The Federal The Federal SystemSystemCh.4Ch.4

SSCG 5SSCG 5

The word federal denotes The word federal denotes alliances between alliances between independent sovereignties.independent sovereignties.

Federalism is a system in Federalism is a system in which the power to govern is which the power to govern is shared between national, shared between national, state, and local governments. state, and local governments.

If a conflict exists between If a conflict exists between the state and federal the state and federal government, the supremacy government, the supremacy clause mandates that federal clause mandates that federal laws are supreme. laws are supreme.

The U.S. federal system has five basic characteristics: The U.S. federal system has five basic characteristics: * Federalism provides a division of legal authority between state * Federalism provides a division of legal authority between state

and national governments. Overlap occurs, but two legally distinct and national governments. Overlap occurs, but two legally distinct spheres of government exist. spheres of government exist.

* The states are subordinate to the national government in such * The states are subordinate to the national government in such areas as management of foreign affairs and regulation of areas as management of foreign affairs and regulation of interstate commerce. interstate commerce.

* Federalism enables positive cooperation between state and * Federalism enables positive cooperation between state and national governments in programs pertaining to education, national governments in programs pertaining to education, interstate highway construction, environmental protection and interstate highway construction, environmental protection and health, unemployment, and social security concerns. health, unemployment, and social security concerns.

* The U.S. Supreme Court serves as legal arbiter of the federal * The U.S. Supreme Court serves as legal arbiter of the federal system in regard to conflicting claims of state and national system in regard to conflicting claims of state and national governments. governments.

* The two levels of government exercise direct authority * The two levels of government exercise direct authority simultaneously over people within their territory. Dual citizenship simultaneously over people within their territory. Dual citizenship exists under federalism, and individuals can claim a wide range of exists under federalism, and individuals can claim a wide range of rights and privileges from both state and national governmentsrights and privileges from both state and national governments

The national government and The national government and state governments share powers. state governments share powers.

Shared powers between the Shared powers between the national government and state national government and state governments are called governments are called concurrent powers. .

Current powers of the national Current powers of the national government and state government and state governments include the ability governments include the ability to: to:

Collect taxes Collect taxes Build roads Build roads Borrow money Borrow money Establish courts Establish courts Make and enforce laws Make and enforce laws Charter banks and corporations Charter banks and corporations Spend money for the general Spend money for the general

welfare welfare Take private property for public Take private property for public

purposes, with just compensation purposes, with just compensation

The The enumerated powersenumerated powers are are a list of specific a list of specific responsibilities found in responsibilities found in Article 1Section 8 of the Article 1Section 8 of the United States Constitution, United States Constitution, which iterates the authority which iterates the authority granted to the United States granted to the United States Congress.Congress.

Congress may exercise only Congress may exercise only those powers that are granted those powers that are granted to it by the Constitution, to it by the Constitution, limited by the Bill of Rights limited by the Bill of Rights and the otherand the other protection found protection found in the Constitution.in the Constitution.

"Implied powers""Implied powers" are are powers not given to the powers not given to the government directly through government directly through the constitution, but are the constitution, but are implied. implied.

"Implied powers""Implied powers" are those are those powers authorized by a legal powers authorized by a legal document which, while not document which, while not stated, are deemed to be stated, are deemed to be implied by powers expressly implied by powers expressly stated.stated.

These powers fall under the These powers fall under the Elastic Clause in Section 8 of Elastic Clause in Section 8 of Article 1 of the U.S. Article 1 of the U.S. Constitution.Constitution.

What state governments may What state governments may not have the power to do:not have the power to do:

May not enter into treaties May not enter into treaties with other countries with other countries

May not print money May not print money May not tax imports or May not tax imports or

exports exports May not Impair obligations of May not Impair obligations of

contracts contracts May not suspend a person's May not suspend a person's

rights without due process rights without due process

What the federal government What the federal government can not do: can not do:

May not violate the Bill of May not violate the Bill of Rights Rights

May not impose export taxes May not impose export taxes among states among states

May not use money from the May not use money from the Treasury without the passage Treasury without the passage and approval of an and approval of an appropriations bill appropriations bill

May not change state May not change state boundaries.boundaries.

