Chapter 4:
Federalism
What is Federalism?
Federalism is the way we divide
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 Limits
Government
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
Differences Between States
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
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
Powers of the National
Government
Delegated Powers - The national
government has only the powers that are
delegated to it by the Constitution
Three types of delegated powers:



Expressed Powers
Implied Powers
Inherent Powers
Expressed Powers
Powers that are spelled out in the
Constitution very specifically
(expressly)
Also known as “enumerated powers”
Most are found in Art. I, Sect. 8
Expressed Powers (cont’d)
Examples: coin money, raise
and maintain armed forces,
declare war, fix standards of
weights and measures…
Implied Powers
Powers of the national government
which are not expressly stated in the
Constitution, but which are
reasonably suggested (implied) by
the expressed powers
Necessary and Proper Clause!

Article I, Section 8, Clause 18
Implied Powers (cont’d)
Examples:




Building of dams
Building of the Interstate highway system
Criminalizing racial discrimination
Necessary and Proper has been interpreted to
mean “convenient and useful,” so anything that
the national government sees as convenient and
useful might be made into federal law.
Inherent Powers
Powers not expressly stated by the
Constitution, but which belong to
the United States government
because it is a sovereign state in the
world community
Inherent Powers (cont’d)
Examples:
Regulate immigration
 Acquire territory
 Protect nation against rebellion or
other attempts to overthrow the nation
by force or violence
 (There aren’t a lot of these.)

Denied Powers
(of the National Government)
Levy duties (tax) exports
Take private property for public use
without just compensation
(Eminent Domain)
To deny rights that are found in
the Bill of Rights, such as freedom
of speech, religion, press and
assembly
Article I, Sect. 9=Denied Powers of Congress
Denied Powers
(not expressed)
Limited Government: The government
only has those powers which the people,
through the Constitution, have given it,
so anything else is denied.
The power to make a national public
school system
The power to enact marriage and divorce
laws for the whole country
The power to set up local government
Powers of the States
Reserved Powers: Those powers which
the Constitution does not delegate
(grant) to the National
Government, but does not, at the
same time, deny to the states
Amendment 10!
Reserved Powers
“The Powers not delegated to the United
States by the Constitution, nor prohibited by
it to the States, are reserved to the States
respectively, or to the people.”
- 10th Amendment
Examples of Reserved Powers
Drivers’ licenses
Marriage licenses
School system
Enacting land use laws
Regulating drinking age
Outlawing gambling

(There are tons of things the states have
powers to do.)
Denied Powers
(of State governments)
Expressly denied:
No entering into alliances, treaties, or a
confederation
No printing or coining of money
No depriving people of their rights
(Anything denied in the U.S. or their
state’s constitution)
Inherently denied:
No taxing of the federal government
Exclusive vs. Concurrent Powers
Exclusive Powers – Those which are
delegated to the National
Government alone. States cannot
exercise these powers.
Concurrent Powers – Those which
both the states and the national
government can exercise
Concurrent Powers
Examples:
Levy and collect taxes
 Borrow money
 Establish courts
 Define crimes and set punishments
 Claim private property for public use
(when there is 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
Admitting New States
1st: an area desiring to be a state would ask
Congress for admission
2nd: Congress chooses if and when to pass an
enabling act
3rd: a convention prepares the constitution, and put
to a popular vote
4th: when it is passed by the people, it is sent to
Congress
5th: if Congress approves it, they will pass an act of
admission, which the President must sign for it to
become a state
Arizona
In Arizona , we had a rule that
allowed people to remove judges
by voting – judicial recall
The national government required
that Arizona repeal the law before
becoming a state
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
Clauses
Full Faith and Credit Clause

“Full Faith and Credit shall be given in each
State to the public Acts, Records, and judicial
Proceedings of every other State.” –Art. I, Sect. 1
Privileges and Immunities Clause

“The Citizens of each State shall be entitled to all
Privileges and Immunities of Citizens in several
States.” – Art. IV, Sect. 2
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
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!