Federalism Chapter 4

Why Federalism?

• Needed a government strong enough to meet the nation’s needs, but still preserve the existing states strength

• Maintain limited government– Protect individuals

Defining Federalism

• A system of government in which a written constitution divides the powers of government on a territorial basis between a central or national, government and several regional governments, usually called states or provinces.

Defining Federalism

• American Federalism is written out in the Constitution.– Specific powers are granted to the National

Government and the States.

What Are Some Strengths of Federalism?

Powers of the National Government

• The National Government has delegated powers, or only powers given to it in the Constitution.

• 3 types1. Expressed2. Implied3. Inherent

Expressed Powers

• These are powers written out, expressly, in the Constitution.– AKA “enumerated powers”

• Located in Article I Section 8 • Lay and Collect Taxes• Coin Money• Regulate foreign and interstate commerce• Raise / maintain armed forces• Declare war…..• And many more

Implied Powers

• Powers not expressly stated in the Constitution, but are reasonably suggested, or implied, by the expressed powers.

• “Necessary and Proper” Clause– Article 1 Section 8 Clause 18

• McCulloch v. Maryland (1819)

Implied Powers Examples• Labor management relations• Interstate highway construction• Crimes across state lines• Prohibited discrimination• Establishing national bank

Inherent Powers

• Powers that belong to the National Government because it is the government of a sovereign state within the world community.

• Few in number– Regulate immigrations, deport undocumented

aliens, acquire territory, protect against rebellion, grant diplomatic recognition

What Powers Are Denied to the National Government?

• Some expressly, some because of silence of the Constitution

The States

• Reserved Powers are ones not granted to National Government in Constitution

• States also denied powers expressly and inherently because of federalism

Exclusive and Concurrent Powers

• Some powers belong exclusively to only one division of government

• Some powers are concurrent, or shared by both divisions of government

• Chart on pg. 93

Federal System and Local Governments

• Officially two levels, technically three levels; national, state, local

• 87,000 units of local government in the U.S. today…..all smaller parts of state governments

What is the Supreme Law of the Land?

• The Constitution• Why?

– The Supremacy Clause• Article VI Section 2

The Supreme Court and Federalism

• McCulloch v. Maryland (1819)– National Government wants

to establish national bank– State of Maryland does not

want it established and imposes a tax on the bank

– Court rules in favor of National Government

• Taxing has the power to destroy

Quiz

1. What are expressed powers?2. What are concurrent powers? 3. What is the supreme law of the land?4. What was the major Supreme Court case

dealing with federalism?5. How tall is Mr. Skinner?

Section 2

The National Government and the 50 States

Nation’s Obligations to the States

• Guarantee of Republican form of government– Not defined , usually interpreted as representative

government• Protect from invasion, not as important now,

as well as internal disorder

MLK Assassination 1968

Nation’s Obligations to the States

• Must also recognize the physical boundaries of states

Admitting New States

• Congress has the power • Cannot be created by taking territory of

another preexisting state w/o their permission– Texas was independent republic– California ceded to the U.S. by Mexico– Usually 15 years as an organized territory before

admitted

Admission Procedure

• State ask Congress• Congress request a

Constitution• Must be approved by

state vote, then congress

• Congress passes and enabling act

• If president signs it territory becomes a state

Cooperative Federalism

Federal Government

States

Federal Grants-in-aid

• Grants of money or other resources to the States and/or their cities, counties, and other local units.

• Long History• Morrill Act of 1862

Federal Grants-in-aid

• Cash grants not a big role until the Great Depression

• Currently more than 500 grants-in-aid in operation– $250 Billion , 25% of all state and local

government spending

Revenue Sharing

• 1972-1987• Essentially federal tax

revenue shared with states

• Total $87 billion over the 15 years

• Only regulation was no spending funds on programs of discrimination

Types of Federal Grants

• Categorical Grants: for a specifically defined purpose– Example: School lunches

• Block Grants: broadly defined purposes– Example: Education

Types of Federal Grants

• Project Grants: grants that must be applied for, frequently used for job training and employment programs

Other Forms of Federal Aid

• FBI• National Guard• Census Bureau

State Aid to the National Government

• Help with conducting national elections• Financed by states, and run by their laws• Naturalization of illegal immigrants handled by

states• Assisting with criminals