federalism

FEDERALISM

• Federalism - gov’t power divided between national and state gov’ts (both gov’ts going on at the same time)

– Some powers are given ONLY to the national gov’t and some ONLY to the state gov’ts

Powers of the National Gov’t

• the national gov’t ONLY has the powers the Constitution gives it

• *3 types*:– Expressed Powers– Implied Powers– Inherent Powers

Expressed Powers

• Powers of gov’t that are expressed, or actually written word for word in the Constitution

• Ex: Art. I Sec. 8 (Congress can declare war)

Implied Powers

• Powers of the national gov’t that are “hinted at”

• Ex: The Necessary and Proper Clause - Congress has the power to make laws that are needed and appropriate for the country

Inherent Powers

• “Inherent” = a characteristic of something

• Powers that ALL governments have

• Ex: regulate immigration and acquire territory

State Powers

• Reserved Powers - The powers the national gov’t can’t have belong to the states (as long as the Constitution doesn’t say “no”)

• Powers that are “saved for” or “left over”• Ex: marriage laws, liquor laws, speed

limits, public schools, etc.

• Exclusive Powers - powers ONLY the national gov’t has (ex: coin money, raise armies, etc)

• Concurrent Powers - powers that are SHARED between the national and state gov’ts (ex: taxes, make laws, est. courts)

The Supremacy Clause

• The Constitution is the HIGHEST law of the land– No state or national law can override it– national laws trump state laws– Ex: McCulloch v. Maryland

FEDERALISM MINI-DEBATE #1

• Should the definition/tradition of marriage be decided by the national government or by each state government?

WHY OR WHY NOT?

FEDERALISM MINI-DEBATE #2

• Should the legality of marijuana be decided by the national government or by each state government?

WHY OR WHY NOT?

The National Gov’t to the States

• Protect the states from invasion

• Can step into conflicts within state if the state can’t handle them

• Must respect state territory boundaries (and have them represented in Congress)

How a Territory Becomes a State

• Only Congress has the power to admit new states

• 1.) People in the territory ask Congress for permission to become a state

• 2.) Congress tells the people to make a state constitution

• 3.) State sends Congress their constitution for approval

Cooperative Federalism

• Grants-in-aid - the national gov’t gives state gov’ts money to help them function– Categorical grants - money for specific

purpose (ex: school lunches)– Block grants - money for a group of

programs (ex: healthcare, welfare, etc.)– Project grants - money for research and job

training

The States to the National Gov’t

• States conduct national elections

• Naturalization (becoming citizens) occurs in state courts

• State can catch and hold federal prisoners

Full Faith and Credit Clause

• States must respect the laws of other states

• BUT:– Cannot enforce the laws of another state– Ex: Some divorces won’t be recognized

because of state residency rules

Extradition

• If a criminal flees one state to another, he must be brought back to the first state for trial