Federalism Chapter 4 Federalism: Balance of Power 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Founders favored a stronger central government while preserving States sovereignty. Delegated Powers & National Supremacy Reserved Powers & State Sovereignty Concurrent Powers & National Supremacy Local Governments Article VI: National Supremacy Representative Form of Republican government. Admission of new States & Congressional Authority Interstate Compacts & Cooperative Federalism Article IV: Relations among States Extradition & National Supremacy Evolution of Federalism Why Federalism? 1. 2. Founders feared a strong central government 1. Favored: Self-Government (Natural Rights) Favored a Limited Government: 1. Gov’t poses a threat to individual liberty & State Sovereignty 2. Power must be restrained 3. To restrain gov’t—divided government (Separation of Powers & Checks & Balances) 1. Federal, State, Local: Article VI: National Supremacy Federalism Defined A written Constitution: – Defines: Federal Powers: Articles 1-18: Delegated Powers – Defines: State Powers: 10th Amendment, State Sovereignty – Defines: Individual Rights: Bill of Rights & Delegated Powers DIVISION OF POWERS = FEDERALISM Dual System of Government: Constitutional Law-Federal & State Law. Article I Section 8: Delegated Powers Delegated & Expressed Powers 18 Expressed Clauses of the National Congress with 27 Powers. Article II: Expressed Presidential Powers Article III: Expressed Judicial Powers Amendments to the Constitution Implied Powers 1. The Constitution has been “stretched”. 2. Elastic Clause: Necessary and Proper Clause: 1. Article I, sect. 8 clause 18 2. Powers NOT expressed or delegated to the federal government: “convenient & useful” 3. 4th branch of government: Bureaucracy stretches federal powers Implied Powers of the Federal Government & Bill of Rights Inherent Powers Foreign Powers government possess in the international community (Implied) 1. diplomacy (immigration, trade) 2. rebellion, treason, deportation 3. acquire territory Powers Denied to National Government 1. 2. 3. 4. 5. Article I, section 9 Article I, section 10 Bill of Rights Constitutional Amendments Examples: Marriage, Public Schools, Divorce, certain types of taxes, state citizenship. Marriage is not a Federal Power th 10 amendment & Federalism The States 10th Amendment: Reserved Powers. “All Powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, or the people”. Article I, section 10: Powers denied to States 1. International treaty, print or coin money, due process of national citizenship. Concurrent Powers 1. Powers not exclusive or delegated to the national government are considered concurrent powers: Shared powers. 1. 2. 3. 4. 5. Levy taxes Borrow money Establish courts Punish criminals Eminent domain Local Governments Dual Government & Federalism Not: Federal –State-Local (Misleading) 87,000+ local governments in the U.S. Local governments are parts, subunits of state governments All powers come from the State Detroit Bankruptcy & No Federal Bailout Constitutional Supremacy Article VI: Constitutional Supremacy: The Constitution is the Supreme Law of the Land 1. Constitutional Law 1. 7 Articles 2. 27 Amendments 2. Federal & State Law 3. Local & County Laws 4. Federations, Commissions, etc.. Supreme Court & Federalism 1819: McCulloch vs. Maryland – 2nd Bank of the U.S. : Maryland imposes a state tax Maryland’s opposition to a National Bank: A. Jackson? Republican Form of Government A Representative form of government Reconstruction: (1865-1877): A Republican form of government denied. 2008 & 2012: California voters deny samesex marriage. 2013 Supreme Court overturns voters. State & Popular Sovereignty Denied: Republican Form of Govt Invasion & Disorder 1. 1967: Detroit Race Riots 2. 1968: Chicago & Baltimore Race Riots 3. 1957: Little Rock Arkansas 4. 1933: Bonus Army March 5. 1963: University of Alabama & Governor Wallace 6. 1992: Ruby Ridge Incident 7. 1993: Waco Military Assault Admitting New States Admission Procedure: – Enabling Act: State (people) request admission, state constitution formed, convention and popular vote. – Annexation: (Forced Statehood) Republic of Texas Hawaii Cooperative Federalism Cooperative Federalism 1. Federal Grants in Aid for state sovereignty and individual rights: 1. 2. 3. 4. Morrill Act of 1862: Land grants for money New Deal: Affordable Care Act Interstate Highway Construction 2. Texas Secession vs. Alabama Secession 1. Why could Texas secede but not Alabama? Revenue Sharing Ronald Reagan and Block Grant Funding – Federal Money given to the states with federal mandates or strings attached. Types of Federal Grants: – Categorical Grants: School lunches, TSA, welfare programs. Strings attached to the money. – Project Grants: Medicine, Global Warming, etc.. Federal Grant $ and Strings (laws) Interstate Relations Interstate Relations Full Faith & Credit Clause: – Homosexual Marriage, Gun Laws, Drug Laws, Driving eligibility, etc… – What is the role of the federal government in these matters? Williams vs. North Carolina: 1945: Nevada marriage not recognized by North Carolina. Convicted of bigamous cohabitation North Carolina law upheld by Supreme Court Interstate Compacts Extradition: fugitive returned to state where crime is committed. – Kentucky vs. Dennison 1861: Constitution did not federal government power to compel a governor to act in an extradition case. – Puerto Rico vs. Branstad 1987: precedent changed by the courts to order a governor to act on extradition cases. Interstate Compacts Privileges and Immunities: – Residency laws: – Professional certificates: medicine, law, teaching, dentistry, etc.. – Licensing fees: hunting, fishing, in-state tuition Texas Independence & Interstate Compacts