The state or federal The state or federal government can not:government can not:

Grant titles of nobility Grant titles of nobility Permit slavery (13th Permit slavery (13th

Amendment) Amendment) Deny citizens the right to Deny citizens the right to

vote due to race, color, vote due to race, color, or previous servitude or previous servitude (15th Amendment) (15th Amendment)

Deny citizens the right to Deny citizens the right to vote because of gender vote because of gender (19th Amendment) (19th Amendment)

The balance of The balance of power is given to the power is given to the states and national states and national government.government.

Each has to answer Each has to answer to the 3 branches of to the 3 branches of government.government.

The The Supremacy ClauseSupremacy Clause is a is a clause in the clause in the United States Constitution, , article VI, paragraph 2. The article VI, paragraph 2. The clause establishes the clause establishes the Constitution, Federal Constitution, Federal Statutes, and U.S. treaties as Statutes, and U.S. treaties as "the supreme law of the land". "the supreme law of the land".

The text establishes these as The text establishes these as the highest form of law in the the highest form of law in the American legal system, American legal system, mandating that state judges mandating that state judges uphold them, even if state uphold them, even if state laws or constitutions conflict.laws or constitutions conflict.

The Constitution grants The Constitution grants 3 types of power3 types of power to the to the national government: national government: expressed, implied, and expressed, implied, and inherent powers.inherent powers.

Delegated powersDelegated powers (all (all of the aforementioned) of the aforementioned) are the powers given to are the powers given to national government by national government by the Constitution.the Constitution.

The The expressed expressed powers powers are those are those powers directly powers directly stated in the stated in the Constitution by the Constitution by the founders.founders.

They are found in the They are found in the first three articles of first three articles of the Constitution.the Constitution.

Implied powersImplied powers are are powers that the powers that the government requires government requires to carry out the to carry out the expressed expressed constitutional constitutional powers.powers.

The basis for these is The basis for these is the “elastic clause” in the “elastic clause” in Article 1 Section 8.Article 1 Section 8.

Inherent powersInherent powers are are those powers the those powers the government government exercises simply exercises simply because it’s the because it’s the government. government.

Controlling Controlling immigration is one of immigration is one of these.these.

Reserved powers Reserved powers are those powers are those powers that belong strictly to that belong strictly to the states.the states.

Those powers “not Those powers “not delegated to the delegated to the United States by the United States by the Constitution, nor Constitution, nor prohibited by the prohibited by the states.”states.”

Article VI contains Article VI contains the the supremacy supremacy clause, clause, establishing establishing that the Constitution, that the Constitution, laws passed by laws passed by Congress, and Congress, and treaties of the U.S. treaties of the U.S. are the supreme law are the supreme law of the land.of the land.

The national government The national government must do three things for must do three things for the states: (1.) must the states: (1.) must guarantee a republican guarantee a republican form of government; (2.) form of government; (2.) protect from invasion protect from invasion and domestic violence; and domestic violence; and (3.) respect the and (3.) respect the territorial integrity of territorial integrity of each state.each state.

How does Congress How does Congress admit a state to the admit a state to the Union?Union?

Step one: Congress Step one: Congress passes an passes an enabling act enabling act – when signed by the – when signed by the Pres. allows the people Pres. allows the people of a territory interested in of a territory interested in becoming a state to becoming a state to prepare a constitution.prepare a constitution.

Step two to Step two to becoming a state: becoming a state: After the constitution After the constitution has been drafted is has been drafted is approved by popular approved by popular vote in the area, it is vote in the area, it is submitted to submitted to Congress.Congress.

Step three to Step three to becoming a state: becoming a state: after approval of the after approval of the constitution, if constitution, if Congress is still Congress is still agreeable, it passes agreeable, it passes an act admitting the an act admitting the territory as a state.territory as a state.

Each new state admitted Each new state admitted to the Union must meet to the Union must meet certain conditions certain conditions imposed by Congress or imposed by Congress or the President. (Arizona the President. (Arizona had to change its had to change its constitution, Ohio could constitution, Ohio could not tax the sale of not tax the sale of federal lands.)federal lands.)

