Chapter 4: Federalism
What is Federalism?
Federalism is how we divide
power between the national &
state governments
Why do we use a Federalist
System?
Framers believed government
was a threat to individual liberty
Dividing the powers of
government can limit it
Government must therefore be
restrained
Advantages of Federalism
Allows local action in matters of local
concern
Here are some examples…
Differences Between States
(just read)
In Oregon and New Jersey, it is
illegal to pump your own gas
In Nevada, it is illegal to ride a
camel on state highways
In Texas, criminals are required to
inform their victims of the crime to
be committed 24 hours in advance,
either verbally or in writing
Differences Between States
(just read)
In Massachusetts, it is illegal to go
to bed without taking a full bath
In Ohio, it is illegal to get fish drunk
In California, it is illegal for a car
without a driver to exceed 60 miles
per hour
Divisions of Power
There are 3 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 &
reserved for the
states
10th Amendment
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 (Article IV. S. 4)
The Nation’s Obligations to the
States
 Protection from Invasion and
Internal Disorder
 Respect for Territorial Integrity –
it must legally acknowledge the
existence and boundaries of the
states. Georgia vs. Tennessee
How to Admit New States
Congress has the power to admit
new states into the U.S. (Article
IV)
Congress gets to set rules for
what states must do to get
admitted
For example:
Utah
Congress required Utah to ban
polygamy (having more than one
spouse) before being admitted
Arizona
Arizona had a rule that allowed
people to remove judges by
voting – judicial recall
Arizona repeal the law before
becoming a state (Happy 102th!)
But, we’re tricky here in AZ…
Arizona
Arizona repealed the law as the
U.S. requested, and became a
state
Our first official act of statehood –
 A constitutional amendment to
add judicial recall
Bureaucracy
State & Federal gov’ts are operated by
thousands of civil
servants known
collectively as bureaucracy




Departments
Agencies
Regulatory agencies
Commissions
Bureaucracy
Valuable Layers or Duplication?
Waste or Production?
Bureaucracy or Waste ?
Bureaucracy…Red Tape
YOUR TAX $$$ @ Work !!!
Sunset Laws
a law providing for automatic termination
of a program, agency, etc., at the end of a
specified time
Sunshine Laws
• a law requiring official meetings and
records open to the public.
Cooperative Federalism
Sometimes, the state and national
governments fight over power
There are also ways that they
help each other
Federal Grants
Grant – $$$ from the federal
government given to the states
 This money helps the states run
programs like education and
welfare
 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
Project Grant – money for programs like
research or job training, could be given to
universities or private businesses
Help for the States
FBI, ATF, U.S. Marshals, & Justice Dept.
help state and local police
Fight crime, catch fugitives
Move prisoners
Prosecute with lawyers
Help for the States
Army helps National Guard
Census Bureau’s data is free research for
the states
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
“Can’t we just all get along?”
Rodney King
Full Faith and Credit
The “Full Faith and Credit” Clause
(Article IV)
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 flees a
state must be returned to the state
where he committed the crime
Dramatization
Yo, Texas
dude!
Dramatization
Some guy killed
director Michael
Moore, and he
crossed into your
border.
Dramatization
Can you send
him back over,
bra?
Dramatization
No. You’re a fruit
cake, Cali.
Dramatization
And I hate that
lefty slob…
DramatizationNo, Texas!
You must
extradite him!
Dramatization
Dang,
ya’ll.
Go catch
a wave…
Privileges and Immunities Clause
States cannot draw unreasonable
distinctions between their
residents and citizens from other
states
Words of Wisdom
with California Governor
Arnold Schwarzenegger