chapter 4: federalism what is federalism? federalism is the way we divide power between the central,...
TRANSCRIPT
Chapter 4: FederalismChapter 4: Federalism
What is Federalism?What is Federalism?
Federalism is the way we divide Federalism is the way we divide power between the central, power between the central, national government, and the national government, and the regional state governmentsregional state governments
Why do we use a Federalist Why do we use a Federalist System?System?
Framers believed government Framers believed government was a threat to individual libertywas a threat to individual liberty
Government must therefore be Government must therefore be restrainedrestrained
Dividing the powers of Dividing the powers of government can limit itgovernment can limit it
Advantages of FederalismAdvantages of Federalism
Allows local action in matters of local Allows local action in matters of local concernconcern
Here are some examples…Here are some examples…
Gov. Brewer
Pres. Obama
Differences Between StatesDifferences Between States
In Oregon and New Jersey, it is In Oregon and New Jersey, it is illegal to pump your own gasillegal to pump your own gasIn Nevada, it is illegal to ride a In Nevada, it is illegal to ride a camel on state highwayscamel on state highwaysIn Texas, criminals are required to In Texas, criminals are required to inform their victims of the crime to inform their victims of the crime to be committed 24 hours in advance, be committed 24 hours in advance, either verbally or in writingeither verbally or in writing
Differences Between StatesDifferences Between States
In Massachusetts, it is illegal to go In Massachusetts, it is illegal to go to bed without taking a full bathto bed without taking a full bath
In Ohio, it is illegal to get fish drunkIn Ohio, it is illegal to get fish drunk
In California, it is illegal for a car In California, it is illegal for a car without a driver to exceed 60 miles without a driver to exceed 60 miles per hourper hour
Divisions of PowerDivisions of PowerThere are three kinds of power for There are three kinds of power for the national governmentthe national government ExpressedExpressed – written directly in the – written directly in the
ConstitutionConstitution Implied Implied – reasonably assumed – reasonably assumed
from the expressed powersfrom the expressed powers InherentInherent – never mentioned in the – never mentioned in the
Constitution, but always used by Constitution, but always used by national governmentsnational governments
Divisions of PowerDivisions of Power
Reserved Powers Reserved Powers – the powers that – the powers that are are notnot given to the given to the national national government, and government, and are thus reserved are thus reserved for the statesfor the states
1010thth Amendment Amendment
The Nation’s Obligations to the The Nation’s Obligations to the StatesStates
The national government is The national government is Constitutionally required to Constitutionally required to guarantee the following things for guarantee the following things for the states:the states: RepublicRepublican form of government an form of government
– basically means a – basically means a representativerepresentative government government
The Nation’s Obligations to the The Nation’s Obligations to the StatesStates
Protection from Invasion and Protection from Invasion and Internal DisorderInternal Disorder
Respect for Territorial Integrity – Respect for Territorial Integrity – it must legally acknowledge the it must legally acknowledge the existence and boundaries of the existence and boundaries of the states. states. Georgia vs. Tennessee Georgia vs. Tennessee
How to Admit New StatesHow to Admit New States
Congress has the power to admit Congress has the power to admit new states into the U.S. (Article new states into the U.S. (Article IV)IV)Congress gets to set rules for Congress gets to set rules for what states must do to get what states must do to get admittedadmittedFor example:For example:
UtahUtah
Congress required Utah to ban Congress required Utah to ban polygamy (having more than one polygamy (having more than one spouse) before being admittedspouse) before being admitted
Arizona had a rule that allowed Arizona had a rule that allowed people to remove judges by people to remove judges by voting – judicial recallvoting – judicial recall
Arizona repeal the law before Arizona repeal the law before becoming a state (Happy 100becoming a state (Happy 100thth!)!)
But, we’re tricky here in AZ…But, we’re tricky here in AZ…
ArizonaArizona
Arizona repealed the law as the Arizona repealed the law as the U.S. requested, and became a U.S. requested, and became a statestate
Our first official act of statehood –Our first official act of statehood – A constitutional amendment to A constitutional amendment to
add judicial recalladd judicial recall
ArizonaArizona
Cooperative FederalismCooperative Federalism
Sometimes, the state and national Sometimes, the state and national governments fight over powergovernments fight over power
There are also ways that they There are also ways that they help each otherhelp each other
Federal GrantsFederal GrantsGrant – money from the federal Grant – money from the federal government given to the statesgovernment given to the states This money helps the states run This money helps the states run
programs like programs like educationeducation and and welfarewelfare without going broke without going broke
The federal government sets The federal government sets conditionsconditions for receiving the grant, for receiving the grant, which gives it more which gives it more influence overinfluence over the statethe state
Types of GrantsTypes of Grants
Categorical Grant – money for a Categorical Grant – money for a specificspecific, defined purpose, defined purpose
Block Grant – money for a Block Grant – money for a broad broad purpose,purpose, few strings attached few strings attached
Project Grant – money for programs Project Grant – money for programs like like researchresearch or job training, could be or job training, could be given to given to universitiesuniversities or private or private businessesbusinesses
Other Help for the StatesOther Help for the States
FBI, ATF, U.S. Marshals, & FBI, ATF, U.S. Marshals, & Justice Dept. help state and local Justice Dept. help state and local policepoliceArmy helps National GuardArmy helps National GuardCensus Bureau’s data is free Census Bureau’s data is free research for the statesresearch for the statesAnd more!And more!
State help for the National State help for the National GovernmentGovernment
All elections are paid for and run All elections are paid for and run by the statesby the statesLocal police often catch the Local police often catch the criminals the FBI is searching forcriminals the FBI is searching forNaturalization takes place in state Naturalization takes place in state courtscourtsAnd more!And more!
Interstate RelationsInterstate Relations
““Can’t we just all get along?”Can’t we just all get along?”
Rodney KingRodney King
Full Faith and CreditFull Faith and Credit
The “Full Faith and Credit” Clause The “Full Faith and Credit” Clause is found in is found in Article IVArticle IV
It says that states must legally It says that states must legally recognize each others’ public recognize each others’ public acts, records, and judicial acts, records, and judicial proceedingsproceedings
Exceptions to Full Faith and CreditExceptions to Full Faith and Credit
Full Faith and Credit only applies to Full Faith and Credit only applies to Civil casesCivil cases, not criminal cases!, not criminal cases! States cannot punish someone on States cannot punish someone on
behalf of another statebehalf of another state
States do not have to recognize each States do not have to recognize each others’ divorces if the people were not others’ divorces if the people were not true residents of the state granting the true residents of the state granting the divorcedivorce
Other RequirementOther Requirement
Extradition – a fugitive from Extradition – a fugitive from justice who flees a state must be justice who flees a state must be returned to the state where he returned to the state where he committed the crimecommitted the crime
This prevents criminals from This prevents criminals from being able to escape being able to escape consequences of their actionsconsequences of their actions
DramatizationDramatization
Yo, Texas dude!
DramatizationDramatization
Some guy killed Michael Moore, and he crossed into your border.
DramatizationDramatization
Can you send him back over,
bra?
DramatizationDramatization
No. You’re a fruit cake, Cali.
DramatizationDramatization
And I hate that lefty slob…
DramatizationDramatizationNo, Texas! You must
extradite him!
DramatizationDramatization
Dang, ya’ll.
Go catch a wave…
Privileges and Immunities ClausePrivileges and Immunities Clause
States cannot draw distinctions States cannot draw distinctions between their residents and between their residents and citizens from other statescitizens from other states
Words of WisdomWords of Wisdomwith California Governorwith California Governor
Arnold SchwarzeneggerArnold Schwarzenegger