Transcript Chapter 4 Federalism Ppt-Powers

Federalism
Chapter 4
American Government
Ms. Powers
Federalism
Section 1: Powers Divided
What is Federalism?
Federalism: A system of
government in which a
written constitution
divides power between a
central government &
several regional
governments
• Central Government =
Federal
• Regional = State
What is Federalism?
• Federalism creates 2 basic
levels of government that
overlap
• Each level of government has
its own set of powers
• Each level has some powers
denied to the other level
• Neither level can change the
basic division of powers
• Each level of government
operates through its own
agencies & acts directly
through its own officials &
laws.
Federal or State Law? You Decide
• Men must register for military service at the age of 18
• You must have a drivers license in order to operate a
vehicle
• You must be 21 years of age to buy alcoholic
beverages
• Employers must pay employees at least minimum
wage
• Only persons who satisfy certain requirements can
purchase a firearm
• No person can be denied a job on the basis of his or
her race or ethnicity
The Framers & Federalism
• Remember the Articles of
Confederation. What was the
issue?
Question: How to create a strong
central government that still
preserved the States?
Answer: Federalism
• Framers believed that the
government power must be
divided and limited so that it
cannot threaten individual liberty
How is the Power Divided?
The Constitution provides for a
division of powers between
National & State governments
• 10th Amendment
Federalism allows local
governments to handle local
concerns while the national
governments deals with
national issues
• Gives States flexibility
• Successful State programs
may influence national &
other state policies (ex:
Welfare Reform Act of 1996)
Delegated Powers
Delegated Powers = The National
government has only those powers
delegated (granted) to it in the
Constitution
Three types:
1. Expressed Powers
2. Implied Powers
3. Inherent Powers
Expressed Powers
Expressed Powers: Those powers that are spelled
out expressly in the Constitution
• AKA “Enumerated Powers”
Article I: Congressional (Legislative)
– Lay & collect taxes, coin money, maintain armed forces, & many more
Article II: President (Executive)
– Commander in chief of armed forces, grant pardons, make treaties
Article III: Supreme Court (Judicial)
– Power to make judicial decisions, judge constitutionality
Implied Powers
Implied Powers: Powers not
specifically mentioned in the
Constitution but that are suggested by
the expressed powers
• Necessary & Proper Clause: Gives
Congress the power to make all
laws “necessary & proper” for
carrying out its expressed powers
– “Elastic Cause”: Over time it has been
stretched to cover so many different
situations
Examples: Interstate highway system,
banning racial discrimination, building
dams, etc.…
– Implied powers are based on
expressed powers
Inherent Powers
Inherent Powers: Powers that
belong to all independent
national governments
– Examples: Acquiring territory,
defending the nation, regulating
immigration & conducting
diplomacy
– They belong to the National
government simply because it is a
national government
– They exist because the United
States exist
– They are NOT based in the
Constitution
Denied Powers
• The Constitution denies certain
powers to the federal government
Three Ways:
1. Expressly in the Constitution
–
Cant prohibit freedom of speech,
religion, press.
2. Silence of the Constitution
–
Cant create public school system
for the nation
3. Federal System itself
–
Cant tax states or any of their local
units for their governmental
functions (undermine the system)
State Reserved Powers
Reserved Powers: Powers not given
to the national government or
denied to the States
• 10th Amendment
Examples: Police power, issue drivers
licenses, establish public schools, enact
land law use and many, many, many
more
–
HUGE RANGE/SCOPE OF POWERS
*Most of what government does in this
country today is done by the states*
Powers Denied the States
• The Constitution specifically
denies some powers to the states
• No State can enter into a treaty,
alliance, or confederation
– Some of these are also denied to the
federal government
– Other powers denied to the State are
exclusive to the federal government
• The States are denied some
powers by the nature of the
federal system
– No State can tax the federal
government or regulate interstate
trade
Exclusive Powers
Exclusive Powers: Powers that can only be used
by the national government
– Cannot be exercised by the States under ANY
circumstances
– Some are expressly denied, others are not but
they are still exclusive
Examples: States cannot coin money, enter treaties
with foreign states, or lay taxes on imports
Concurrent Powers
Concurrent Powers: Shared by the federal government and
State governments
• Include all powers not exclusive to the national government
or denied to the States
Remember: There are only 2 levels of government…
- State & federal
- Local governments are subunits of
their State governments
*Make
Federal system
Function*
Supreme Law
“Supremacy Clause”: The
Constitution is the supreme
law of the land
- Called the “Linchpin of the
Constitution”: Joins the
national government and the
States into a single
governmental unit (federal
government)
SCOTUS & Federalism
The Supreme Court settles
conflicts between State &
federal laws
– Can rule a state or federal law
to be unconstitutional
McCulloch v. Maryland (1819)
– Ruled that when federal &
State laws conflict, the
federal law wins if it is
constitutional
Crash Course
Federalism Crash Course
Federalism
Section 2: The National Government
& the 50 States
The United States
The Constitution…
1. Requires the National Government to
guarantee certain things to the States
2. Makes it possible for the National
Government to do certain things for the
States
The Nation’s Obligations
According to the Constitution… the National
Government must guarantee these things to the
States
1. A republican form of government
2. Protection from invasion & internal disorder
3. Respect for territorial integrity
Guarantees & Protections
1. Republican Government: Means that each State
must have a representative government
2. Protection from Invasion & Domestic Violence:
Rarely necessary, though it happened in the
1960’s during the civil rights movement
3. Territorial Integrity: The national government
must recognize the legal existence and physical
borders of each State
•
Each State must be represented in the U.S. Congress
Admitting New States
The Northwest Ordinance of 1787 set the rules for
admitting new States
• Established the principle that U.S. territories could
become equal members of the nation once they had
a high enough population (60,000)
