied the states are found in Article I, Section 10in Article I, Section 10

No treaties, Cannot coin money ….No treaties, Cannot coin money ….

Guarantees to the StatesGuarantees to the States

The Constitution obligations to the The Constitution obligations to the StatesStates

Guarantee each state a republican Guarantee each state a republican governmentgovernment

Protect the States from invasion and Protect the States from invasion and domestic violencedomestic violence

Respect the territorial integrity of each StateRespect the territorial integrity of each State

Admission of New StatesAdmission of New States The Constitution gives Congress the power to The Constitution gives Congress the power to

admit new statesadmit new states No state may be formed by taking territory from one or No state may be formed by taking territory from one or

more states without the consent of the states involvedmore states without the consent of the states involved Acts of admission, like all laws, are subject to presidential Acts of admission, like all laws, are subject to presidential

vetoveto The admission begins with an enabling act when The admission begins with an enabling act when

signed by the president, enables the preparation signed by the president, enables the preparation of a constitutionof a constitution

The constitution after approval by popular vote is The constitution after approval by popular vote is submitted to Congresssubmitted to Congress

Congress, then if agreeable, passes an act Congress, then if agreeable, passes an act admitting the territory as a state admitting the territory as a state

Five states were created from existing Five states were created from existing states – Vermont, Kentucky, Tennessee, states – Vermont, Kentucky, Tennessee, Maine, and West VirginiaMaine, and West Virginia

West Virginia’s admission was West Virginia’s admission was controversial over approval by the Virginia controversial over approval by the Virginia legislaturelegislature

Texas was admitted by joint resolution and Texas was admitted by joint resolution and skipped the territorial periodskipped the territorial period

Puerto Rico has considered statehood, but Puerto Rico has considered statehood, but rejected statehood by a vote in 1993rejected statehood by a vote in 1993

Conditions for AdmissionConditions for Admission

Congress or the president may Congress or the president may impose conditions before admitting a impose conditions before admitting a new statenew state

Taft required Arizona to change its Taft required Arizona to change its constitution on the recall of judgesconstitution on the recall of judges

Alaska was prohibited from making Alaska was prohibited from making claims for lands legally held by claims for lands legally held by Native Americans or AleutsNative Americans or Aleuts

Equality of the StatesEquality of the States

Once admitted to the Union, each Once admitted to the Union, each state is equal to every other state and state is equal to every other state and has the right to handle its own affairshas the right to handle its own affairs

No state has more privileges or fewer No state has more privileges or fewer obligations than any otherobligations than any other

Each state is legally separate from Each state is legally separate from every other state in the Unionevery other state in the Union

All states are bound by the All states are bound by the Constitution Constitution

The Supreme Court as an The Supreme Court as an UmpireUmpire

Because federalism divides the Because federalism divides the powers of government, disputes powers of government, disputes between the state and national between the state and national government are common. The courts government are common. The courts often settle disputes and acts as an often settle disputes and acts as an umpireumpire

McCulloch v MarylandMcCulloch v Maryland the court the court ruled in favor of the National ruled in favor of the National Government affirming its supremacyGovernment affirming its supremacy

Interstate RelationsInterstate Relations

““Full faith and credit”Full faith and credit” The Constitution states that “full faith and The Constitution states that “full faith and

credit” shall be given in each state to the credit” shall be given in each state to the public acts, records, and judicial proceedings public acts, records, and judicial proceedings of every other state of every other state

This clause applies to civil laws, or laws This clause applies to civil laws, or laws relating to disputes between individuals, relating to disputes between individuals, groups, or with the state – one state cannot groups, or with the state – one state cannot enforce another state’s criminal lawenforce another state’s criminal law

Public Acts refer to laws passed by state Public Acts refer to laws passed by state legislatureslegislatures

Records are documents like mortgages , Records are documents like mortgages , deeds, leases …deeds, leases …

Judicial proceedings refer to judgments ..Judicial proceedings refer to judgments ..

Privileges and Immunities – as interpreted Privileges and Immunities – as interpreted by the Supreme Court , this clause means by the Supreme Court , this clause means that one state may not discriminate that one state may not discriminate unreasonably against the citizens of unreasonably against the citizens of another stateanother state

Includes pass through or live in any state, use the Includes pass through or live in any state, use the courts, make contracts, buy, sell, hold property, courts, make contracts, buy, sell, hold property, marry ….marry ….

