Chapter 4
The Federal System
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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.”
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
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.
– Federalism is a way of organizing a nation so
that both national and state levels of
government have authority over the same
land people. For instance we have federal and
state laws we must follow.
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.
Federalism: The Division of Power
• Powers of the National Government.
– Delegated Powers—those granted to the National Government
by the Constitution.
– 18 clauses, 27 powers—Article I, section 8.
– Expressed Powers—Meaning directly stated in the Constitution
spelled out in words. These are the first 17 clauses.
• Authority includes the power to levy and collect taxes, to coin
money, to make war, to raise and army and navy, and to regulate
commerce among the states.
– Implied Powers—not spelled out but reasonably
suggested.
• “Necessary and Proper” Clause the 18th clause
• It empowers Congress to pass laws needed to carry out the
enumerated powers.
• Convenient and Useful—Elastic Clause
– Highways, interstate crime, racial discrimination, interstate
commerce.
Necessary and Proper Clause-Article 1
sec. 8 (Elastic Clause)
• “Congress shall have power…to make all Laws
which shall be necessary and proper for carrying
into Execution the Foregoing powers, and all
other powers vested…in the Government of the
United States…”
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.
This case resulted in the foundation for the expansive
authority of Congress. It was focused around a strict or broad
interpretation of the necessary and proper clause. The
Supreme Court ruled in favor of a broader interpretation.
The Supreme Court is the “umpire” of the federal system.
Federalism: The Division of Power
• Powers of the National Government
(cont.)
– The Inherent Powers—few in number, but
usual and customary for national
governments. Those powers that the national
government may exercise simply because it is
a government are its inherent powers.
• Immigration, diplomatic affairs, protection against
rebellion, etc.
Federalism: The Division of Power
• Powers Denied to the National
Government.
– 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.
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.
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.
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.
The Supremacy Clause
What happens when states exceed their
reserved powers and pass laws that conflict
with national laws?
Which law is supreme?
Article VI, Section 2---makes the acts and
treaties of het United States supreme. For
this reason it is called the supremacy clause
Federal law=”the supreme Law of the
Land.”
No state law or state constitution may
conflict with any form of national law.
Federalism: The Division of Power
Concurrent Powers: The powers the federal
government and the states share. Each level
of government exercises these powers
independently.
• Taxation
• Define and punish crimes
• Condemn property
• Establish courts
• Create laws
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
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
The National Government and the
50 States
• The Nation’s Obligation to the States
– Republican Form of Government
• Not defined but generally means “representative.”
The Supreme Court says this is a political question.
• After the Civil War Southern States had to ratify
the 13th, 14th, and 15th Amendments to be
readmitted.
– Until they did they were considered “not-republican.”
The National Government and the
50 States
• The Nation’s Obligations to the States
(cont.)
– Invasion and Internal Disorder
• Original intention is obsolete.
• Now occasionally used to protect against
“Domestic Violence.” Governor usually requests.
– Race conflict of the 1960s
– Ravages of nature
– Respect for Territorial Integrity
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
• The steps necessary for a territory to become a state
– Enabling Act-The procedure for admission begins when
Congress passes the enabling act. An enabling act, when
signed by the president, enables the people of the territory
interested in becoming a state to prepare a constitution.
– State Constitution prepared and reviewed by Congress.
– Popular vote(to approve the constitution).
– Act of Admission by Congress.
– Conditions for Admission
• Rare restrictions
• Restrictions are often void after admission.
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.
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 Texas
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.
Interstate Relations
• Political Dictionary:
– Interstate Compact
– Full Faith and Credit Clause
– Extradition
– Privileges and Immunities Clause
Interstate Relations
• Interstate Compacts-written agreements between
two or more states. Compacts may deal with
issues like water/air pollution, toll bridges, and
transportation.
– Must have the consent of Congress (prevents states
from threatening the Union by making alliances)
– More than 200 Compacts exist today
• Full Faith and Credit-Each state must recognize
the laws and legal proceedings of the other
states. For example a car registration of one state
must be accepted by all other states. Without this
each state could treat all other states like foreign
countries.
– Applies only to civil, not criminal matters.
Interstate Relations
• Extradition-Mandatory “A person charged in any state
with treason, felony, or other crime, who shall flee from
justice and be found in another State, shall on demand
of the executive authority of the State from which fled,
be delivered up, to be removed to the State having
jurisdiction of the crime.”
• Privileges and Immunities-This clause means that
one state may not discriminate unreasonably against
citizens of another state. Ex- Charging people more in
toll fees if they are not from Texas.
– For some privileges residency can be a required
standard---voting, hunting/fishing, out of state
tuition, etc.
Lawsuits Between States
• Suits among two or more states are heard
in the United States Supreme Court, the
only court in which one state may sue
another.
• Cases may involve topics like water rights,
sewage,pollution and boundary rights.
Federalism and Politics
• The course of action a government takes in
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response to some issue or problem is called
public policy. Federalism affects public policy in
two ways. First, it affects how and where new
policies are made in the U.S. Second, it
introduces limits on government policy making.
Colorado pioneered the use of sunset laws. It
requires periodic checks of government agencies
to see if they are still needed.
Florida passed a sunshine law prohibiting public
officials from holding closed meetings.