Only Congress Can admit
new States
• A new State cannot be
made from the territory
of any existing states
without their consent
State Admission Process
1. Area wanting Statehood asks Congress for permission
2. Congress passes an Enabling act: an act that directs the
people of the territory to frame a proposed State
Constitution
3. Constitution is put to vote in the proposed State
4. Constitution is submitted to Congress
5. If Congress approves the Constitution it passes an Act
of Admission: An act that creates the new State
6. President has to sign the act of admission!
U.S. Territorial Expansion
Cooperative Federalism
• Remember: Federalism produces a
government that has 2 basic levels that
operate over the same people and the same
territory at the same time
• “Tug of War”
• Cooperation is KEY
Federal Grants In Aid
*Best example of intergovernmental cooperation*
Grants in Aid Programs: Grants of federal money or other
resources to the States and their cities, counties, and
other local units
• Today there are over 500 grant in aid programs in
operation
• Total over $400 Billion and account for 1/3 of all State &
local government spending
Examples:
– Morrill Act of 1862 = State Universities
– 1808 militia = Future National Guard
– New Deal Programs = Economic Recovery
Federal Grants In Aid
*Make it possible for the Federal Government to operate in
areas it would otherwise have no constitutional authority*
Types of Federal Grants
Categorical Grants: A grant made for a specific, welldefined purpose (school lunches, airport construction,
wastewater treatment, etc.)
Conditions for the State:
– Use money for ONLY specific purpose involved
– Make its own monetary contribution
– Provide an agency to administer the grant
– Obey a set of guidelines for the grant
Types of Federal Grants
Block Grants: A grant given for a broadly
defined purpose (healthcare, social services,
welfare)
Geauga County Grants
– Fewer conditions than categorical grants
– States have more freedom in deciding how to
spend money
Types of Federal Grants
Project Grants: A grant made
to States, local governments,
or private agencies that apply
for funds to carry out a project
or provide training
Examples:
– Cancer research
– Medical research
– Employee training
State Aid to National Gov.
How do the States aid the National Gov.?
• Elections!!!!
• State & local governments hold National
elections
• Financed with State & local funds
Geauga County Voting
Federalism
Section 3: Interstate Relations
Interstate Relations
How do the States work
together to preserve the Union?
– Interstate Compacts
– Full Faith & Credit
– Extradition
– Privileges & immunities
Interstate Compacts
Interstate Compact: An
agreement made between two
States or between a State & a
foreign government
• Examples: Share law
enforcement data, climate
change, conserve water &
wildlife, manage shared
resources & borders
– Today there are over 200
compacts in force
– Number has increased over
time
Ohio Compacts
Full Faith & Credit
Full Faith & Credit Clause: Of the Constitution
requires each State to honor and enforce the laws,
official documents, and court rulings of other
states (ex: birth certificates honored)
Exceptions:
1. It applies only to the civil laws of each State, not
criminal laws
2. If a person who does not live in a State is
granted a divorce by that state, the State in
which that person actually resides can refuse to
recognize the divorce
Marriage & Divorce
Defense of Marriage Act (DOMA) 1996: Only
marriage between man and woman is legal….
• Same sex marriage WAS outlawed by federal
government & 41 states until.....
Obergefell v. Hodges (2015) OHIO
http://www.nytimes.com/interactive/2015/us/20
14-term-supreme-court-decision-same-sexmarriage.html?_r=0
Extradition
Extradition: The legal
process of returning a
fugitive to a State
• Designed to prevent a
person from escaping
justice by fleeing a state
• Typically a State
governor asks another
State governor to return
any captured fugitives
• Extradition may be
challenged
Privileges & Immunities
Privileges & Immunities Clause: No State can
make unreasonable distinctions between its
residents & residents of another State
– Each State must recognize the right of any
American to travel in or become a resident of that
State
– Citizens can marry, buy, own, rent or sell property
in any state regardless of where they live
Reasonable distinction = In state college tuition
Ohio State University Tuition