Federalism
Chapter 4
Federalism: Balance of Power
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10.
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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
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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