FederalismFederalism

FederalismFederalism What is Federalism?What is Federalism?

A system of government in which A system of government in which a written constitution divides the a written constitution divides the powers of government on a powers of government on a territorial basis.territorial basis.

A division between National A division between National government and regional/local government and regional/local governmentgovernment

FederalismFederalism Why Federalism?Why Federalism?

The “founding fathers” wanted the The “founding fathers” wanted the states to have as much power as states to have as much power as possible.possible.

The Articles of Confederation gave all of The Articles of Confederation gave all of the real power to the states.the real power to the states.

It was a failureIt was a failure They (FF) did not want a tyrannical They (FF) did not want a tyrannical

central governmentcentral governmentThat is why they left (England)That is why they left (England)

FederalismFederalism So how do we decide who has the So how do we decide who has the

power?power?The ConstitutionThe Constitution

The Federal government is a The Federal government is a government of government of delegated powersdelegated powers..It only has the powers that have It only has the powers that have been granted to it in the been granted to it in the constitution.constitution.

Delegated PowersDelegated Powers

There are Three types of There are Three types of delegated powers:delegated powers:ExpressedExpressedImpliedImpliedInherentInherent

Expressed PowersExpressed Powers What is an expressed powerWhat is an expressed power??

These are the powers that are spelled These are the powers that are spelled out in the Constitution.out in the Constitution.You can find them word for wordYou can find them word for wordThere is no room for interpretationThere is no room for interpretationYou can find most of the expressed You can find most of the expressed powers in Article 1 Section 8powers in Article 1 Section 8

There in 18 clauses congress is given There in 18 clauses congress is given 27 specific powers.27 specific powers.

Implied PowersImplied Powers What is an implied powerWhat is an implied power??

These are powers that are not These are powers that are not expressly stated but are expressly stated but are reasonably implied by the reasonably implied by the expressed powers.expressed powers.If they meant this then they must If they meant this then they must also have meant this.also have meant this.Ex. Building an interstate highway Ex. Building an interstate highway system.system.

Inherent PowersInherent PowersThese are powers that the These are powers that the

national government has national government has historically possessed.historically possessed.These are few in numberThese are few in numberEx. To regulate immigration, Ex. To regulate immigration,

deport aliens, protect against deport aliens, protect against internal rebellioninternal rebellion

Powers denied to the Powers denied to the National GovernmentNational Government

These are denied in three ways These are denied in three ways by the Constitution.by the Constitution.ExpresslyExpresslyImpliedImpliedThey are not designed to have They are not designed to have

all the power.all the power.

States PowersStates Powers States are governments of States are governments of

reserved powers.reserved powers.These are powers not given to These are powers not given to

the Federal government and not the Federal government and not denied to the states.denied to the states.Ex. States can forbid persons Ex. States can forbid persons under 18 to marry without under 18 to marry without parental permission.parental permission.

Powers Denied to StatesPowers Denied to States

Some powers are Some powers are specifically denied to states.specifically denied to states.Ex. No state can enter into Ex. No state can enter into a treaty.a treaty.

Ex. No state can print or Ex. No state can print or coin its own money.coin its own money.

Powers for both the Powers for both the Federal and StatesFederal and States

Some powers are specifically given to Some powers are specifically given to both.both.These are called concurrent powers.These are called concurrent powers.These are powers that are held and These are powers that are held and

exercised at the same time.exercised at the same time.Ex. The power to tax.Ex. The power to tax.

Some powers are specifically denied Some powers are specifically denied to both.to both.

Supreme Law of the Supreme Law of the LandLand

The division of powers is The division of powers is very complicated.very complicated.This results in a large number This results in a large number of law suitsof law suits

The “framers” created the The “framers” created the Supremacy Clause, Article VI, Supremacy Clause, Article VI, Section sSection s

Supremacy ClauseSupremacy Clause““This Constitution, and the This Constitution, and the laws of the United States laws of the United States which shall be made …. which shall be made …. Shall be the Supreme Law Shall be the Supreme Law of Land….Judges shall be of Land….Judges shall be bound by this law.”bound by this law.”This creates a “ladder of laws”This creates a “ladder of laws”

““Ladder of Laws”Ladder of Laws”U. S. ConstitutionU. S. Constitution

Acts of CongressActs of Congress

State ConstitutionsState Constitutions

State LawsState Laws

City and County ChartersCity and County Charters

What is the nations obligation to the What is the nations obligation to the states?states?

1.1. Guarantee a Republican Government Guarantee a Republican Government (representative government)(representative government)

2.2. Protect against invasionProtect against invasion3.3. Protect from Domestic ViolenceProtect from Domestic Violence4.4. Recognize the legal and physical Recognize the legal and physical

boundariesboundaries5.5. Allow each state equal representation in Allow each state equal representation in

the Senatethe Senate

How do we get new States?How do we get new States?1.1. Only Congress has the power to admit new statesOnly Congress has the power to admit new states

1st the area asks Congress admission1st the area asks Congress admission Congress passes an Congress passes an Enabling ActEnabling Act

Area then creates a constitutionArea then creates a constitution Congress approves constitutionCongress approves constitution Congress passes an Congress passes an Act of AdmissionAct of Admission President signs the act President signs the act

The area is now a stateThe area is now a state Congress may set conditions for admissionCongress may set conditions for admission

Ex. UtahEx. Utah They had to remove polygamy from their They had to remove polygamy from their

constitution before they were excepted.constitution before they were excepted.

What kind of Aid is Given?What kind of Aid is Given?

1.1. Federal Grants-in-AidFederal Grants-in-Aid Money given, by Federal government, for a Money given, by Federal government, for a

specific purpose and specific conditionsspecific purpose and specific conditions

2.2. Block GrantsBlock Grants Money given, by the federal government, for Money given, by the federal government, for

a broad purpose with very few conditionsa broad purpose with very few conditions

3.3. Revenue SharingRevenue Sharing This program was in place from 1972-1987.This program was in place from 1972-1987. It shared Federal money with state or local It shared Federal money with state or local

governments.governments.

What are interstate What are interstate Compacts?Compacts?

They are agreements among statesThey are agreements among states

They regulate how states interactThey regulate how states interact

There are around 200 interstate There are around 200 interstate compactscompacts

What do the terms What do the terms Full Faith and CreditFull Faith and Credit

mean?mean? States must honor one another’s laws States must honor one another’s laws

and court actionsand court actions

This does not apply to Criminal mattersThis does not apply to Criminal matters It only applies to civil casesIt only applies to civil cases

What is Extradition?What is Extradition? It is the legal process in which a criminal It is the legal process in which a criminal

in one state is returned to the state from in one state is returned to the state from anotheranother

The Supreme Court has ruled that The Supreme Court has ruled that Governors must comply with an Governors must comply with an extradition orders issued by a federal extradition orders issued by a federal court.court.

What are some privileges What are some privileges and Immunities?and Immunities?

A resident of one state may not be A resident of one state may not be discriminated against by another discriminated against by another statestate

All citizens must obey the laws of All citizens must obey the laws of all other states while in those all other states while in those statesstates Ignorance of the law is no excuseIgnorance of the law is no excuse