Chapter 4
Federalism
Section 1—Federalism: The
Division of Power
• Objectives:
– Define federalism and explain why the Framers chose
this system of government.
– Identify powers delegated to and denied to the
National Government, and powers reserved for and
denied to the States.
– Understand that the National Government holds
exclusive powers; it also holds concurrent powers
with the States.
– Explain the place of local governments in the federal
system.
– Examine how the Constitution functions as “the
supreme Law of the Land.”
Section 1—Federalism: The
Division of Power
• Why It Matters:
– The federal system divides government power
in order to prevent its abuse. There are two
basic levels of government in the federal
system---National and State. The Supreme
Court settles disputes between the two.
Section 1—Federalism: The
Division of Power
• Political Dictionary:
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Federalism
Division of powers
Delegated powers
Expressed powers
Implied powers
Inherent powers
Reserved powers
Exclusive powers
Concurrent powers
Section 1—Federalism: The
Division of Power
• Why Federalism?
– How to create a strong government, yet
protect the rights of the States.
– Articles of Confederation were too weak.
– Hate for the British strong central government.
– The Framers were convinced:
• Government must pose no threat to individual
liberty.
• Governmental power must be restrained.
• Divided power curbs and prevents abuse.
Formative Assessment
• All of the following are reasons for having
a federal system of government EXCEPT:
• A. the need for a strong national
government while guaranteeing the states’
their rights.
• B. the weaknesses of the Articles of
Confederation.
• C. the desire to create a government as
strong as the British empire’s government.
Section 1—Federalism: The
Division of Power
• Federalism Defined:
– Division of powers between a National
Government and various State governments.
– Dual system with areas of authority.
– Preserves local character of laws.
• Liquor, gasoline, voter registration, sales tax,
income tax, drivers licenses, unicameral, etc.
– Big matters like national defense and natural
disasters can be handled nationally.
Section 1—Federalism: The
Division of Power
• Powers of the National Government.
– Delegated Powers—those granted to the
National Government by the Constitution.
– Expressed Powers—spelled out in words.
• 18 clauses, 27 powers—Article I, section 8.
– Implied Powers—not spelled out but
reasonably suggested.
• “Necessary and Proper” Clause
• Convenient and Useful—Elastic Clause
– Highways, interstate crime, racial discrimination,
interstate commerce.
Section 1—Federalism: The
Division of Power
• Powers of the National Government
(cont.)
– The Inherent Powers—few in number, but
usual and customary for national
governments.
• Immigration, diplomatic affairs, protection against
rebellion, etc.
Group Assignment
Take the tree map you have been given.
Within your groups, complete it
using the titles Delegated Powers;
Expressed Powers; Implied Powers;
Inherent Powers; and then find examples
of each to complete the chart.
Refer to page 89 – 91 in your textbook.
Section 1—Federalism: The
Division of Power
• Powers Denied to the National
Government.
– By the Constitution itself:
– Powers to levy duties on exports between
states.
– Prohibit freedom of religion, speech, press, or
assembly.
– Conduct illegal searches or seizures.
– Deny to any person accused of a crime a
speedy and public trial or trial by jury.
Section 1—Federalism: The
Division of Power
• Powers Denied to the National
Government.
– By silence because all national powers must
be given expressly, implicitly, or inherently.
• Power to create a public school system.
• Enact uniform marriage and divorce laws.
• Set up local units of government.
– Powers that would destroy the federal
system.
• Taxation of States in doing their natural functions.
Brainstorm
In your groups, consider the
following question:
If you were creating a student
government, would that government
be federal in form with power divided
between you and the administration
for example? Why or why not?
Section 1—Federalism: The
Division of Power
• The States
– Powers Reserved to the States.
• Reserved Powers.
– Can deal with marriage, liquor, pornography,
prostitution, gambling, licensure of professionals, drug
trafficking, land use laws, regulation of utilities
– Police power
– Section 2 of the 21st Amendment grants unlimited power
to regulate the manufacture, sale, and consumption of
alcoholic beverages.
Section 1—Federalism: The
Division of Power
• The States (cont.)
– Powers Denied to the States.
• Treaties, alliances, or confederations.
• Print or coin money.
• Deprive one of life, liberty, or property without due
process of law.
• Inherently the States may not tax the functions of
the National Government.
• State Constitutions limit State Government too.
Section 1—Federalism: The
Division of Power
• The Exclusive and the Concurrent Powers.
– Exclusive Powers:
• Coin money
• Make treaties
• Lay duties (taxes) on imports
• Regulate interstate commerce
– Concurrent Powers:
• Taxation
• Define and punish crimes
• Condemn property
• Establish courts
Group Work
In your groups, complete the Venn diagram
labeling the delegated powers of the
National Government, the Concurrent
Powers, and the Reserved Powers of the
States. Include examples. You may
reference p. 93 in your textbook for
examples and ideas.
