Chapter 4: Federalism

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Chapter 4:
Federalism
What is Federalism?
Federalism is a system of dividing
power between the central
national government, and the
regional state governments
Why do we use a Federalist
System?
Framers believed government
was a threat to individual liberty
Government must therefore be
restrained
Dividing the powers of
government can limit it
Advantages of Federalism
Allows local action in matters of local concern
Allows people to be more connected to
policymaking at the local level
Creates the chance to experiment with policies
in a small area before applying them everywhere
Divisions of Power
There are three kinds of power for
the national government
 Expressed – written directly in the
Constitution
 Implied – reasonably assumed
from the expressed powers
 Inherent – never mentioned in the
Constitution, but always used by
national governments
Divisions of Power
Reserved Powers – the powers
that are not given to the national
government, and are thus
reserved for the states
Powers of Government
Expressed Powers
(National)
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Print money
Regulate interstate
(between states) and
international trade
Make treaties and conduct
foreign policy
Declare war
Provide an army and navy
Establish post offices
Make laws necessary and
proper to carry out the
these powers
Reserved Powers (State)
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Issue licenses
Regulate intrastate (within
the state) businesses
Conduct elections
Establish local
governments
Ratify amendments to the
Constitution
Take measures for public
health and safety
May exert powers the
Constitution does not
delegate to the national
government or prohibit the
states from using
Powers of Government
Concurrent Powers (exercised by both national
and state government)
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Collect taxes
Build roads
Borrow money
Establish courts
Make and enforce laws
Charter banks and corporations
Spend money for the general welfare
Eminent Domain - Take private property for public
purposes, with just compensation
The Nation’s Obligations to the
States
The national government is
Constitutionally required to
guarantee the following things for
the states:
 Republican form of government
– basically means a
representative government
The Nation’s Obligations to the
States
 Protection from Invasion and
Internal Disorder – federal
government will use force when
the state can’t handle a problem
 Respect for Territorial Integrity –
it must legally acknowledge the
existence and boundaries of the
states
How to Admit New States
Congress has the power to admit
new states into the U.S.
Therefore, Congress gets to set
rules for what states must do to
get admitted
Cooperative Federalism
Sometimes, the state and national
governments fight over power
There are also ways that they
help each other
Federal Grants
Grant – money from the federal
government given to the states
 This money helps the states run
programs like education and
welfare without going broke
 The federal government sets
conditions for receiving the grant,
which gives it more influence over
the state
Types of Grants
Categorical Grant – money for a
specific, defined purpose
Block Grant – money for a broad
purpose, few strings attached
Project Grant – money for
programs like research or job
training, could be given to
universities or private businesses
Other Help for the States
FBI helps state and local police
Army helps National Guard
Census Bureau’s data is free
research for the states
And more!
State help for the National
Government
All elections are paid for and run
by the states
Local police often catch the
criminals the FBI is searching for
Naturalization takes place in state
courts
And more!
Interstate Relations
Full Faith and Credit
The “Full Faith and Credit” Clause
is found in Article IV
It says that states must legally
recognize each others’ public
acts, records, and judicial
proceedings
Exceptions to Full Faith and Credit
Full Faith and Credit only applies to
Civil cases, not criminal cases!

States cannot punish someone on
behalf of another state
States do not have to recognize each
others’ divorces if the people were not
true residents of the state granting the
divorce
Other Requirement
Extradition – a fugitive from
justice who flees a state must be
returned to the state where he
committed the crime
This prevents criminals from
being able to escape
consequences of their actions
Privileges and Immunities Clause
States cannot draw distinctions
between their residents and
citizens from other states
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