Once admitted, each Once admitted, each state is equal to every state is equal to every other state and has the other state and has the right to run its own right to run its own internal affairs.internal affairs.

States have 2 States have 2 obligations to the obligations to the national government: national government: conduct and pay for conduct and pay for elections of all elections of all national government national government officials, and officials, and amending the amending the Constitution.Constitution.

Because federalism Because federalism divides the powers of divides the powers of government, conflicts do government, conflicts do arise between the arise between the national and state national and state governments.governments.

The federal court state, The federal court state, especially the U.S. especially the U.S. Supreme Court plays a Supreme Court plays a key role in settling these key role in settling these disputes.disputes.

In 1819, In 1819, McCulloch vs. Maryland McCulloch vs. Maryland brought up the issue of state vs. brought up the issue of state vs. national government and who national government and who had the most power.had the most power.

Congress chartered The Second Congress chartered The Second Bank of the United States. In Bank of the United States. In 1818, the state of Maryland 1818, the state of Maryland passed legislation to impose passed legislation to impose taxes on the bank. James W. taxes on the bank. James W. McCulloch, the cashier of the McCulloch, the cashier of the Baltimore branch of the bank, Baltimore branch of the bank, refused to pay the tax. refused to pay the tax.

The Supreme Court invoked the The Supreme Court invoked the Necessary and proper Clause in Necessary and proper Clause in theConstitution, which allowed theConstitution, which allowed the Federal government to pass the Federal government to pass laws not expressly provided for in laws not expressly provided for in the Constitution's list of express the Constitution's list of express powers as long as those laws are powers as long as those laws are in useful furtherance of the in useful furtherance of the express powers. express powers.

The Constitution says The Constitution says the states must (1.) give the states must (1.) give “full faith and credit’ to “full faith and credit’ to the laws, records, and the laws, records, and court decisions of other court decisions of other states; (2.) give one states; (2.) give one another’s citizens all the another’s citizens all the “privileges and “privileges and immunities” of their own immunities” of their own citizens; and(3.) citizens; and(3.) extradite – return to a extradite – return to a state – criminals and state – criminals and fugitives who flee across fugitives who flee across state lines to avoid state lines to avoid justice.justice.

The Constitution says The Constitution says each state must each state must recognize the laws and recognize the laws and legal proceedings of legal proceedings of other states – “full faith other states – “full faith and credit.”and credit.”

This applies only to This applies only to civil civil lawlaw – laws relating to – laws relating to disputes between disputes between individuals, groups, or individuals, groups, or with the state.with the state.

Some “privileges and Some “privileges and immunities” are the right immunities” are the right to pass through or live in to pass through or live in any state; use the any state; use the courts; make contracts; courts; make contracts; buy, sell, and build buy, sell, and build property; and marry.property; and marry.

States can discriminate States can discriminate against non-residents –against non-residents –voting; attending publicly voting; attending publicly supported institutions; supported institutions; and higher fees to hunt and higher fees to hunt and fish; etc.and fish; etc.

Extradition is the Extradition is the legal procedure legal procedure through which a through which a person who has fled person who has fled to another state is to another state is returned to the state returned to the state where the crime took where the crime took place.place.

Congress requires states to Congress requires states to decide disputes without the decide disputes without the use of force.use of force.

Interstate compacts Interstate compacts are a are a written agreement between written agreement between two or more states.two or more states.

Congress must approve Congress must approve interstate compactsinterstate compacts

States use these to deal with States use these to deal with matters such as pollution, matters such as pollution, hazardous waste, tolls, and hazardous waste, tolls, and transportation.transportation.

There are two views on how There are two views on how federalism should operate: the federalism should operate: the states’ rights position and the states’ rights position and the nationalist position.nationalist position.

The The states’ rights position states’ rights position favors state and local action in favors state and local action in dealing with problems.dealing with problems.

States’ rights position holds that States’ rights position holds that the Constitution is a compact the Constitution is a compact among the states. The states among the states. The states created the national government created the national government and gave it limited powers.and gave it limited powers.

Chief Justice Roger B. Taney Chief Justice Roger B. Taney upheld this view.upheld this view.

The The nationalist position nationalist position favors national action in favors national action in dealing with problems.dealing with problems.

