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Government Chapter 4: Federalism
Transcript of Government Chapter 4: Federalism
Thank you for your attention!
1. The National Government has whatever power they want.
2. The States are governments of expressed power.
3. The National Government controls the implied powers while the States control the inherent powers.
4. The Constitution stands above all other forms of law in the U.S.
5. Congress has the power to make treaties.
6. The American federal system involves a broad range of powers shared between the National Gov't and the States.
7. The States do not make interstate compacts that enable them to cooperate on matters of mutual concern.
Few of the Framers favored a strong central government based on the British model
The government under the Articles of Confederation was too
to deal with the nation's problems
Most Framers liked the concept of
The Framers believed that:
to limit it and prevent it from becoming
The Constitution provides for a division of powers between the National Gov't and States (
each have their own type of powers
Produces a dual system of gov't; each level of gov't operates over the same people and territory at the same time with their own area of authority
Major strength: allows local action in matters of wider concern
ex: Oregon is the only State that legalized physician-assisted suicide
Federalism provides the strength for the States to come together in union
ex: When a disaster happens in a particular State, the resources of the National Gov't and other States can be used to aid the area.
National Gov't = gov't of delegated powers (only those powers granted to it in the Constitution)
Powers of the National Government
Federalism: The Division of Power
is 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.
Division of power implied in Constitution and Bill of Rights (10th Amendment)
The three types of delegated power
Power delegated to the National Gov't stated explicitly in Constitution
Not expressly stated in the Constitution but are reasonably suggested by the expressed power
Powers that, over time, all national gov'ts have possessed
Powers Denied to the National Government
The 50 States = other half of federalism
The Exclusive and the Concurrent Powers
The Federal System and Local Governments
The Supreme Law of the Land
The Supremacy Clause
declares that the Constitution and the laws and treaties of the United States are "the supreme Law of the Land" - the Constitution stands above all other forms of law in the United States
Powers to levy duties on exports, to prohibit freedom of religion, speech, press, or assembly; to conduct illegal searches or seizures
Denied powers include: Power to create a public school system for the nation, to enact uniform marriage and divorce laws
Constitution does not want the National Gov't to have any power that can be used to threaten the existence of the system
Only two levels of federal system:
powers Constitution grants to National Government
can only be exercised by Nat'l Gov.
ex: power to make treaties with foreign states and putting taxes on imports.
powers both Nat'l Gov and states have and use
ex: power to levy and collect taxes, define crimes and set punishments.
: powers that the Constitution does not grant to the National Gov't and does not deny to the State
Congress has the power to admit new States to the Union.
Only restriction is a new State cannot be created by taking territory from one or more of the existing States without consent of the legislatures of the States involved.
Most of what gov't does in this country today is done by the States (and their local governments) and not by the National Gov't.
Constitution does not grant expressed powers to the States, except for Section 2 of the 21st Amendment (gives virtually unlimited power to regulate manufacture, sale and consumption of alcoholic beverages.)
Some powers are denied to States - If the power is not Federal than it belongs to the State
The National Government and the 50 States Section 2
No State can enter into any treaty, alliance, or confederation.
States can not print or coin money or deprive any person of life, liberty, or property without due process of law.
agreements among themselves and with foreign states with the approval of Congress.
comes into play in court cases
"recognize and respect validity of"
ex: necessary documents prove validity
Full Faith and Credit
Privileges and Immunities Clause
no State can draw unreasonable distinctions between own residents and people who live in other states
States must recognize the right of any American to travel in/become a resident of that State
allow any citizen to use its courts to make contracts: buy, own, rent, sell property/marry within state
Privileges and Immunities
The Constitution requires the National Gov't to guarantee certain things to the States and makes it possible for the National Gov't to do certain things for the States
(Mostly found in Article IV)
Republican Form of Gov't
Constitution requires the National Gov't to "guarantee to every State in this Union a Republican Form of Gov't."
Invasion and Internal Disorder
Obligations to the States
The 50 States are responsible for keeping keeping the peace within its borders, however, the Constitution guarantees protection against internal disorder or "domestic Violence" in each of them.
A President normally sends troops into a State only in answer to a request from its governor or legislature.
If national laws are being broken, national functions interfered with, or national property endangered, a President does not have to wait for a plea to send in the troops.
Respect for Territorial Integrity
National Gov't must recognize the legal existence and the physical boundaries of each State.
Legal process by which a fugitive from justice in one State can be returned to that State.
Governors regularly approve extratradition requests from other states except in cases with racism/political bias and cases of parental kidnapping of children involved in custody disputes.
Area desiring Statehood asks Congress for admission
If chosen, given the enabling act (act directing the people of the territory to frame a proposed State constitution)
A convention prepares the constitution and if voters (of proposed state) approve, sent to Congress for consideration
If Congress still agrees to Statehood after reviewing the document, it passes an act of admission
President signs the act and the new State enters the Union.
Conditions of Admission
Each State enters the Union on an equal footing with each of the other States.
Congress cannot impose conditions of political nature to the States.
Grants-in-aid programs provides grants of federal money or other resources to the States and/or their cities, counties, and other local units to help with everyday functions.
Congress gives an annual share of the huge federal tax revenue to the States and their cities, counties, and townships.
Types of Federal Grants
are made for specific closely defined purpose: school lunches, construction of airports, or wastewater treaments.
: for more broadly defined purposes (health care, social services, or welfare)
Fewer conditions = more freedom to decide how and on what to spend the money on.
: made to States, localities, and sometimes private agencies that apply for them
State Aid to the National Gov't