GovernmentGovernment

Chapter 4Chapter 4

Chapter 4Chapter 4

Section 1Section 1

FederalismFederalism Federalism: system of government in which Federalism: system of government in which

governmental powers are divided between governmental powers are divided between the national and state governments. the national and state governments.

Why do we have federalism? Main reason Why do we have federalism? Main reason was that it was a compromise between the was that it was a compromise between the Federalist and Anti-Federalist. Other Federalist and Anti-Federalist. Other reasons:reasons:

1.1. Big Country-allows functions to be “farmed out” Big Country-allows functions to be “farmed out” to the states. to the states.

2.2. Sheer size of the country makes it hard to Sheer size of the country makes it hard to locate all political authority into one place. locate all political authority into one place.

3.3. Brings government closer to the people. Brings government closer to the people.

Powers of the National Powers of the National GovernmentGovernment

Powers are found in Article I, Section 8 of the Constitution. Powers are found in Article I, Section 8 of the Constitution. Constitution lists the Constitution lists the enumerated powersenumerated powers: powers : powers

specifically granted by the Constitution (declaring war, specifically granted by the Constitution (declaring war, coining money, etc.) coining money, etc.)

Federal government also has Federal government also has implied powers:implied powers: powers that powers that are not expressly stated in the Constitution, but can be are not expressly stated in the Constitution, but can be implied from its words.implied from its words. The federal government’s implied powers are taken from The federal government’s implied powers are taken from

the the Necessary and Proper ClauseNecessary and Proper Clause. . Inherit PowersInherit Powers: powers held by the national government by : powers held by the national government by

virtue of being a sovereign state with the right to protect virtue of being a sovereign state with the right to protect itself.itself. Examples: make treaties and acquire new land. Examples: make treaties and acquire new land.

Other PowersOther Powers Power of State GovernmentsPower of State Governments: the 10: the 10thth Amendment gives Amendment gives

powers to the states that are not directly given to the powers to the states that are not directly given to the national government as long as there is no conflict. national government as long as there is no conflict. Example: Police Power of the states. Example: Police Power of the states.

Concurrent PowersConcurrent Powers: powers shared by both the national : powers shared by both the national and state governments. and state governments. Example: Power to tax.Example: Power to tax.

Prohibited PowersProhibited Powers National government is forbidden to tax exports. National government is forbidden to tax exports. States cannot enter into treaties with other states or States cannot enter into treaties with other states or

with foreign countries. with foreign countries. Supremacy ClauseSupremacy Clause: Found in Article VI, Clause 2. : Found in Article VI, Clause 2.

States that Constitutional and federal laws are States that Constitutional and federal laws are superior to all conflicting state and local laws. The superior to all conflicting state and local laws. The Constitution is the supreme law of the land. Constitution is the supreme law of the land.

Chapter 4Chapter 4

Section 2Section 2

The National Government The National Government and the 50 Statesand the 50 States

The National Government’s The National Government’s obligations to the States:obligations to the States:

1.1. Must ensure of a republican form of Must ensure of a republican form of government. government.

2.2. Must protect states against foreign Must protect states against foreign invasion and domestic violence. invasion and domestic violence.

3.3. Must respect and recognize the legal Must respect and recognize the legal territorial boundaries of each state. territorial boundaries of each state.

Admitting New StatesAdmitting New States Admission Procedure:Admission Procedure:

1.1. Area seeking admission must first petition Area seeking admission must first petition Congress for admission. Congress for admission.

2.2. It Congress accepts petition, then It Congress accepts petition, then Congress passes and Congress passes and enabling actenabling act which which calls for a drafting a state constitution. calls for a drafting a state constitution.

3.3. The state constitution is drafted and then The state constitution is drafted and then approved by popular vote in the state. approved by popular vote in the state.

4.4. If the state constitution is approved by the If the state constitution is approved by the voters and Congress, then Congress passes voters and Congress, then Congress passes an an act of admission act of admission which must be signed which must be signed by the President. If it is signed by the by the President. If it is signed by the president then the new state is admitted.president then the new state is admitted.

Cooperative FederalismCooperative Federalism Cooperative Federalism: when the federal Cooperative Federalism: when the federal

government and state governments work in government and state governments work in cooperation with one another. cooperation with one another.