The nationalist position The nationalist position rejects the view that the rejects the view that the Constitution is merely a Constitution is merely a compact between the states. compact between the states. They argue that the people, They argue that the people, not the states, created both not the states, created both the state and national the state and national government. It stands for the government. It stands for the people.people.

McCulloch vs. Maryland McCulloch vs. Maryland upheld this view.upheld this view.

American federalism has American federalism has been shaped by the growth in been shaped by the growth in size and power of the national size and power of the national government.government.

A major reason for the A major reason for the change is the Constitution’s change is the Constitution’s flexibility to meet the needs of flexibility to meet the needs of a modern industrial world.a modern industrial world.

Three Constitutional Three Constitutional provisions have helped this provisions have helped this expansion: (1.) war powers; expansion: (1.) war powers; (2.) the power to regulate (2.) the power to regulate interstate commerce; and (3.) interstate commerce; and (3.) the power to tax and spend. the power to tax and spend.

The national government The national government has the power to wage has the power to wage war.war.

This involves more than This involves more than putting troops in the putting troops in the field.field.

The condition of the The condition of the economy and strength of economy and strength of the educational system the educational system can affect the can affect the capabilities of a nation’s capabilities of a nation’s military.military.

The U.S. Supreme Court has The U.S. Supreme Court has interpreted the term commerce to interpreted the term commerce to mean all activities having to do mean all activities having to do with the production, buying, with the production, buying, selling, and transporting of selling, and transporting of goods.goods.

The The Civil Rights Act of 1964 Civil Rights Act of 1964 forbids the racial discrimination in forbids the racial discrimination in public accommodations.public accommodations.

The court felt discrimination The court felt discrimination restricted the flow of interstate restricted the flow of interstate commerce, Congress has the commerce, Congress has the power regulate trade, and power regulate trade, and therefore Congress can pass therefore Congress can pass laws against racial discrimination.laws against racial discrimination.

Congress may raise taxes Congress may raise taxes and spend money for the and spend money for the general welfare of the people.general welfare of the people.

The Sixteenth Amendment The Sixteenth Amendment gave Congress the right to tax gave Congress the right to tax incomes. incomes.

This This income tax income tax has become has become the major source of money for the major source of money for the national government.the national government.

Taxes may be used to Taxes may be used to regulate businesses, and regulate businesses, and taxes may be used to taxes may be used to influence states to adopt influence states to adopt certain kinds of programs.certain kinds of programs.

The national government uses The national government uses two major ways to influence two major ways to influence state and local governments: state and local governments: providing money through providing money through various federal grants, and various federal grants, and imposing mandates that take imposing mandates that take away the ability of state away the ability of state governments to make their governments to make their own policies. own policies.

Federal grants are monies Federal grants are monies given to state programs by the given to state programs by the federal government. They federal government. They may use preemption, restraint, may use preemption, restraint, or mandate to make sure the or mandate to make sure the states meet national states meet national standards.standards.

The course of action The course of action government takes in government takes in response to a problem is response to a problem is called called public policy.public policy.

Public policy is effected Public policy is effected two ways by federalism: two ways by federalism: (1.) how and where new (1.) how and where new policies are made, and policies are made, and (2.) introduces limits on (2.) introduces limits on government policy government policy making.making.

Federalism allows states and Federalism allows states and local areas to serve as local areas to serve as proving grounds for new proving grounds for new policies to be developed and policies to be developed and tested.tested.

Sunset laws Sunset laws require periodic require periodic checks of government checks checks of government checks of government agencies to of government agencies to see if they are still needed.see if they are still needed.

Sunshine laws Sunshine laws prohibit prohibit public officials from holding public officials from holding meetings not open to the meetings not open to the public.public.

Federalism increases a Federalism increases a person’s chances to person’s chances to participate in government.participate in government.

The increase in participation The increase in participation has led to more federal has led to more federal programs. This calls for a programs. This calls for a large large bureaucracybureaucracy – – organization of government organization of government administrators – to carry out administrators – to carry out legislation.legislation.

States have been given more States have been given more control over state issues; control over state issues; national control exists over national control exists over other issues.other issues.