MacGruder’s American Government /Chapter 4
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Experience with English gov led framers to
fear centralized (unitary) systems
Confederation system was ineffective
Required Compromise between Unitary &
Confederation
 Needed to strengthen the national government
while maintaining state’s rights
 Decided to divide power equally between the state
& national governments (federal system)
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Federalism:
 A system of gov where a written constitution
divides power between a central & regional/state
gov
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Requirements of Federalism
 Division of Power: Each level must have separate
& distinct authority
 Each level must maintain own gov & agencies
 Neither level can act alone to change the
structure/division
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Powers given to the national gov by the
Constitution call the Delegated Powers
There are three types of Delegated Powers:
1. Expressed (Enumerated) Powers
2. Implied Powers
3. Inherent Powers
Expressed powers are the powers listed in the
Constitution as belonging to the national
government
Also known as Enumerated, because they are
numbered
Primarily come from two areas:
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Article I/Section 8/Clauses 1-18 – Legislative Powers
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Examples: to coin money, levy & collect taxes, to declare war,
regulate foreign & interstate trade
Article II/Section 2 – Executive Powers
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Examples: act as commander & chief of the military, grant
pardons & reprieves, make treaties, appoint federal officials
Implied Powers are defined as those powers not
listed in the constitution but that are necessary to
carrying out the expressed powers
Come from Article I/Section 8/Clause 18
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Known as the Elastic Clause or Necessary & Proper
Clause
Examples:
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Institute a draft
Regulate the air industry
Create a national interstate system
Protect against discrimination
Delegated Powers
Expressed Power
Implied Power
Create & Maintain the Armed
Forces
Institute the Draft
Levy & Collect Taxes
Create & Operate the Internal
Revenue Service
Regulate Interstate Trade
Maintain Interstate Highways &
Aviation Systems (Airports)
Defined as those powers that the national gov has
because it is the sovereign gov w/in the global
community
 May or may not be listed in the Constitution
 Examples:
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Regulate immigration
Define citizenship
Grant diplomatic recognition to new nations
Protect nation from rebellion & invasion
Acquisition of new territories
Define admission of new states/territories
Three ways Powers are denied to the national government:
1. Expressly states that a power is denied:
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2.
Constitution is silent on an issue
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3.
Levy or collect taxes on exports (goods exiting the country)
Prohibit freedom of religion, speech, press, …
Conduct illegal searches & seizures
Deny a person a fair trial
Create a national public school system
Enact uniform marriage/divorce laws
Set up local governments
The power interferes with the rights of state gov.
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Tax state or local gov
Interfere in intrastate trade (trade w/in a state)
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Known as the Reserved Powers
The Reserved Powers come from Amendment X of the Constitution
Examples:
 Regulate public education
 Establish guidelines for local government
 Provide for the public’s welfare
 Enact & enforce laws to ensure public safety (criminal law & police)
 Administer elections
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Powers Denied to the States:
 Cannot enter into a treaty or alliance with a foreign nation
 Cannot coin money
 Cannot declare war or maintain own military
 Cannot deny a person of life, liberty, property w/o due process
 Cannot interfere w/the carrying out of the national gov’s duties
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Exclusive Powers:
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Powers that the national government exercises alone
Examples:
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Coin money
Declare war
Make treaties w/foreign nations
Define citizenship
Concurrent Powers:
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Powers that both the national & state gov can exercise
Examples:
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Power to levy & collect taxes
Enact laws & provide for the enforcement of those laws
Establish a judiciary system for the punishment of crimes
Spend for the public welfare
Delegated Powers
Those powers that are
exercised by the
national government.
Types:
•Expressed
•Implied
•Inherent
Reserved Powers
Concurrent Powers
Those powers both the
national gov. & the states
can exercise
Those powers given to
the states by Amendment
X, includes regulating
elections, public schools,
etc.
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The Supremacy Clause (Article VI/Section 2) limits the authority
of the states, by declaring the Constitution as the Supreme Law of
the Land
This means that the states cannot supercede the Federal
“Constitutional” laws
McCulloch v. Maryland set the precedent to protecting the
supremacy of federal law
Example:
 California legalized marijuana for medical purposes
 Marijuana was declared an illegal substance via federal law
 Although “legal” by California’s standards, prescribing, distributing, or
possessing marijuana for medicinal purposes is illegal.
