Chapter 4: Federalism“The powers not delegated to the United

States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”What does this mean?Where is this from?

This Amendment helps define federalism – a system of gov’t where powers are divided between a national gov’t and local gov’ts.National gov’t can do certain things, and the

State gov’ts can do certain things.

Why Federalism?Benefits?

Strong enough central gov’tAllows for States to have powerLimits powerAllows for State traditions

Drawbacks?Slow, Confusing, Too much power?

Framers didn’t want too strong of a gov’t, but knew that the A.o.C. were too weak.

Short video on Federalism

National Union

Local Traditions

Powers of the National Gov’tNational Gov’t is a gov’t of delegated

(granted) powers3 types of delegated powers

ExpressedImplied

Necessary and Proper Clause (aka The Elastic Clause)Inherent Examples of each?

Powers Denied to Nat’l Gov’tSome powers are expressly denied by the

ConstitutionProhibit freedom of religion/speech/etc.Conduct illegal search and seizuresTax exports Why?

Others denied because the Const. is silent about themEducation, Marriage, etc.

State Powers Under Federalism, States are just as importantReserved Powers – 10th AmendmentVery broad powers – most powers are local

powersExamples:

Alcohol, education, licenses, gambling, etc.

Powers Denied to StatesTreaty, alliance, confederationMoneyOthers denied by State constitutions

National v. State v. ConcurrentExclusive powers = National gov’t alone

Money, Tax imports, Treaties, Interstate commerce, War

Reserved powers = State gov’ts aloneSchools, Licenses, Elections, Local gov’t

Concurrent powers = both National and State Taxes, Crime and Punishment, eminent domain

Supreme Law of the LandThe Constitution has a Supremacy Clause:

The Constitution and federal laws are above all other forms of law in the U.S.

Validated through McCulloch v. Maryland, 1819State of Maryland taxed all money from Baltimore

branch of the U.S. Bank.McCulloch, a bank teller, refused to pay the tax.McCulloch lost in state court.Supreme Court found in McCulloch’s favor.

Established two ideas: Implied Powers are Constitutional Federal laws supersede local laws

Federalism across the world

Video summarizing Federalism and Implied Powers

4.2: The Relationship between National Gov’t and the StatesThe national gov’t helps the states in many ways:

Invasion and Natural Disaster: An attack on any one state is an attack on the entire nation Nat’l gov’t will help if a state cannot keep peace – Civil Rights Natural disasters - FEMA

Funding About 25% of all state spending is federally funded – nearly

$300 Billion 2 Types of grants:

Categorical grants – very specific purpose; many strings attached

Block grants – much broader topics; fewer strings attached

Recovery Money- 2/09– 9/11

www.recovery.gov

Recovery Money in UD Area

Other forms of AidFederal gov’t helps States in other ways:

FBI may help local policeArmy and air force can train State’s National

Guard units Census data helps States

States help Federal gov’t, as well:Elections are run by local gov’tsNaturalizationPolice can help FBI and other federal agencies

Admitting New StatesAsk Congress for admission once

population reaches 60,000.If Congress agrees, it passes an

enabling act- requiring new state to draft a constitution.

The new constitution is voted on in the “state”, then submitted to Congress.

An Act of Admission is then passed, which the President has to sign.

Conditions for AdmissionCongress can set conditions that the state must follow in order to be admitted; however, they cannot interfere with the state’s own internal affairs.

Hawaii- August 21, 19592,390 miles from CA4,900 miles from ChinaImportant Dates: - Overthrow- 1893 - Republic- 1898 - Territory- 1900 - State- 1959Annexation: to attach, append, or add, especially to something larger or more important.

4.3 Interstate RelationsFederal gov’t regulates how States interact

with each otherInterstate Compacts

Congressional approvalOften in areas of transportation, natural

resources, pollution, etc.NY Port Authority & Delaware River PAAll 50 states share information on Parolees and

on Juveniles

Interstate Relations (cont.)Full Faith and Credit Clause

Laws, documents and court decisions from one state are respected in other states Examples: Law suits, driver’s licenses, marriages

Exceptions: Certain divorces (“Interstate ‘Quickie’ Divorces”) Same-Sex Marriage

Same Sex Marriage by State (as of 6/11)

http://www.worldlawdirect.com/forum/law-wiki/53147-same-sex-marriage-usa-states-summary-map.html

Interstate Relations (cont.)Extradition

Returning a fugitive to the State from where he/she escaped

Privileges and ImmunitiesCannot discriminate against residents of

another state Jobs, residency, etc Exceptions: Residency to run for office; college

tuition