CHAPTER 4 -- FEDERALISM

CHAPTER 4-1 FEDERALISM: THE DIVISION OF POWER

FEDERAL LAW REQUIRES:

Men must register for selective service at 18

Most employers must pay minimum wage

No person can be denied a job based on race or ethnicity

STATE LAW REQUIRES:

You must have a driver’s license in order to drive.

It is illegal for anyone under 21 to buy alcohol or for anyone under 18 to buy tobacco

Only persons that satisfy certain requirements can buy and possess firearms.

WHY FEDERALISM?

How could the Framers possibly create a new central government that would be strong enough to meet the nation’s needs and, at the same time, preserve the existing strength of the states?

Few Framers favored the British model of government

The Framers were dedicated to limited government.

Framers were convinced that: (1)Government power poses a threat to

individual liberty (2)the exercise of governmental power

must be restrained (3)to divide governmental power is to

curb it and prevent its abuse

FEDERALISM DEFINED

FEDERALISM is a system of government in which a written constitution divides the powers of government on a territorial basis between a central, or national, government and several regional governments usually called states or provinces.

Each level has its own set of powers. Neither level acting alone can change the

basic structure of power.

Each level operates through its own agencies and acts directly through its own officials and laws

The Constitution provides for a DIVISION OF POWERS between the National Government and the States

The Xth Amendment spells out the division of power.

EXAMPLES OF FEDERALISM

1/3 of states operate liquor stores as a public monopoly while the rest are privately owned.

In NJ & OR, it is illegal to pump your own gas

ND doesn’t require voter registration Only NE has a unicameral legislature OR has legalized assisted suicide AK, DE, NH, MT, OR don’t impose a

general sales tax

POWERS OF THE NATIONAL GOVERNMENT The National Government is a

government of DELEGATED POWERS. It only has powers delegated to it by

the Constitution

THE EXPRESSED POWERS These powers are specifically stated in

the Constitution

Most expressed powers for Congress are in Article I, Section 8.

18 clauses give 27 powers to Congress Collect taxes, coin money, regulate foreign

and interstate commerce, raise and maintain armed forces, fix weights and measures, etc.

Expressed powers for the President are in Article II Section 2.

Commander-in-chief, reprieves and pardons, treaties, appoint major federal officials

Several powers are found in the amendments XVIth Amendment-Collect income taxes

IMPLIED POWERS Powers not expressly stated in the

Constitution Constitutional basis for these powers is in

Article I, Section 8, Clause 18—Gives Congress the “necessary and proper power.”

This clause is referred to as the Elastic Clause

IMPLIED POWERS-EXAMPLES

Congress regulates labor-management relations

Building of hydro-electric dams Building of 42,000 miles of interstate

roads Made acts federal crimes-moving

stolen goods, gambling devices, and kidnapped persons across state lines.

Prohibited racial discrimination in public places

THE INHERENT POWERS

These powers belong to the National Government because over time all national government possess these powers

Few but important—regulate immigration, deport aliens, acquire territory, grant diplomatic recognition, protect the nation against rebellion or other attempts to overthrow the government by force or other means

POWERS DENIED TO THE NATIONAL GOVERNMENT

Constitution denies powers in three distinct ways

(1) EXPRESSLY—levy duties on exports; take private property for public use without just compensation, prohibit freedom of speech, etc.

(2) SILENCE OF CONSTITUTION—create a public school system, enact uniform marriage and divorce laws, set up local units of government

(3) POWERS ARE DENIED BY THE FEDERAL SYSTEM—take no action that would threaten the existence of the government, tax states

Congress could, in theory, tax the states out of existance.

THE STATES

POWERS RESERVED FOR THE STATES RESERVED POWERS are those powers that

the Constitution does not grant to the National Government and does not deny to the States

Examples—people under 18 cannot marry in some states without parental consent, no alcohol under 21, ban pornography, prostitution, ban some gambling while permitting specific forms of gambling

Most of what government does today is done by STATES, not the national government.

Reserved powers include the vitally important police power—protect and promote public health, public morals, and public safety, and the general welfare

POWERS DENIED TO THE STATES

(1) EXPRESSLY--No state can enter into a treaty, coin money, deprive a person of life, liberty, or property without due process

(2) INHERENT—states can’t tax federal agencies

THE EXCLUSIVE AND CONCURRENT POWERS

EXCLUSIVE POWERS—Powers reserved only for the national government.

Example—make treaties, coin money CONCURRENT POWERS—Powers shared

by the National and State governments Example—collect taxes, define crimes,

set punishment, take private property for public use

(chart p. 93)

THE FEDERAL SYSTEM AND LOCAL GOVERNMENTS

Two levels of government: National & State

Over 87,000 units of local government in the USA (cities, counties, townships, etc.)

All units of local government are subunits of the State governments

Each state has unitary form of government-local governments are created for its own convenience

THE SUPREME LAW OF THE LAND

THE SUPREMECY CLAUSE Article VI, Section 2 (chart p. 94) Joins the National Government and the

States into a single government unit.

THE SUPREME COURT AND FEDERALISM The Supreme Court is the umpire in the

federal system. One of its chief duties is to apply the

Supremacy Clause when settling disputes McCulloch v. Maryland (1819) MD tried to tax a bank chartered by the

National Government. Bank refused. Cashier was convicted. Supreme Court reversed the decision based on the Supremacy Clause