Transcript Chapter 1 Principles of Government

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Chapter 4
Federalism
Section 1—Federalism: The
Division of Power
• Objectives:
– Define federalism and explain why the Framers chose
this system of government.
– Identify powers delegated to and denied to the
National Government, and powers reserved for and
denied to the States.
– Understand that the National Government holds
exclusive powers; it also holds concurrent powers
with the States.
– Explain the place of local governments in the federal
system.
– Examine how the Constitution functions as “the
supreme Law of the Land.”
Section 1—Federalism: The
Division of Power
• Why It Matters:
– The federal system divides government power
in order to prevent its abuse. There are two
basic levels of government in the federal
system---National and State. The Supreme
Court settles disputes between the two.
Section 1—Federalism: The
Division of Power
• Political Dictionary:
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Federalism
Division of powers
Delegated powers
Expressed powers
Implied powers
Inherent powers
Reserved powers
Exclusive powers
Concurrent powers
Section 1—Federalism: The
Division of Power
• Why Federalism?
– How to create a strong government, yet
protect the rights of the States.
– Articles of Confederation were too weak.
– Hate for the British strong central government.
– The Framers were convinced:
• Government must pose no threat to individual
liberty.
• Governmental power must be restrained.
• Divided power curbs and prevents abuse.
Section 1—Federalism: The
Division of Power
• Federalism Defined:
– Division of powers between a National
Government and various State governments.
– Dual system with areas of authority.
– Preserves local character of laws.
• Liquor, gasoline, voter registration, sales tax,
income tax, drivers licenses, unicameral, etc.
– Big matters like national defense and natural
disasters can be handled nationally.
Section 1—Federalism: The
Division of Power
• Powers of the National Government.
– Delegated Powers—those granted to the
National Government by the Constitution.
– Expressed Powers—spelled out in words.
• 18 clauses, 27 powers—Article I, section 8.
– Implied Powers—not spelled out but
reasonably suggested.
• “Necessary and Proper” Clause
• Convenient and Useful—Elastic Clause
– Highways, interstate crime, racial discrimination,
interstate commerce.
Section 1—Federalism: The
Division of Power
• Powers of the National Government (cont.)
– The Inherent Powers—few in number, but
usual and customary for national
governments.
• Immigration, diplomatic affairs, protection against
rebellion, etc.
Section 1—Federalism: The
Division of Power
• Powers Denied to the National
Government.
– Powers to levy duties on exports between
states.
– Prohibit freedom of religion, speech, press, or
assembly.
– Conduct illegal searches or seizures.
– Deny to any person accused of a crime a
speedy and public trial or trial by jury.
Section 1—Federalism: The
Division of Power
• Powers Denied to the National
Government.
– By silence because all national powers must
be given expressly, implicitly, or inherently.
• Power to create a public school system.
• Enact uniform marriage and divorce laws.
• Set up local units of government.
– Powers that would destroy the federal system.
• Taxation of States in doing their natural functions.
Section 1—Federalism: The
Division of Power
• The States
– Powers Reserved to the States.
• Reserved Powers.
– Can deal with marriage, liquor, pornography, prostitution,
gambling, licensure of professionals, drug trafficking,
land use laws, regulation of utilities
– Police power
– Section 2 of the 21st Amendment grants unlimited power
to regulate the manufacture, sale, and consumption of
alcoholic beverages.
Section 1—Federalism: The
Division of Power
• The States (cont.)
– Powers Denied to the States.
• Treaties, alliances, or confederations.
• Print or coin money.
• Deprive one of life, liberty, or property without due
process of law.
• Inherently the States may not tax the functions of
the National Government.
• State Constitutions limit State Government too.
Section 1—Federalism: The
Division of Power
• The Exclusive and the Concurrent Powers.
– Exclusive Powers:
• Coin money
• Make treaties
• Lay duties (taxes) on imports
• Regulate interstate commerce
– Concurrent Powers:
• Taxation
• Define and punish crimes
• Condemn property
• Establish courts
Section 1—Federalism: The
Division of Power
• The Federal System and Local
Governments.
– 87,000 units—all part of State Government.
– All local government actions are controlled by
and delegated to them by State Government.
