IV. FEDERALISM

American GovernmentUnit 3: Foundations of American

Government

Objectives

Define Federalism and explain why the Framers chose this system?

Identify powers delegated to and denied to the National Government, and powers reserved for and denied to the States.

Explain the difference between exclusive and concurrent powers. Examine the Constitution as “the supreme Law of the Land.” Summarize the obligations that the Constitution places on the

National Government with regard to the States. Explain the process for admitting new States to the Union. Examine the many and growing areas of cooperative federalism. Explain Interstate compacts, Extradition and the Privileges and

Immunities Clause. Understand the purpose of the Full Faith and Credit Clause.

A) The Framers Choose Federalism

Did not want strong central government – England

Articles of Confederation too weekChose Federalism

B) Federalism Defined

- Division of powers: certain powers to the National Government and reserve powers to the States

- Dual system of government- It allows local action in matters of local

concern- laboratories of government – experimentation

to solve problems

C) Powers of the Federal Government

Delegated powers – powers given to the federal government (expressed, implied, and inherent)

Expressed powers – powers specifically spelled out in the Constitution – coin money, war

Implied powers – not specifically stated but reasonably suggested

Necessary and Proper Clause – Elastic Clause (97)Inherent powers – powers that naturally belong to a

sovereign national governmentAcquire territory, deport aliens, grant diplomatic

recognition, receive ambassadors, protect nation from rebellion.

D) Powers Denied to the Federal Government

Article I, section 9 and 1-8 amendmentsThree ways, says in the Constitution, does not

say in the Constitution, and ones that would threaten Federalism.

Cant tax exports or eminent domainCat run public schools, marriage lawsCan’t tax states into destruction

E) The States

Reserved powers – powers not denied to the states and not granted to the federal government (state powers)

Public schools, licensing, elections, alcohol.Page 99

F) Exclusive and Concurrent Powers

Exclusive powers – powers exercised only by the National Government – not by the States(ever!)

Coin money, make treaties, tax imports, regulate commerce

Concurrent powers – powers that both the National Government and the States both have.

Taxes, crimes and punishmentsLocal governments are technically part of the

State governments.

G) Supreme Law of the Land

Supremacy Clause – part of the Constitution that says the Constitution is the LAW!

Article 6“supreme law of the land”Some people think the Constitution is

compact between states.Rather than one between and among “We the

people of the United States”

II. The National Government and the 50 States

A) The Nation’s Obligations

1) Must guarantee a republic form of government (representative democracy)

2) Must protect from invasion and internal disorder

An attack on one is an attack on allDomestic Violence – only if asked except when

federal property or rights are in danger (104)3) Must respect territorial integrity – can’t

change states boundaries without their consent

B) Admitting New States

Northwest Ordinance passed by the Congress of the Confederation in 1787 and then by Congress in 1790.

Determined how a territory became a stateEqual footing, 60,000 people1) Only Congress can accept new states2) Enabling act – territories given permission to write a

Constitution3) Act of Admission – Congress approves the

Constitution and President signs it.- There has been conditions – Utah and polygamy,

Arizona and its recall of judges.

C) Federal Grants-in-Aid

Today - $400 billion to states – about 1/3 of there revenueFirst was the Northwest Ordinance when the government

sold land. Many since the Great Depression.Grant-in-aid programs – grantsCategorical grants – grants for specific purposes (strings

required) Highway money (speed limit, 21 drinking age)Block grants – not as specific – healthcare, welfareProject grants – made for specific projects for states,

localities, and private agencies that apply for them.Other – FBI, National Guard, Census Bureau.States pay for elections

III. Interstate Compacts

A) Interstate Compacts

Interstate compacts – agreements among themselves and with foreign states

Most are checked by the Supreme Court – can’t increase a states power.

Port Authority of New York and New Jersey

B) Full Faith and Credit

Full Faith and Credit Clause – States public acts, records, and judicial proceedings are recognized by other states

Licenses, court actions, and lawsOnly for civil laws – not criminalMarriage and divorce only in states of residents –

no quickiesAre same sex marriages in one state recognized

in states that don’t have them? A Congressional law (DOMA) says no – only matter of time before the Supreme Court rules

C) Extradition

Extradition – legal process by which a fugitive from justice in one State can be returned to that State – can escape justice by fleeing from a State.

Usually routineI Escaped a Georgia Chain Gang1980 – Supreme Court ruled that Federal

Courts can force states to extraditeHard in racial or political examples and

parental custody/kidnapping.

D) Privileges and Immunities

Privileges and Immunities Clause – no State can draw unreasonable distinctions between its own residents and those of another State.

Travel, residency, courts, property, or marryHire instate people first, welfare lower for new

residentsCan 30 days before vote, practice law, medicine,

and dentistryNonresidents can pay a higher fee for hunting

and fishing licenses and higher tuition fees for out of State Colleges.

Review

What are two examples of records that a State must recognize under the Full Faith and Credit Clause? What two examples don’t?

Describe the Extradition Clause and explain its purpose?

Why do states make interstate compacts?