Assignment
We have just completed the study of
concurrent powers. Both the State
governments and the Federal Government
have shared the power for defining
educational standards and obligations for
all public school systems. Conduct a
survey of teachers, administrators,
parents, and students to determine
attitudes concerning the adoption of a
national curriculum. Compile findings in a
newsletter.
Section 1—Federalism: The
Division of Power
• The Supremacy Clause
– Article VI, Section 2---”the supreme Law of
the Land.”
– The Supreme Court and Federalism.
• McCulloch v. Maryland—1819, involved the
attempt of the Maryland legislature to tax the
Second Bank of the United States.
• The Supreme Court is the “umpire” of the federal
system.
Section 2—The National
Government and the 50 States
• Objectives:
– Summarize the obligations that the
Constitution places on the nation for the
benefit of the States.
– Explain the process for admitting new States
to the Union.
– Examine the many and growing areas of
cooperative federalism
Section 2—The National
Government and the 50 States
• Why It Matters:
– In this country, the power to govern is shared
by the National Government and each of the
50 States (including their thousands of local
governments). Given this fact, conflicts are
inevitable—and cooperation is absolutely
necessary.
Section 2—The National
Government and the 50 States
• Political Dictionary:
– Enabling Act
– Act of Admission
– Grants-in-Aid Program
– Revenue Sharing
– Categorical Grant
– Block Grant
– Project Grant
Section 2—The National
Government and the 50 States
• The Nation’s Obligations to the States
– Republican Form of Government
– Invasion and Internal Disorder
• Occasionally used to protect against “Domestic
Violence.” Governor usually requests national aid.
– Race conflict of the 1960s
– Respect for Territorial Integrity
Section 2—The National
Government and the 50 States
• Admitting New States
– No new state may be created by taking
territory from another without their consent.
– 37 added since the original 13
• Territory requests to be a state.
• Enabling Act – Congress tells the people in a
territory to prepare a State Constitution.
• State Constitution prepared and put to a popular
vote.
• Act of Admission by Congress if it approves the
State Constitution..
Section 2—The National
Government and the 50 States
• Cooperative Federalism
– Shared powers
• Federal Grants-in-Aid – grants of federal money or other
resources to states
– Northwest Ordinance provision for education—1787
– Morrill Act of 1862—to fund education
– Education, low-income housing, local law enforcement,
mental health, etc.
– Grants total $275 billion or more – 25% of state and
local budgets
– Grants give the federal gov’t a voice in making policy at
the State and local levels.
• Revenue Sharing —1972-1987—few strings, only nondiscrimination.
Section 2—The National
Government and the 50 States
Types of Federal Grants
• Categorical Grants
– School lunch, sometimes require matching.
– Conditions for receiving the money include using the
money only for the specific purpose, matching the
contribution, creating an agency to administer the grant
and obeying the guidelines of the federal government
• Block Grants —broader than categorical grants; fewer
strings attached
• Project Grants —for specific purposes and made to
States, local governments and private agencies
– Other Forms of Federal Aid
• FBI assistance, National Guard
Section 2—The National
Government and the 50 States
– State Aid to the National Government
• Conduct elections – financed with State and
local funds; regulated by State laws
• Use jails – house federal prisoners for a
variety of reasons
• Naturalization – takes place in state, not
federal courts
Section 3—Interstate Relations
• Objectives:
– Explain why States make interstate compacts.
– Understand the purpose of the Full Faith and
Credit Clause.
– Define extradition and explain its purpose.
– Discuss the purpose of the Privileges and
Immunities Clause.
Section 3—Interstate Relations
• Why It Matters
– What if Texas citizens were not allowed to
travel to Oklahoma, or needed a special
passport to do so? What if your North
Carolina driver’s license were not valid when
you drove through Ohio? Fortunately, several
key provisions in the Constitution promote
cooperation between and among the States.
Section 3—Interstate Relations
• Political Dictionary:
– Interstate Compact
– Full Faith and Credit Clause
– Extradition
– Privileges and Immunities Clause
Section 3—Interstate Relations
• Interstate Compacts
– Must have the consent of Congress
– More than 200 Compacts exist today
• Full Faith and Credit
– Applies only to civil, not criminal matters.
– Divorces may not be recognized.
• Williams v. North Carolina
– “Intent” to be a resident was determinant.
Section 3—Interstate Relations
• Extradition
– Mandatory
• Privileges and Immunities
– Cannot favor residents over others
– For some privileges residency can be a
required standard---voting, hunting/fishing,
out of state tuition, etc.