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Article IV (four) sets out guarantees the US government makes
to the states
The guarantees are:
 Republican form of government (representative form)
 Protection from invasion
 Assistance against domestic violence/unrest
▪ States mostly responsible for securing peace inside own boundaries
▪ If a state cannot manage to suppress a riot or other disturbance on its own, the
governor of that state can request help from the national government
▪ Governor can also request aid in the event of a natural disaster
▪ Federal gov. cannot deploy the national guard into a state w/o that state’s
request
 Protection of territorial integrity
▪ National gov. recognizes each state’s boundaries & territory
▪ Each state must have representation in both houses of Congress
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Only Congress can admit new states
Procedures for New State Admission:
 Territory requests Congress admit it as a state
 Congress passes an enabling act to direct the people of the state to begin
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drafting a state constitution.
Statehood convention drafts a Constitution for the state & state vote held
to approve it
State submits their Constitution to Congress for approval
Congress reviews state constitution & determines whether or not to
admit the state
Congress passes an Act of Admission to add state to the union
President signs the Act of Admission
Congress often adds certain conditions/requirements before they will add
a new state
▪ Example: Alaska could not take away any property held by Native Americans
▪ Wyoming had to take away women’s right to vote
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State & Federal governments must often work together toward
a common goal
Federal Grants-in-Aid:
 Federal gov. grants money to states for special functions
 Examples:
▪ Funds to build & maintain public schools & universities
▪ Grants to build roads, airports, & shipping ports
▪ Grants to support childcare for children of poor families (Peach Care)
 Federal gov. may put restrictions on how states can spend these grants
 Estimated $275-300 billion a year
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Revenue Sharing:
 Policy in place from 1972-1987
 Federal gov. “shares” the tax money it gains thru the Federal Income Tax
 Gave states an estimated $83 billion
Other Grants:
 Categorical grants: grants made for a very specific purpose
▪ Have many conditions and restrictions
▪ Examples: school lunch programs, construction of infrastructure (airports,
roads, sewage, etc.
 Block Grants: grants given for general purposes such as healthcare &
welfare, few restrictions
 Project Grants: grants states & state agencies apply for to address a
specific purposes, AIDS research, Cancer research, etc.
Other Types of Aid
 Assistance of local law enforcement
 FBI, DEA, & other agencies can help local law enforcement agencies upon
request or with multi-jurisdictional cases
 Provide training to law enforcement
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National Guard can be deployed to help in natural disasters
upon request of the states
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States can create agreements/compacts with other
states
 Often a result of overlapping responsibility with two or
more states
 Examples:
▪ Georgia, Alabama, & Florida have a water usage compact regarding the
Chattahoochee River
▪ Georgia, Florida, & Alabama agree to allow people in counties which
join the state boundaries to attend universities without paying out of
state tuition (example: Polk County resident can attend Alabama
schools w/o out-of-state fees)
 Some compacts are signed by all 50 states
▪ Sharing of criminal/crime information
▪ Finger printing database
▪ DNA database
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Full Faith & Credit is public acts, judicial proceedings &
records must be recognized among all states
 Examples:
 Legal contracts issued by Georgia must be recognized in the
rest of the US (marriage, divorce, child custody…)
 A guilty verdict in a criminal trial
 A civil suit settlement
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Exceptions:
 A state cannot charge its residents with a crime from another
state, unless the crime occurred in the other state
 A divorce cannot be granted by non-residents of a state
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Extradition
 An fugitive from the law captured in another state must be
returned to the state to face consequences
▪ Governor of state where crime was committed can request that the governor of
the state where the criminal is residing return the criminal
▪ If a governor refuses to return a fugitive, the federal gov will take custody of
the person & return them to the original state
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Privileges & Immunities
 States must recognize the rights of residents of other states to
travel in or move to a different state
 States must allow residents of any other states to use courts or
conduct business
 A state cannot discriminate against residents of other states
 States CAN place certain regulations on non-residents
▪ Charge out of state tuition
▪ Require a person to live a set period of time in that state before giving them
the right to vote in the state or a state license