Ch. 4 Federalism

Ch. 4 FederalismCh. 4 Federalism

What is federalism?What is federalism?

Division between state and nationalgovernmentDivision between state and nationalgovernment

Major Strength: allows local action inmatters of local concern and nationalaction in matters of national concern.Major Strength: allows local action inmatters of local concern and nationalaction in matters of national concern.

Why did the Framers feel that adivision of powers was needed?Why did the Framers feel that adivision of powers was needed?

Governmental power poses a threat tolibertyGovernmental power poses a threat toliberty

Therefore the exercise of governmentalpower must be restrainedTherefore the exercise of governmentalpower must be restrained

By dividing governmental power, theywere preventing its abuseBy dividing governmental power, theywere preventing its abuse

Where in the Constitution is thedivision stated?Where in the Constitution is thedivision stated?

10th Amendment10th Amendment

THE FEDERAL SYSTEM AND LOCALGOVERNMENTTHE FEDERAL SYSTEM AND LOCALGOVERNMENT

3 levels of govt. (Division of Govt)3 levels of govt. (Division of Govt)

NationalNational

StateState

LocalLocal

Powers of the National GovernmentPowers of the National Government

Called delegatedCalled delegated

3 types:3 types:

ExpressedExpressed

ImpliedImplied

InherentInherent

Expressed PowersExpressed Powers

a.k.a. enumerated powersa.k.a. enumerated powers

27 given to Congress27 given to Congress

page 96page 96

Implied PowersImplied Powers

Not expressly stated in theConstitution but are reasonablysuggested ( implied)Not expressly stated in theConstitution but are reasonablysuggested ( implied)

Article I, Section 8, Clause 18 –Necessary and Proper Clause ( ElasticClause)Article I, Section 8, Clause 18 –Necessary and Proper Clause ( ElasticClause)

Page 96-97Page 96-97

Inherent PowersInherent Powers

Belong to National Govt. because it is thegovt. of a sovereign state within the worldcommunity.Belong to National Govt. because it is thegovt. of a sovereign state within the worldcommunity.

Only claimed by national govt., not statesOnly claimed by national govt., not states

Page 97Page 97

Powers Reserved to the StatesPowers Reserved to the States

Called Reserved Powers ( powers that theConstitution does not grant to the Nationalgovt. and does not, at the same time,deny to the StatesCalled Reserved Powers ( powers that theConstitution does not grant to the Nationalgovt. and does not, at the same time,deny to the States

Page 99Page 99

Concurrent PowersConcurrent Powers

Powers delegated to both theNational Govt. and the State Govt.Powers delegated to both theNational Govt. and the State Govt.

Page 99-100Page 99-100

How do the States get thesepowers?How do the States get thesepowers?

1. the Constitution does not give theNational Govt. the powers to take theseactions1. the Constitution does not give theNational Govt. the powers to take theseactions

2. It does not deny the States the power totake them.2. It does not deny the States the power totake them.

3. Only power given to the states that isreally expressed in the Constitution is themanufacture, sale, and consumption ofalcoholic beverages.3. Only power given to the states that isreally expressed in the Constitution is themanufacture, sale, and consumption ofalcoholic beverages.

StatesStates

Full Faith and Credit Clause –Full Faith and Credit Clause –

“…shall be given in each State to thepublic Acts [laws of the state], Records[birth documents, marriage, property],and judicial Proceedings [court outcomes]of every other State.”“…shall be given in each State to thepublic Acts [laws of the state], Records[birth documents, marriage, property],and judicial Proceedings [court outcomes]of every other State.”

ExtraditionExtradition

the surrender of an alleged offender orfugitive to the state in whose territory thealleged offence was committedthe surrender of an alleged offender orfugitive to the state in whose territory thealleged offence was committed

Local GovernmentLocal Government

More than 87,000 localgovernments within U.S.More than 87,000 localgovernments within U.S.

Can provide services, regulateactivities, and collect taxes.Can provide services, regulateactivities, and collect taxes.

Derive power from Stategovernments.Derive power from Stategovernments.

Dual powers can create conflictswithin the govt. so how doesthe govt. resolve them?Dual powers can create conflictswithin the govt. so how doesthe govt. resolve them?

The Supremacy ClauseThe Supremacy Clause

The Supremacy ClauseThe Supremacy Clause

“ This Constitution, and the Laws of the UnitedStates which shall be made in Pursuancethereof; and all Treaties made, or which shall bemade, under the Authority of the United States,shall be the supreme Law of the Land; and theJudges in every State shall be bound; thereby,any Thing in the Constitution or Laws of anystate to the Contrary notwithstanding.”“ This Constitution, and the Laws of the UnitedStates which shall be made in Pursuancethereof; and all Treaties made, or which shall bemade, under the Authority of the United States,shall be the supreme Law of the Land; and theJudges in every State shall be bound; thereby,any Thing in the Constitution or Laws of anystate to the Contrary notwithstanding.”

