Chapter 4The Federal System

Basic Principles• Two levels of government– Each assumes power from the people (in a

democratic form)– Each level is considered supreme in the areas of

power assigned to it– Each level is protected by fundamental laws of the

Constitution that prevent either level from destroying the other

Supremacy Clause• Article VI, Section 2• Constitution is the Supreme Law of the Land• Order of supremacy

1. Constitution2. Acts of Congress and Treaties3. State Constitutions4. State Statutes (laws)5. City and County Charters

Role of National Government

Expressed Powers• Powers specifically spelled out in

the Constitution• Also known as Enumerated Powers

Inherent Powers• Powers that the

government has simply because it is a government of a sovereign state

• Example: the power to regulate immigration or power to acquire territory by legal means

Implied Powers• Powers not expressly stated in

Constitution but implied by powers expressly stated

• “necessary and proper clause” or “elastic clause”

• Example: Expressed power gives Congress to power to raise an army or navy therefore it is an implied power that they can call for a draft

Role of National Government• Denied Powers– Power expressly denied in the Constitution –

cannot impose taxes on exports– Power denied because Constitution is silent on the

matter – public schools– Powers denied because of the structure of the

federal system – government cannot levy a tax on state governments

Role of State Governments• Reserved Powers– States allowed to exercise all powers not

specifically given to national government• Example – each state has different requirements as to

how you can obtain a driver’s license

• Denied Powers– Powers expressly denied in Constitution – states

cannot enter treaties with other countries– Powers denied because of the structure of

federalism – states cannot declare war or tax national government

Common Roles

• Concurrent Powers– Powers given to both state and national

government • Powers limiting both states and national

government – Bill of Rights

power

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Admission of New States• Power granted to Congress• No state can be created by taking territory from a

current state without consent• Subject to presidential veto• Enabling act – when signed by president allows

people in the territory interested in becoming a state to prepare a constitution– Constitution then is approved by a popular vote in

territory– Congress then passes an act making the territory a

state

Interstate Relations: Full Faith and Credit

• States must recognize legal proceeding from other states

• Applies only to civil law• One state cannot enforce another state’s

criminal law• Records = documents• Judicial proceedings = court actions

Interstate Relations: Privileges and Immunities

• States cannot discriminate against the citizens of another state

• Pass through states, marry, make contracts, do business

• “reasonable discrimination” – voting, jury duty, use of public facilities, residency requirements to register to vote, attendance/tuition of state sponsored schools

Interstate Relations: Extradition• Governor of the state to which a fugitive flees

is responsible for returning them– Supreme court has loosed the requirement to

return the criminal– Some governors have and can refuse, most

comply

Interstate Relations: Interstate Compacts

• Written agreements between two or more states

• National government or foreign countries can also be part of a compact

• Congress must approve• Roads/bridges, pollution, business

Interstate Relations: Lawsuits

• States can sue one another• Heard only in the Supreme Court• Water disputes, pollution, boundary lines

States’ Rightist Versus Nationalists• States’ rights position – favors state and local

action in dealing with problems– States created the national government– States’ governments are closer to the people and

can make better decisions based on the needs of the people

• Nationalist position – favors national action in dealing with problems– People that created national and state

governments– National government speaks for all people

Mandate and Restraint• Mandate – federal order requiring states to

provide a service or undertake an activity in order to meet minimum requirements set by Congress

• Restraint – Congress prohibits a state or local government from performing a specific function or power

Federalism and public policy• Sunset laws – these kind of laws require

periodic checks of government to see if they are still needed

• Sunshine law – prohibits official from holding closed meetings

• Bureaucracy – organization of government administrators for the purpose of carrying out legislation