American Government
and Economics:
Unit 4: Federalism
Mr. Chortanoff
Overview and Insights
Chapter 4
Big Idea:
Federalism is a system that
operates and distributes power
between national and state
governments.
Unit Essential Questions:
1. How does a federal system operate?
2. How are powers distributed between
federal and state governments?
Two Concepts
Division of Power
Interstate Relations
How are powers
divided between
federal and state
governments?
How are relations
carried out between
the states and the
federal government?
Why is division of
power necessary?
How are interstate
relations carried out
between state
governments?
FEDERALISM
• Federalism divides
power to limit abuse by
government
• Central government and
State governments
share power
Government Powers
(Division of Powers)
Expressed
Powers Granted
Implied
Inherent
Delegated
Powers
10th
Amendment
Reserved
Powers
Concurrent
Powers
National
Government
State
Government
Denied Both
Denied States
Denied National
Powers Denied
Powers of the National
Government
The National Government is a government of delegated
powers, meaning that it only has those powers delegated
(granted) to it in the Constitution. There are three types of
delegated powers:
The expressed powers are those found directly within the
Constitution.
The implied powers are not expressly stated in the
Constitution, but are reasonably suggested, or
implied by, the expressed powers.
The inherent powers belong to the National Government
because it is the government of a sovereign state
within the world community. There are few inherent
powers, with an example being the National
Government’s ability to regulate immigration.
National Government Powers
• Delegated powers
– Written in Constitution
• Expressed or
Enumerated Powers
– Article I, section 8 – 27
Powers given to Congress
– Article II, section 2
Presidential powers
– Article III
Judiciary powers
National Government Powers
Continued
• Implied Powers
– Reasonably suggested or
interpreted (“read between the
lines”)
– Article I, Section 8, Clause 8
“Necessary and Proper”
(Elastic Clause)
National Government Powers
Continued
• Inherent Powers
– Powers that the
National government
always possesses
• Examples:
–
–
–
–
–
Regulate immigration
Acquire territory
Recognize other states
Protect the nation
Print money
NATIONAL POWERS
• Exclusive Powers –
only given to National
government
– Make treaties
– Print $$
– Add territory/states
STATES’ Powers
• Reserved powers
– Not given to the
Federal government
(just for the States)
• Powers denied to the
States
–
–
–
–
Treaties
Print $$
Deprive due process
Can’t tax Federal
government or
property
National and State POWERS
• Concurrent Powers
– States and Federal
government share
these powers
– Taxation
– Punish crimes
– Take property
Local Government
• 3 Levels of
government
– Federal
– State
– Local (County, City,
School)
– There are over 87,000
units of local
government in the US
– All local government
must follow the
Constitution
Republic Guaranteed
• National Government
guarantees we will have a
Republic (or
Representative
government) where
people can run and vote
for leaders
• National Government
guarantees us protection
from invasion and
domestic violence (War
on terror, disaster relief in
the Gulf area, Little Rock)
Admitting new States
• Only Congress can
admit new States
• Enabling Act must
be passed first which
direct people there to
frame a constitution
and vote on it
• Admission Act is
passed next which
means the territory
has been accepted as
a State
Cooperation between States and
Feds
•
Even though the basis of
federalism is the division of
powers between levels of
government, there is still much
cooperation between them.
• Federal Grants - $ given to
States by Federal government
with “strings attached”
• Revenue Sharing - $ given to
States by Feds with “no strings
attached”
Cooperative Federalism
HOW FEDERAL AND STATE GOV’TS
COOPERATE
TYPE OF SERVICE
GRANT-IN-AID
PROGRAMS
1.
2.
REVENUE SHARING
1.
2.
Was in place from 1972-1987
Congress gave share of federal tax revenue to State
and local governments to use as they chose
OTHER FORMS OF
FEDERAL AID
1.
2.
3.
Federal agencies assist State and local police
Armed forces equip and train States’ National Guard
Federal monies go to local governments in lieu of
property taxes
STATE AID TO THE
NATIONAL GOV’T
1. State and local officials conduct national
elections
2. Naturalization usually takes place in State courts
3. State and local police aid federal law
enforcement agencies.
3.
Congress sets up program in a variety of areas
Federal government gives money to States to run
programs
Types of grants include categorical, block, and project
Federal Grants
Congress appropriates (distributes) money for
three types of grants-in-aid:
Categorical Grants
•
Categorical grants are made for some specific, closely defined purpose, such
as school lunch programs or the construction of airports or water treatment
plants. There are usually conditions, or “strings,” attached to regulate the use of
these funds.
Block Grants
•
Block grants are portions of money allocated to States to use for broader
purposes, such as health care, social services, or welfare. Block grants often
are granted with fewer strings attached.
Project Grants
•
Project grants are provided to States, localities, and sometimes private
agencies that apply for them. They are used for a variety of purposes ranging
from medical research to job training and employment programs.
The Full Faith and
Credit Clause requires
that each State accept
the public laws,
records, and court
decisions of every
other State.
Interstate compacts
are agreements
among the States to
solve a common
problem.
Interstate
Relations
Extradition is the legal
process by which a fugitive
from justice in one State is
returned to that State.
The Privileges and Immunities
Clause states that all citizens
are entitle to certain privileges
(rights) and immunities
(protections, exemptions)
regardless of their State of
residence.
Between States
• Interstate compacts – States make pacts with
other countries or states with Congressional
approval
• Full Faith and Credit – records, court decisions,
and debts in one state carry into others (civil
matters)
• Extradition – criminal who leaves a State must
be returned
• Privileges and Immunities – all rights of
Americans recognized in all States
The Supremacy Clause
(Article VI, Section 2)
United States
Constitution
If there is a
conflict between a
lower law and a
higher one, the
higher one “wins.”
Acts of Congress
State
Constitutions
State Statues
(laws)
City and County
Laws
The U.S.
Constitution
is the
“Supreme
Law of the
Land.”