federalism magruder chapter four. federalism and the division of power section one

Federalism

Magruder Chapter FourMagruder Chapter Four

Federalism and the Division of Power

Section OneSection One

Federalism and Division of Power

Federalism DefinedFederalism Defined A system in which powers of government A system in which powers of government

are divided between a national government are divided between a national government and several regional or local governments.and several regional or local governments.

The Constitution established a federal The Constitution established a federal system in the 10system in the 10thth Amendment. Amendment.


Federalism DefinedFederalism Defined (con.) (con.) Federalism allows local actions in matters Federalism allows local actions in matters

of local concern and national action in of local concern and national action in matters of wider concern.matters of wider concern.


National Government is one of Delegated National Government is one of Delegated PowersPowers

It has only those powers granted to it by the It has only those powers granted to it by the Constitution of the United States.Constitution of the United States.

Three types of delegated powers exist:Three types of delegated powers exist: Expressed, Implied, and InherentExpressed, Implied, and Inherent


The The Expressed PowersExpressed Powers are powers that are are powers that are clearly spelled out in the Constitution.clearly spelled out in the Constitution. Most are found in Article I Section 8Most are found in Article I Section 8 Others are found in Article II, Article III, Others are found in Article II, Article III,

and various amendments like the 16and various amendments like the 16 thth AmendmentAmendment


The The Implied PowersImplied Powers are powers reasonably are powers reasonably implied by the “Necessary and Proper implied by the “Necessary and Proper Clause.”Clause.”

Also known as the Elastic ClauseAlso known as the Elastic Clause Found in Article I, Section 8, Clause 18Found in Article I, Section 8, Clause 18 Words have come to mean “convenient and Words have come to mean “convenient and

expedient”expedient”


The The Inherent PowersInherent Powers are powers that are powers that belong to all sovereign states.belong to all sovereign states.

Power to regulate immigration, deport Power to regulate immigration, deport aliens, acquire territory, diplomatic aliens, acquire territory, diplomatic recognition of other states, protect nation, recognition of other states, protect nation, etc.etc.


Powers Denied to the National GovernmentPowers Denied to the National Government Some powers are expressly deniedSome powers are expressly denied

Article I, Section 9; Bill of Rights; cannot Article I, Section 9; Bill of Rights; cannot tax exports, etc.tax exports, etc.


Some powers are denied by silence of the Some powers are denied by silence of the Constitution and; therefore, belong to the Constitution and; therefore, belong to the states.states. Public education, marriage and divorce Public education, marriage and divorce

laws, set up units of local governmentlaws, set up units of local government


Some powers are denied because of the Some powers are denied because of the nature of the federalism system.nature of the federalism system. Congress cannot tax any of the state or Congress cannot tax any of the state or

local government units in the carrying out local government units in the carrying out of their governmental functionsof their governmental functions


States are governments of Reserved PowersStates are governments of Reserved Powers The reserved powers are the powers held by The reserved powers are the powers held by

the states in the federal system. the states in the federal system. Reserved powers are those neither expressly Reserved powers are those neither expressly

given to the National Government nor given to the National Government nor denied to the States.denied to the States.


Powers Denied to the StatesPowers Denied to the States Some powers are denied expressly.Some powers are denied expressly.

Article I, Section 10; 13Article I, Section 10; 13thth, 14, 14thth, 15, 15thth, 19, 19thth, , and 26and 26thth Amendments Amendments

Some powers are denied due to the nature Some powers are denied due to the nature of the federal system.of the federal system. No State can tax a federal institutionNo State can tax a federal institution


The Federal System and Local GovernmentsThe Federal System and Local Governments Government in the United States operates on Government in the United States operates on

two levels, National and Statetwo levels, National and State All local governments are subunits of the All local governments are subunits of the

State.State. The State governments are actually unitary The State governments are actually unitary

governmentsgovernments


The Exclusive PowersThe Exclusive Powers These are powers granted only to the These are powers granted only to the

National Government.National Government. The Exclusive Powers include most of the The Exclusive Powers include most of the

delegated powers.delegated powers.


The Concurrent PowersThe Concurrent Powers These are powers exercised by both the These are powers exercised by both the

National and State governments.National and State governments. Collect taxes, eminent domain, crimesCollect taxes, eminent domain, crimes

Concurrent powers are exercised separately Concurrent powers are exercised separately and simultaneously.and simultaneously.


The Supreme Law of the LandThe Supreme Law of the Land The Constitution stands above all other The Constitution stands above all other

forms of law.forms of law. The Supreme Court is the umpire in the The Supreme Court is the umpire in the

federal system, deciding conflicts produced federal system, deciding conflicts produced by the dual system of government.by the dual system of government.

The Supremacy Clause binds the nation The Supremacy Clause binds the nation together into a federal statetogether into a federal state

The Supreme Court

The Supreme Court is the umpire of the The Supreme Court is the umpire of the federal system.federal system.

McCullochMcCulloch v. v. MarylandMaryland (1819) (1819) Created the idea of National SupremacyCreated the idea of National Supremacy

The National Governmentand the 50 States

Section TwoSection Two

National Government and the 50 States

The Nation’s obligations to the States.The Nation’s obligations to the States. Guarantee of a Republican form of Guarantee of a Republican form of

government.government. Supreme Court will not define what that isSupreme Court will not define what that is


Each State will have a representative Each State will have a representative government.government. Used after the Civil War to declare that Used after the Civil War to declare that

several of the Southern States did not several of the Southern States did not have a republican form of government have a republican form of government and had to ratify the 13and had to ratify the 13thth, 14, 14thth, and 15, and 15thth Amendments and broadened their laws to Amendments and broadened their laws to recognize voting and other rights of recognize voting and other rights of African AmericansAfrican Americans


The Nation’s obligations to the States (con.)The Nation’s obligations to the States (con.) Protection against invasion and domestic Protection against invasion and domestic

violence violence Guarantees federal involvement if any State Guarantees federal involvement if any State

is invaded by a foreign power, to quell is invaded by a foreign power, to quell internal conflicts, and natural disasters.internal conflicts, and natural disasters.