The Supremacy ClauseThe Supremacy Clause

The Constitution and the laws andtreaties are the Supreme law of theland.The Constitution and the laws andtreaties are the Supreme law of theland.

Called the “linchpin of the Constitution”because it joins the National Govt. andStates into a single governmental unit.Called the “linchpin of the Constitution”because it joins the National Govt. andStates into a single governmental unit.

The Supremacy ClauseThe Supremacy Clause

Local Laws

State Statutes

State Constitutions

Acts of US Congress and Treaties

US Constitution

Invasion and Internal DisasterInvasion and Internal Disaster

The Constitution states that the NationalGovt. must protect States from Invasionand against domestic violence.The Constitution states that the NationalGovt. must protect States from Invasionand against domestic violence.

clear that any invasion on a state wouldbe an attack on the U.S.clear that any invasion on a state wouldbe an attack on the U.S.

However, this wasn’t always the case:However, this wasn’t always the case:

Invasion and Internal DisasterInvasion and Internal Disaster

Local govts- take care of peace, internaldisorder, etc.Local govts- take care of peace, internaldisorder, etc.

When a govt. cannot control area, then Statesteps in.When a govt. cannot control area, then Statesteps in.

When is help needed by the federal govt.?When is help needed by the federal govt.?

1960s – Race Riots1960s – Race Riots

2005 – New Orleans2005 – New Orleans

Usually President sends in troops at the request ofGovernor or legislature.Usually President sends in troops at the request ofGovernor or legislature.

Interstate RelationsInterstate Relations

Interstate Compacts –Interstate Compacts –

States can enter agreements amongthemselves and with foreign states.States can enter agreements amongthemselves and with foreign states.

All 50 States have joined in two:All 50 States have joined in two:

The Compact for the Supervision of Parolees andProbationersThe Compact for the Supervision of Parolees andProbationers

Compact on JuvenilesCompact on Juveniles

Privileges and ImmunitiesPrivileges and Immunities

No State can draw unreasonabledistinctions between its own residents andthose persons who happen to live in otherStates.No State can draw unreasonabledistinctions between its own residents andthose persons who happen to live in otherStates.

(Each state must recognize the right of anyAmerican to travel in or become a resident ofanother State)(Each state must recognize the right of anyAmerican to travel in or become a resident ofanother State)

McCulloch vs. Maryland (1819)McCulloch vs. Maryland (1819)

Background:Background:

1816 – Congress chartered the 2nd National Bank ( onebranch in Baltimore)1816 – Congress chartered the 2nd National Bank ( onebranch in Baltimore)

1818 – Maryland passed a “stamp tax”1818 – Maryland passed a “stamp tax”

Tax on paper used by National BankTax on paper used by National Bank

Use specialty paper or fined.Use specialty paper or fined.

James McCulloch – cashier, refused to use paper or payfine.James McCulloch – cashier, refused to use paper or payfine.

Maryland took to court, McCulloch lostMaryland took to court, McCulloch lost

Appealed to Supreme Court, McCulloch wonAppealed to Supreme Court, McCulloch won

McCulloch vs. Maryland cont.McCulloch vs. Maryland cont.

Issue:Issue:

Does any state have the right to tax anagency of the US Government?Does any state have the right to tax anagency of the US Government?

Does Congress have the right to establish anational bank?Does Congress have the right to establish anational bank?

McCulloch vs. Maryland cont.McCulloch vs. Maryland cont.

Debate:Debate:

Maryland felt they could tax national bankbecause Constitution didn’t specificallyprohibit it.Maryland felt they could tax national bankbecause Constitution didn’t specificallyprohibit it.

McCulloch said no – goes against SupremacyClauseMcCulloch said no – goes against SupremacyClause

Can US have a national bank and place it inthe states without approval?Can US have a national bank and place it inthe states without approval?

McCulloch said yes – “implied powers”McCulloch said yes – “implied powers”

McCulloch vs. Maryland cont.McCulloch vs. Maryland cont.

DecisionDecision

Unanimous for McCulloch – states can’t taxthe national governmentUnanimous for McCulloch – states can’t taxthe national government

Congress can create a national bank –“implied powers”Congress can create a national bank –“implied powers”

Significance - Federal law supersededstate law.Significance - Federal law supersededstate law.