American Citizenship
Chapter 4: Federalism
Section 1
Federalism: The Division of Power
Why Federalism?

In 1787, the framers struggled with ideas of
limited government and a strong central
government
–
Federalism was the compromise
Federalism Defined

Federalism
–
System of government in which a written
constitution divides the powers of government on
a territorial basis between a central (National)
government and several regional governments (or
States)
Divisions of Powers

Certain powers to national government and certain
power to states
–
–
Effectively a dual (two) system of government
Two levels of government, each with it’s own area of
authority

–
However, same people, same territory, at the same time
Examples



North Dakota does not require registration before voting
Massachusetts and California allow Gay Marriage
New Jersey and Oregon do not allow motorist to fuel their own
vehicles
Powers of the National Government

Delegated Powers
–

Powers given to it by the Constitution
Kinds:
–
Expressed Powers




Powers openly given to the National Government
Article 1 Section 8
Article 2 Section 2
Article 3
Powers of the National Government
(Con’t)

Implied Powers
–
–
Not stated in Constitution but suggested by the
Expressed Powers
Article 1 Section 8, Clause 18

Gives Congress the “necessary and proper power”
–

Elastic Clause
Example
–
Building Interstate Highway
– Building of Hydroelectric Dams
– Labor-Management
Powers of the National Government
(Con’t)

Inherent Powers
–
Given to National Government but not by the
Constitution

Example
–
Illegal Immigration
– Protection from rebellions
– Acquire Territory
Powers Denied to the National
Government


To create a public school system for the
nation
Enact uniform marriage and divorce laws
The States Powers

Reserved Powers
–
–

Constitution does not grant these powers to the
National Government yet does not deny to State
Government
Basically the ability to protect and promote public
health, the public morals, the public safety, and the
general welfare
Powers Denied to States
–
–
–
Enter into treaties with foreign nations
Print their own money
Ignore Due Process of Law
The Exclusive and Concurrent Powers

Exclusive Powers
–
–
Exercised by National Government only
Example




Coin Money
Make Treaties with Foreign States
Regulate Interstate Commerce
Concurrent Powers
–
Powers both National and State government express


Levy Taxes
Define crime and Punishment
The Federal System and Local
Governments

All local governments are part of the state
government
–
–
–
Locals given power from the State
Perform duties the State does not have enough
capabilities to do
Example

Public Schools
The Supreme Law of the Land

Supremacy Clause
–
–
–

Article 6 Section 2
Constitution is the supreme law of the land
Acts of Congress and Treaties next in supremacy
Supreme Court and Federalism
–
–
–
Court Case McCulloch v. Maryland
Maryland was taxing the Congress created 2nd Bank
of the United States
John Marshall (Then Chief Justice) ruled it illegal to
tax the bank due to supremacy clause
Section 2
The National Government and the 50 States
The Nation’s Obligations to the States


Mostly Found in Article 4
Republican Form of Government
–
–
Meaning the National Government must make
sure State Constitutions create a government that
is a “Representative Government”
Only time National Government was broadly
demanding this action was after Civil War

Required Southern States to Accept the 13th, 14th, 15th
amendments
The Nation’s Obligations to the States
(Con’t)

Invasion and Internal Disorder
–
An attack on one state, is an attack on all 50 states

–
–
Pearl Harbor (Attack on Hawaii) and September 11 (Attack
on New York) caused all 50 states into wars
Also protects states from one another
Otherwise, National Government does not bring it’s
army into the states if requested by the state
governments

Example: Hurricane Katrina
The Nation’s Obligations to the States
(Con’t)

Respect for Territorial Integrity
–
National Government must allow representatives
from each of the states participate in Congress

Unless that government does not have a “representative
Government”
Admitting News States


Only Congress can admit a new state to the
Union
Admission Process
–
The area must ask Congress for admission

Congress then passes the Enabling Act
–
Directing people to frame a state Constitution
– Must Pass the Constitution by Popular Vote in the proposed
state



Congress Reviews the Constitution and might pass an act of
admission
Then the President signs it into law
State Admitted into the United States
Admission Process (Con’t)

Conditions for Admission
–
Congress can set some conditions

–
Utah, before being admitted into the Union, had to
outlaw polygamy
However, once the state is admitted, the states
holds equal power as every other state
Cooperative Federalism



Continual Fight between National and State Power
However, there is also Cooperation between National
and State Governments
Federal Grants-In-Aid
–
Federal money or other resources to the states or understudies



Most Public Universities
New Deal Programs by FDR in the 1930’s
Very Common Today
–

New Housing Bill Passed in July
Constitutionality is questioned by some today
Cooperative Federalism (Con’t)

Revenue Sharing
–
–
Sharing of Federal Tax Revenue from 1972 to
1987
Taken away during Reagan Presidency to cut
Federal Deficit

Part of Fighting in Iraq is over Revenue Sharing with the
countries oil revenue
Section 3
Interstate Relations
Interstate Compacts


Agreements among states and with foreign
states
Full Faith and Credit
–
–
Validity of legal documents will be recognized in each
of the 50 states
Exceptions


Pertains to civil, not criminal
The permanent residency of the individuals also determines
the legality of documents
–
Divorces
– Gay Marriage
Interstate Compacts (Con’t)

Extradition
–
–

Legal process to transfer a fugitive from one state (or
nation) to another
Not guaranteed among other nations
Privileges and Immunities
–
–
All Citizens are equal among the states
Exceptions



Voting
Hunting and Fishing taxes
Public State Tuition Costs