Respect for Territorial IntegrityRespect for Territorial Integrity The National Government is bound to The National Government is bound to

recognize the legal existence and physical recognize the legal existence and physical boundaries of each State.boundaries of each State.

No State can be deprived of equal No State can be deprived of equal representation in the Senate without its representation in the Senate without its consent.consent.


Admitting New StatesAdmitting New States Only Congress can admit new StatesOnly Congress can admit new States A new State cannot be created by taking A new State cannot be created by taking

territory from one or more existing States territory from one or more existing States without that State’s consent.without that State’s consent.

Territory petitions Congress for AdmissionTerritory petitions Congress for Admission Congress passes an Enabling ActCongress passes an Enabling Act


Admitting New States (con.)Admitting New States (con.) The territory writes a constitutionThe territory writes a constitution The approval of the constitution by the The approval of the constitution by the

voters of the territoryvoters of the territory Congress passes an Act of AdmissionCongress passes an Act of Admission When signed by President, State becomes When signed by President, State becomes

part of the United States.part of the United States.


Admitting New States (con.)Admitting New States (con.) Congress can set conditions for the Congress can set conditions for the

admission of new States.admission of new States. 1896 – Utah – had to outlaw polygamy1896 – Utah – had to outlaw polygamy 1959 – Alaska – Congress prohibited the 1959 – Alaska – Congress prohibited the

State from ever claiming title to land held State from ever claiming title to land held by a Native Americanby a Native American


Cooperative FederalismCooperative Federalism Federal Grants-In-AidFederal Grants-In-Aid Provides money or other resources to the Provides money or other resources to the

States to carry out their many functionsStates to carry out their many functions Began with the Northwest Ordinance of Began with the Northwest Ordinance of

1787 – set aside land for public education in 1787 – set aside land for public education in the future Statesthe future States


Continued with the Morrill Act of 1862Continued with the Morrill Act of 1862 Land grant collegesLand grant colleges

1808 – gave States $200,000 to support 1808 – gave States $200,000 to support their militia.their militia.

Set many new programs during the New Set many new programs during the New DealDeal

More than 500 programs exist todayMore than 500 programs exist today


They permit the National Government to They permit the National Government to operate in areas in which it would have no operate in areas in which it would have no constitutional authorityconstitutional authority Public education, mental healthPublic education, mental health

Categorical Grants – money to be used for a Categorical Grants – money to be used for a specific purposespecific purpose

Conditional Grants – money granted if Conditional Grants – money granted if certain conditions are met.certain conditions are met.


Block Grants – money for the States with Block Grants – money for the States with broadly defined purposes and few broadly defined purposes and few conditions.conditions.

Revenue Sharing – virtually no strings Revenue Sharing – virtually no strings attached – simply revenue shared with State attached – simply revenue shared with State and Local governments.and Local governments.


Other Forms of AidOther Forms of Aid The Federal Government aids the States in The Federal Government aids the States in

other ways.other ways.


State Aid to the Federal GovernmentState Aid to the Federal Government Violations of national law.Violations of national law. Voting.Voting. Citizenship.Citizenship.

Interstate Relations

Section ThreeSection Three


Interstate CompactsInterstate Compacts Interstate compacts are agreements among Interstate compacts are agreements among

States and nonpolitical agreements with States and nonpolitical agreements with foreign nations.foreign nations.

Some 200 compacts are now in force.Some 200 compacts are now in force.


Full Faith and CreditFull Faith and Credit State’s must honor one another’s public State’s must honor one another’s public

acts, or laws, records, and court actions.acts, or laws, records, and court actions. Exceptions – the Full Faith and Credit Exceptions – the Full Faith and Credit

Clause applies only to civil, not criminal, Clause applies only to civil, not criminal, matters and need not be applied to certain matters and need not be applied to certain divorces granted by one State to residents of divorces granted by one State to residents of another State.another State.


ExtraditionExtradition Extradition is the legal process in which a Extradition is the legal process in which a

fugitive from justice in one State is returned fugitive from justice in one State is returned to that State from another.to that State from another.

In the past, governors occasionally refused In the past, governors occasionally refused to return fugitives to another State; since to return fugitives to another State; since 1987, the Supreme Court has held that 1987, the Supreme Court has held that governors must comply with federal ordergovernors must comply with federal order


Privileges and ImmunitiesPrivileges and Immunities A resident of one State may not be A resident of one State may not be

discriminated against unreasonably by discriminated against unreasonably by another State.another State.

All citizens must obey the laws of all other All citizens must obey the laws of all other States while in those States.States while in those States.


Privileges and Immunities (con.)Privileges and Immunities (con.) States can make reasonable discriminations States can make reasonable discriminations

against residents of other States.against residents of other States.

federalism magruder chapter four. federalism and the division of power section one

Documents

powers of government

division of powersome

crimesconcurrent powers

statessome powers

amendmentssome powers

national governmentsome

division of powerpowers

types of delegated powers