FEDERALISM

Chapter 3

What is a federal system?

A system of government in which power is shared between the central government and state governments

Different from… Confederate system Unitary system

Why federalism?

Allows for sharing of resources States are “closer” to the people Unity without uniformity Limits the power of government States can be “labs” for policies Encourages cooperation between the

states States can administer federal programs

Federalism and the Constitution

The 10th amendment:“The powers not delegated to the U.S. by the

Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

The supremacy clause:“This Constitution, and the laws of the United

States which shall be made in pursuance thereof; and all treaties made, under the authority of the U.S., shall be the supreme law of the land.”

What is the hierarchy?

Arrange the following government actions: State statutes, city ordinances, U.S.

Constitution, county charters, state constitutions, Acts of Congress, Treaties

Hierarchy:

U.S. Constitution Acts of Congress Treaties State Constitutions State statutes County charters City ordinances

Other interpretations

New federalism Power of national government limited in

favor of broad state power (fiscal mgt., block grants)

Competitive federalism Provides choices for “consumers” Provides competition (tax dollars) Race to the Top? (Obama and Education)

Video on Demand

http://www.learner.org/courses/democracyinamerica/dia_3/dia_3_video.html#

What are the national government’s obligations to the states?

To provide a republican form of government To provide protection To respect the territory of the states To umpire state relations

States respect the authority of the national government, assist in providing protections, help national government carryout policies, conduct national elections

Why might states form interstate compacts?

To be more efficient (organization, financial)

Environmental issues, water systems, crime control, forest fires, etc.

Example: Port Authority (NY-NJ)

Extradition

Defined: the practice of requesting and transferring a person accused/convicted of a crime between states

Who is responsible for this process? Why do we have this procedure in place? Why might a governor refuse to

extradite? Courts CAN force a governor to extradite

to another state

Privileges and Immunities Article IV Section 2

Provision in the Constitution that requires each state to treat other states’ citizens the same

Civil matters Protection Acquire property Work, travel and play Utilize court system of another state

Discrimination by the States

What is an example of reasonable discrimination by one state against a citizen of another state? Voting requirements (Oregon v. Mitchell) Professional licensing College tuition

Full Faith and Credit Clause

One state must recognize the validity of documents and court decisions of another state

Marriage/Divorce Birth certificates Adoption Drivers’ licenses Exceptions? DOMA-relieves states of the

obligation to recognize same sex marriages

National, State, or Both?

Collect Taxes Collect Import Taxes Regulate Interstate

Commerce Declare War Fund and Regulate

Education Regulate Marriage

and Divorce Punish Counterfeiters

Create Post Offices Enforce Laws Regulate Trade

Within a State Raise an Army Regulate Gambling Naturalize Citizens Regulate Sale of

Alcoholic Beverages

Interpretations of Federalism Dual federalism

Layer cake Clear differences between state and

national power and responsibilities Cooperative federalism

Marble cake Undefined, mixed differences between the

powers and functions of the state and national government