Types of Cooperative Federalism:Types of Cooperative Federalism: Federal Grants-in-Aid:Federal Grants-in-Aid: grants of federal money or grants of federal money or

other resources to the States to help carry out their other resources to the States to help carry out their functions. Most often are in the form of functions. Most often are in the form of categorical categorical grantsgrants that are intended for specified purpose. that are intended for specified purpose.

Another type of Federal grant-in-aid is a Another type of Federal grant-in-aid is a block block grantsgrants: funds provided to the state and local : funds provided to the state and local governments to be used for general purposes. governments to be used for general purposes. Block grants gives States more freedom on how to Block grants gives States more freedom on how to spend the money. spend the money.

Chapter 4Chapter 4

Section 3Section 3

Interstate RelationsInterstate Relations Horizontal federalismHorizontal federalism: when state governments : when state governments

interact with one another. interact with one another. We know that states cannot enter into treaties We know that states cannot enter into treaties

with each other or foreign countries, but with with each other or foreign countries, but with the approval of Congress two states can enter the approval of Congress two states can enter into an into an interstate compact:interstate compact: an agreement an agreement between two or more states. between two or more states. Examples: New York and New Jersey have an Examples: New York and New Jersey have an

interstate compact to manage the harbor facilities that interstate compact to manage the harbor facilities that the states share.the states share.

Local Example: South Carolina has an agreement with Local Example: South Carolina has an agreement with certain counties in Georgia to allow Georgia students certain counties in Georgia to allow Georgia students to attend USC-Aiken and pay the South Carolina to attend USC-Aiken and pay the South Carolina resident tuition. resident tuition.

Constitutional Constitutional GuaranteesGuarantees

The Constitution regulates The Constitution regulates horizontal federalism in three horizontal federalism in three ways:ways:

1.1. Full Faith and CreditFull Faith and Credit

2.2. Immunities and Privileges Immunities and Privileges

3.3. ExtraditionExtradition

Full Faith and CreditFull Faith and Credit The Constitution states: “Full faith and The Constitution states: “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 public acts, records, and judicial proceedings of every other state.”proceedings of every other state.”

This means states must recognize birth This means states must recognize birth certificates, marriage licenses, car certificates, marriage licenses, car registrations, property deeds, and registrations, property deeds, and judicial judgments. judicial judgments.

States cannot enforce other states’ States cannot enforce other states’ criminal laws, and do not have to criminal laws, and do not have to recognize all divorce decrees. recognize all divorce decrees.

Privileges and Privileges and Immunities Immunities

The Constitution states: “The citizens of each State The Constitution states: “The citizens of each State shall be entitled to all privileges and immunities of shall be entitled to all privileges and immunities of citizens of the several States.”citizens of the several States.”

This means when you visit another state you are This means when you visit another state you are allowed to do everything residents of those states allowed to do everything residents of those states are allowed to do. are allowed to do.

Example: Residents of North Carolina are allowed Example: Residents of North Carolina are allowed to come to buy fireworks in South Carolina even to come to buy fireworks in South Carolina even though it would be illegal to buy fireworks in NC. though it would be illegal to buy fireworks in NC.

Exceptions: voting, acquiring professional licenses, Exceptions: voting, acquiring professional licenses, etc. States require proof of residency for these etc. States require proof of residency for these actions. States can also charge higher fees for out actions. States can also charge higher fees for out of state residents on hunting and fishing licenses. of state residents on hunting and fishing licenses.

Extradition Extradition The Constitution states: “A person charged in The Constitution states: “A person charged in

any State with treason, felony, or other crime, any State with treason, felony, or other crime, who flee from justice, and be found in another who flee from justice, and be found in another States, shall, on demand of the executive States, shall, on demand of the executive authority of the State from which he fled, be authority of the State from which he fled, be delivered upon, to be removed to the State have delivered upon, to be removed to the State have jurisdiction of the crime.”jurisdiction of the crime.”

Simply means that when a felony criminal flees Simply means that when a felony criminal flees one state to another, the State must return the one state to another, the State must return the criminal to the original State if that State criminal to the original State if that State requests. requests.

If someone commits murder in SC and flees to If someone commits murder in SC and flees to California and is found by authorities in CA, then California and is found by authorities in CA, then CA must return the criminal to SC if SC files a CA must return the criminal to SC if SC files a request. request.