Federalism
One of the Basic Principles of the
Constitution
Chapter 4
Federalism- division of
power between national
government & several
smaller governments; states
(local governments)
Why federalism?
•
Founding Fathers knew
•
Govern power is threat to
individual liberty!
•
Government power need to be
restrained!
•
To divide power in
government,
Federalism, is to
prevent abuse!
Delegated Powers
Delegated Powers
powers given to the national/federal
government- powers affect more then
one state…
Three types of delegated
powers!
Delegated Powers – specifically assigned to the
Federal Government by Constitution
1. Expressed Powers - “enumerated” - specifically
spelled out - includes exclusive powers
2. Implied Powers – not directly stated, but are
suggested by the expressed powers- elastic
clause (Necessary and Proper Clause)
3. Inherent Powers - through time have come to
possess, all sovereign gov’t have these
Constitution- Article 1
Section 8-Expressed
•
Expressed powers given to
Congress & federal
government
•
Include power to
declare war, levy taxes,
regulate commerce
and currency
•
The expressed powers grant
the legislative branch a huge
amount of authority over
American national policy,
both foreign and domestic.
Delegated- Expressed
Powers
Alexander Hamilton &
Implied Powers
•
Some of the founders like
Alexander Hamilton
believed that it simply
wasn’t possible to list all the
powers that the government
could be allowed, therefore
what could be "implied"
from the powers specifically
stated was constitutional
Video link to “elastic
clause in 3 Minutes”
Click here for Video
Reserved powers- Held by the States Alone
Idea is that the states are more “in tune”
with the unique needs of the people of their
state.
Federalism
List of powers!
Concurrent Powers
Concurrent means "at the same time", in this case
concurrent powers are those that both the federal and
state governments have simultaneously.
Supremacy Clause
the Constitution is above all other
laws “supreme law of the land”
Federalism Today
Clash between Feds &
State
DOMA- 1996
The Defense of
Marriage Act (DOMA)
is a federal law passed in
1996 that both created a
federal definition of
marriage as being
between a man and a
woman and expressly gave
& states permission to
refuse to recognize
marriages entered into by
same-sex couples in other
jurisdictions.
Full Faith & Credit Clause marry in one state & move to another
it should be respected! But…
DOMA-relives states of obligation to
recognize same sex marriage
Supreme Court- 2013 Declared DOMA as
unconstitutional
Supremacy Clause-states Constitution is above
all other laws “supreme law of the land”
Federalism Today
Clash between Feds &
State
Federalism Today
Clash between Feds &
State
In what ways do the federal &
state governments work
together?
Called Cooperative Federalism!
Grants-in-aid- aid to states, cities &
local governments
THREE TYPES OF
FEDERAL GRANTS TO
STATES
Categorical Grants - used for very specific
programs; often come as matching funds- state
must match the funds the fed. Government
provides. School lunches, airports….
Block Grants – broad areas- healthcare, social
services, welfare
Project Grants- supports specific projects science grants, medical issues..
Next Section
Interstate Relations
CHAPTER 3 SECTION 3
Sec. 3 - Interstate
Relations
Relations among the states - encouraged by Const.
Interstate Compacts - agreements made between
states; typically over environmental & shared issues
Full Faith & Credit Clause - must respect official
documents, laws, court orders, & records of other
states- birth certificate & other things valid in all
states.
If person loses lawsuit in Pennsylvania & has to
pay $50,000- cannot flee to NJ to get out of
paying!
“Four Corners”
States must interact with each other on
many issues…
Interstate Relations- One example – Interstate Compacts
Interstate Compacts - agreements made between states; typically
over environmental & shared issues, highways that cross into
different states.
1921 compact created..
Full Faith & Credit
Clause
State drivers License..
Full Faith & Credit Clause marry in one state & move to another
it should be respected! But…
DOMA-relives states of obligation to
recognize same sex marriage
DOMA- 1996
The Defense of
Marriage Act (DOMA)
is a federal law passed in
1996 that both created a
federal definition of
marriage as being
between a man and a
woman and expressly gave
& states permission to
refuse to recognize
marriages entered into by
same-sex couples in other
jurisdictions.
Supreme Court- 2013 Declared DOMA as
unconstitutional
Supremacy Clause-states Constitution is above
all other laws “supreme law of the land”
Interstate Relations
Privileges & Immunities - citizens of a state enjoy
all the rights of citizens of all other states (14th
Amend)
Sec. 3 - Interstate
Relations
Relations among the states - encouraged by Const.
Interstate Compacts - agreements made between
states; typically over environmental & shared issues
Full Faith & Credit Clause - must respect official
documents, laws, court orders, & records of other
states- birth certificate & other things valid in all
states.
If person loses lawsuit in Pennsylvania & has to
pay $50,000- cannot flee to NJ to get out of
paying!
“Four Corners”
States must interact with each other on
many issues…
Interstate Relations- One example – Interstate Compacts
Interstate Compacts - agreements made between states; typically
over environmental & shared issues, highways that cross into
different states.
Full Faith & Credit
Clause
State drivers License..
will be returned
Prevent a
person from
escaping justice
by fleeing a
State.
Extradition - accused criminal will be
returned-prevent a person from escaping
justice by fleeing a state.