• The Supremacy Clause
– Article VI, Section 2---”the supreme Law of
the Land.”
Section 1—Federalism: The
Division of Power
• The Supremacy Clause
– Article VI, Section 2---”the supreme Law of
the Land.”
– The Supreme Court and Federalism.
• McCulloch v. Maryland—1819, involved the attempt
of the Maryland legislature to tax the Second Bank
of the United States.
• The Supreme Court is the “umpire” of the federal
system.
Section 2—The National
Government and the 50 States
• Objectives:
– Summarize the obligations that the
Constitution places on the nation for the
benefit of the States.
– Explain the process for admitting new States
to the Union.
– Examine the many and growing areas of
cooperative federalism
Section 2—The National
Government and the 50 States
• Why It Matters:
– In this country, the power to govern is shared
by the National Government and each of the
50 States (including their thousands of local
governments). Given this fact, conflicts are
inevitable—and cooperation is absolutely
necessary.
Section 2—The National
Government and the 50 States
• Political Dictionary:
– Enabling Act
– Act of Admission
– Grants-in-Aid Program
– Revenue Sharing
– Categorical Grant
– Block Grant
– Project Grant
Section 2—The National
Government and the 50 States
• The Nation’s Obligation to the States
– Republican Form of Government
• Not defined but generally means “representative.”
The Supreme Court says this is a political question.
• After the Civil War Southern States had to ratify
the 13th, 14th, and 15th Amendments to be
readmitted.
– Until they did they were considered “not-republican.”
Section 2—The National
Government and the 50 States
• The Nation’s Obligations to the States
(cont.)
– Invasion and Internal Disorder
• Original intention is obsolete.
• Now occasionally used to protect against
“Domestic Violence.” Governor usually requests.
– Race conflict of the 1960s
– Ravages of nature
– Respect for Territorial Integrity
Section 2—The National
Government and the 50 States
• Admitting New States
– No new state may be created by taking
territory from another without their consent.
– 37 added since the original 13
• Enabling Act
• State Constitution prepared.
• Popular vote.
• Act of Admission by Congress.
Section 2—The National
Government and the 50 States
• Admitting New States (cont.)
– Conditions for Admission
• Rare restrictions
• Restrictions are often void after admission.
Section 2—The National
Government and the 50 States
• Cooperative Federalism
– Shared powers
• Federal Grants-in-Aid
– Northwest Ordinance provision for education—1787
– Morrill Act of 1862—to fund education
– Education, low-income housing, local law enforcement,
mental health, etc.
• Revenue Sharing—1972-1987—few strings, only
non-discrimination.
Section 2—The National
Government and the 50 States
• Shared Powers
– Types of Federal Grants
• Categorical Grants
– School lunch, sometimes require matching.
• Block Grants—broader than Categorical
• Project Grants—more specific
– Other Forms of Federal Aid
• FBI assistance, National Guard, Lulu payments
– State Aid to the National Government
• Conduct elections, use jails, naturalization
Section 3—Interstate Relations
• Objectives:
– Explain why States make interstate compacts.
– Understand the purpose of the Full Faith and
Credit Clause.
– Define extradition and explain its purpose.
– Discuss the purpose of the Privileges and
Immunities Clause.
Section 3—Interstate Relations
• Why It Matters
– What if Texas citizens were not allowed to
travel to Oklahoma, or needed a special
passport to do so? What if your North
Carolina driver’s license were not valid when
you drove through Ohio? Fortunately, several
key provisions in the Constitution promote
cooperation between and among the States.
Section 3—Interstate Relations
• Political Dictionary:
– Interstate Compact
– Full Faith and Credit Clause
– Extradition
– Privileges and Immunities Clause
Section 3—Interstate Relations
• Interstate Compacts
– Must have the consent of Congress
– More than 200 Compacts exist today
• Full Faith and Credit
– Applies only to civil, not criminal matters.
– Divorces may not be recognized.
• Williams v. North Carolina
– “Intent” to be a resident was determinant.
Section 3—Interstate Relations
• Extradition
– Mandatory
• Privileges and Immunities
– Cannot favor residents over others
– For some privileges residency can be a
required standard---voting, hunting/fishing,
out of state tuition, etc.