Chapter 4 “Federalism” (Note Packet Ch.4, Sections 1+2)
“The true essence of federalism is that the States as States have legitimate interests which the National
Government is bound to respect even though its laws are supreme”
- Justice Sandra Day O’Connor (1985)
Section 1 “Federalism: The Division of Power”
I. FederalismA. Why Federalism?
1.
2. Framers of constitution were afraid:
against
3. Framers wanted to avoid the British model of government they had just fought a war
4. By dividing government power, the government’s power is _______________________________
B. Federalism defined
1. Division of Powers2. Strengths of Federalism
a.
- Ex: State concern- drunk driving….. national concern- threat from foreign
enemy or a national disaster such as a hurricane
b.
-Ex: certain states such as California often pass more liberal legislation first
(homosexual rights, same sex marriage, medicinal marijuana, funding for public projects)
II. Powers of the National Government
A. Delegated PowersB. 3 Types of Delegated Powers
1. Expressed Powersa. Ex: coin money, collect taxes, regulate foreign + interstate commerce, raise and
maintain armed forces, declare war among others….
2. Implied Powersa. Necessary + Proper Clause-States that the National Government has the right to:
b.Necessary + Proper Clause is also called the “______________________________” because it
has _________________________________________________
-“Strict vs Loose” interpretation of the Constitution
-Ex: Framers did not think of racial discrimination because African
Americans were slaves at the time
3. Inherent Powers-Ex: deport illegal aliens or protect the nation against a rebellion
-Ex 2: President Obama took to a new level when he entered Afghanistan to kill
Osama Bin Laden without Congressional permission
III. Powers Denied to the National Government
A. Some powers are ________________________________________________________________________
1. Ex: levy taxes on exports; prohibit freedom of religion, speech, press or assembly;
conduct illegal search + seizure; and
B. _________________________________________________________________________________ (Reserved Powers)
1. Ex: the national government cannot create a national school system, uniform
marriage/divorce laws or set up a National drinking age
IV. States
A. Reserved Powers- those powers that the Constitution :
1)
2):
a. Examples of Reserved State Powers:
B. Powers denied to the states
1. Ex: no state can enter into a treaty, alliance or confederation or coin their own money
V. Exclusive and Concurrent Powers
A. Exclusive Powers1. Ex: coin money, regulate interstate and foreign trade, raise and maintain armed forces,
declare war, admit new states, conduct foreign affairs
B. Concurrent PowersEx:
Ex. 2: There are national income taxes imposed by the Federal government but states have various
sales tax rates (if any at all)
VI. Federal System and Local Governments
A. More than 87,000 units of local government in the U.S. today
B. All Local governments are subunits of the State they reside in
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VII. The Supreme Law of the Land
A. What happens when State and National laws and disputes arise?
1. Supremacy Clausea. While the National Government cannot impede state powers, Congress can
__________________________________________________________________________________________________
b. Ex: Congress ruling that individual states cannot disregard Obama’s “Affordable
Care Act”
2.
a. _______________________________________________________ (1819) was the first time the
Supreme Court settled a dispute between State and National governments
-Court said Maryland’s tax on a bank was unconstitutional and overruled the
state’s previous decision
Section 2: “The National Government and the 50 States”
I. The Nation’s Obligations to the States
A. Republican form of government
1. “Republican form of government” generally understood as a ________________________________
B. Invasion and Internal Disorder
1.
a. Primary responsibility for keeping order rests with the states although the
Federal Government __________________________________________________________________
-Ex: 1967 Race Riot in Detroit and 1968 following MLK assassination
2. Internal Disorder involves _________________________________
-Ex: FEMA (_________________________________________________________)Problems after
Katrina
C. Respect for Territorial Integrity
1. The National Government must recognize the physical boundaries and legal existence of
each state
II. Admitting New States
* _______________________________________________________________________________________
A. Admission Procedure
1.
2. If Congress chooses they pass an “enabling act”
a. Enabling Act3.
4. If Congress agrees to create the state, they pass an “act of admission”
a. Act of Admission
5. President must ________________________________________________________
B. Hawaii and Alaska
1. Both states were _________________________________________________________________________
2. Hawaii adopted a Constitution in 1950 and Alaska in 1956
a. The point being :