Does not include voting, serving on juries, using Does not include voting, serving on juries, using certain public facilities or institutions … certain public facilities or institutions …

Residency requirements and higher fees are allowed Residency requirements and higher fees are allowed

Extradition – provides for the Governor Extradition – provides for the Governor of a state responsible for returning of a state responsible for returning fugitives fugitives

Interstate Compacts – written Interstate Compacts – written agreements between statesagreements between states

Used to settle disputes (boundaries)Used to settle disputes (boundaries) Deal with issues like air and water pollutionDeal with issues like air and water pollution Regional problems – transportation of Regional problems – transportation of

Hazardous materialsHazardous materials National or foreign governments may be a partyNational or foreign governments may be a party Congress must approve interstate compactsCongress must approve interstate compacts

Evolution of FederalismEvolution of Federalism

Throughout American history there Throughout American history there has been a dispute as to how has been a dispute as to how federalism should operatefederalism should operate

States Rights – favors state and local action States Rights – favors state and local action in dealing with issuesin dealing with issues

Believe the states created the national Believe the states created the national government and gave it limited powersgovernment and gave it limited powers

National government is an agent of the statesNational government is an agent of the states Nationalist – favors national action Nationalist – favors national action

Believe the people created the national and Believe the people created the national and state governments, therefore, the national state governments, therefore, the national government is not subject to the states government is not subject to the states

Believe the “necessary and proper clause” Believe the “necessary and proper clause” means Congress has the right to adopt any means Congress has the right to adopt any means that are convenient and useful to carry means that are convenient and useful to carry out its delegated powersout its delegated powers

Evolution of FederalismEvolution of Federalism NationalismNationalism

Expansion of national powerExpansion of national power Marshall CourtMarshall Court Broad interpretation of National Governments PowerBroad interpretation of National Governments Power

Dual Federalism OneDual Federalism One Roger Taney Roger Taney Separate Distinct Powers – layer cakeSeparate Distinct Powers – layer cake Supported States Rights Supported States Rights

Dual Federalism TwoDual Federalism Two Plessy v FergusonPlessy v Ferguson Civil Rights a matter for state governmentCivil Rights a matter for state government State powers grew, but not equal to national State powers grew, but not equal to national

governmentgovernment

Cooperative FederalismCooperative Federalism 1930’s to 1960’s 1930’s to 1960’s Grew out of reaction to FDR and New DealGrew out of reaction to FDR and New Deal Cooperation between levels - Marble CakeCooperation between levels - Marble Cake Court began to allow national government to Court began to allow national government to

regulate most anything that affected stream regulate most anything that affected stream of commerceof commerce

Creative FederalismCreative Federalism LBJ – The Great SocietyLBJ – The Great Society GrantsGrants

Block – broad purposesBlock – broad purposes Categorical – specific projectsCategorical – specific projects

New FederalismNew Federalism Return of responsibility to the states Return of responsibility to the states Nixon – Revenue SharingNixon – Revenue Sharing Reagan eliminating categorical – favored Reagan eliminating categorical – favored

block grantsblock grants

Competitive FederalismCompetitive Federalism States and federal government compete for States and federal government compete for

power as well as states v states for federal power as well as states v states for federal fundsfunds

Intergovernmental lobbyIntergovernmental lobby Federal government controls the purse – the Federal government controls the purse – the

states handle the projectstates handle the project MandatesMandates Conditions of AidConditions of Aid

Growing National Growing National GovernmentGovernment

Growing National Government is based on Growing National Government is based on the following: the following:

National supremacy clauseNational supremacy clause War PowersWar Powers Regulate Interstate and Foreign CommerceRegulate Interstate and Foreign Commerce

Commerce clause give national government power Commerce clause give national government power to regulate a wide range of human activity because to regulate a wide range of human activity because few aspects of the economy affect commerce in few aspects of the economy affect commerce in only one stateonly one state

Tax and SpendTax and Spend Congress lacks authority to pass laws solely for the Congress lacks authority to pass laws solely for the

general welfare, but it may raise taxes and general welfare, but it may raise taxes and determine how to spend revenues for this purpose. determine how to spend revenues for this purpose.