The Federal System
Chapter 4
The Federal System

I.
Federalism
• A. Power is divided between a central government
and constituent governments.
1.
both exercise direct authority
2.
Two types:
• Fed to state
• State to county
• B. National Powers:

1. Delegated powers: granted in constitution.
• a. Expressed powers
• b. Implied powers: Elastic Clause – tied to meeting expressed.
• c. Inherent Powers

2. Exclusive powers: only feds

3. Supremacy Clause

4. Denied Powers: Specific prohibitions

5. Concurrent Powers: both national and state governments share (tax,
courts, laws).
EXPRESSED POWERS
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borrow money
regulate commerce with foreign nations, and among the several states,
and with the Indian tribes
establish a uniform rule of naturalization
uniform laws on the subject of bankruptcies
coin money, regulate the value thereof, and of foreign coin, and fix the
standard of weights and measures
provide for the punishment of counterfeiting
establish post offices and post roads
promote the progress of science and useful arts, securing authors and
inventors the exclusive right to their respective writings and discoveries
constitute tribunals inferior to the Supreme Court
define and punish piracies and felonies committed on the high seas, and
offenses against the law of nations
declare war, grant letters of marque and reprisal, and make rules
concerning captures on land and water
raise and support armies, but no appropriation of money to that use shall
be for a longer term than two years
provide and maintain a navy
make rules for the government and regulation of the land and naval forces
provide for calling forth the militia to execute the laws of the union,
suppress insurrections and repel invasions
provide for organizing, arming, and disciplining, the militia, and for
governing such part of them as may be employed in the service of the
United States, reserving to the states respectively, the appointment of the
officers, and the authority of training the militia according to the discipline
prescribed by Congress
Rule D.C.
necessary and proper
• C. State Powers: Reserved Powers
th
 1. 10 Amendment:
•
"The power not delegated to the United States by the Constitution not prohibited to it by the States, are reserved to the States
or to the people."
2. Power to determine the qualifications for voting most
important
 3.
Three categories of reserved powers:
• a. Public education
• b. Police powers
• c. Right to regulate commerce within a state,
intrastate commerce.
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
II. Relationships of Federalism
• A. Vertical Federalism: relationship national to state
 1.
National government provides for states

2.

Safety

Leadership
States


Participate
Conduct elections
• B. Horizontal Federalism: state to state.
 1."Full Faith and Credit"
• a. accept other states' public acts, records, and
judicial proceedings. (divorce)
 2."Privileges and Immunities." same rights (property)
 3. Extradition (optional)

III. Changing Federalism
• A. National Supremacy versus States' Rights
 1. Nation-centered view
• a. Federalists
 2.
State-centered view
• a. Anti-Federalists
• b. Nullification theory: States declare acts of Congress
unconstitutional

3. Ended by succession and Civil War
• B. Dual Federalism (1865-1933)
 1.
Distinct spheres of national and state authority
• C. Cooperative Federalism (1933-1968)
 1.
National expansion
• a. Liberal application of interstate commerce clause
 2.
Grants-in-aid
• a. Explosion in national funds to states and cities
 1.
First New Deal
 2.
Second New Deal
 3.
Great Society
• D. New Federalism (1968-present)
 1.
Generalized grants
 2.
Erosion of State Powers
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IV. Federalism's power struggle
• A. National Regulation
 1.
Direct orders
• a. States must comply
2. Preemption: takes power away from local
governments (cable regulation)
 3.
Partial preemption: minimum standards (Clean Air
Act)

• B. Grants-in-aid: grants restricted unless
conditions are met (speed limits)
• A. Types of Grants
 1.
categorical: specific purpose
 2.
block: broad areas; less restrictive