The Federal SystemThe Federal System

Chapter 4Chapter 4

The Federal SystemThe Federal System

I.I. Federalism Federalism

• A. PA. Power is divided between a central government ower is divided between a central government and constituent governments. and constituent governments.

1.1. both exercise direct authorityboth exercise direct authority

2.2. Two types: Two types:

• Fed to stateFed to state

• State to countyState to county

  

• B. National Powers:B. National Powers: 1. Delegated powers: granted in constitution.1. Delegated powers: granted in constitution.

• a.a. Expressed powersExpressed powers

• b. Implied powers: Elastic Clause – tied to meeting expressed. b. Implied powers: Elastic Clause – tied to meeting expressed.

• c. Inherent Powersc. Inherent Powers 2. Exclusive powers: only feds2. Exclusive powers: only feds 3. Supremacy Clause3. Supremacy Clause 4. Denied Powers: Specific prohibitions4. Denied Powers: Specific prohibitions 5. Concurrent Powers: both national and state governments share (tax, 5. Concurrent Powers: both national and state governments share (tax,

courts, laws).courts, laws).

EXPRESSED POWERSEXPRESSED POWERS borrow moneyborrow money regulate commerce with foreign nations, and among the several states, regulate commerce with foreign nations, and among the several states,

and with the Indian tribesand with the Indian tribes establish a uniform rule of naturalizationestablish a uniform rule of naturalization uniform laws on the subject of bankruptcies uniform laws on the subject of bankruptcies coin money, regulate the value thereof, and of foreign coin, and fix the coin money, regulate the value thereof, and of foreign coin, and fix the

standard of weights and measuresstandard of weights and measures provide for the punishment of counterfeitingprovide for the punishment of counterfeiting establish post offices and post roadsestablish post offices and post roads promote the progress of science and useful arts, securing authors and promote the progress of science and useful arts, securing authors and

inventors the exclusive right to their respective writings and discoveriesinventors the exclusive right to their respective writings and discoveries constitute tribunals inferior to the Supreme Courtconstitute tribunals inferior to the Supreme Court define and punish piracies and felonies committed on the high seas, and define and punish piracies and felonies committed on the high seas, and

offenses against the law of nationsoffenses against the law of nations declare war, grant letters of marque and reprisal, and make rules declare war, grant letters of marque and reprisal, and make rules

concerning captures on land and waterconcerning captures on land and water raise and support armies, but no appropriation of money to that use shall raise and support armies, but no appropriation of money to that use shall

be for a longer term than two yearsbe for a longer term than two years provide and maintain a navyprovide and maintain a navy make rules for the government and regulation of the land and naval forcesmake rules for the government and regulation of the land and naval forces provide for calling forth the militia to execute the laws of the union, provide for calling forth the militia to execute the laws of the union,

suppress insurrections and repel invasionssuppress insurrections and repel invasions provide for organizing, arming, and disciplining, the militia, and for provide for organizing, arming, and disciplining, the militia, and for

governing such part of them as may be employed in the service of the governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline officers, and the authority of training the militia according to the discipline prescribed by Congressprescribed by Congress

Rule D.C.Rule D.C. necessary and proper necessary and proper

• C. State Powers: Reserved PowersC. State Powers: Reserved Powers 1. 101. 10thth Amendment: Amendment:

• "The power not delegated to the United States by the Constitution not prohibited to it by the States, are reserved to the States "The power not delegated to the United States by the Constitution not prohibited to it by the States, are reserved to the States or to the people."or to the people."

2. Power to determine the qualifications for voting 2. Power to determine the qualifications for voting most importantmost important

3.3. Three categories of reserved powers: Three categories of reserved powers: • a.a. Public education Public education • b. Police powers b. Police powers • c.c. Right to regulate commerce within a Right to regulate commerce within a

state, intrastate commerce.state, intrastate commerce.

  

II.II. Relationships of FederalismRelationships of Federalism• A. Vertical Federalism: relationship national to stateA. Vertical Federalism: relationship national to state

1.1. National government provides for states National government provides for states SafetySafety LeadershipLeadership

2.2. StatesStates ParticipateParticipate Conduct electionsConduct elections

• B. Horizontal Federalism: state to state. B. Horizontal Federalism: state to state. 1."Full Faith and Credit"1."Full Faith and Credit"

• a.a. accept other states' public acts, accept other states' public acts, records, and judicial proceedings. (divorce)records, and judicial proceedings. (divorce)

2."Privileges and Immunities." same rights (property)2."Privileges and Immunities." same rights (property) 3. Extradition (optional) 3. Extradition (optional)

  

III.III. Changing Federalism Changing Federalism

• A. National Supremacy versus States' Rights A. National Supremacy versus States' Rights 1. Nation-centered view 1. Nation-centered view

• a.a. Federalists Federalists 2.2. State-centered view State-centered view

• a.a. Anti-FederalistsAnti-Federalists

• b.b. Nullification theory: States declare acts of Nullification theory: States declare acts of Congress unconstitutionalCongress unconstitutional

3. Ended by succession and Civil War3. Ended by succession and Civil War• B. Dual Federalism (1865-1933) B. Dual Federalism (1865-1933)

1.1. Distinct spheres of national and state authorityDistinct spheres of national and state authority

  

• C. Cooperative Federalism (1933-1968) C. Cooperative Federalism (1933-1968) 1.1. National expansion National expansion

• a.a. Liberal application of interstate commerce Liberal application of interstate commerce clauseclause

2.2. Grants-in-aid Grants-in-aid

• a.a. Explosion in national funds to states and Explosion in national funds to states and cities cities

1.1. First New Deal First New Deal 2.2. Second New Deal Second New Deal 3.3. Great Society Great Society

• D. New Federalism (1968-present) D. New Federalism (1968-present) 1.1. Generalized grantsGeneralized grants 2.2. Erosion of State PowersErosion of State Powers

IV.IV. Federalism's power struggle Federalism's power struggle

• A. National RegulationA. National Regulation 1.1. Direct ordersDirect orders

• a.a. States must comply States must comply 2.2. Preemption: takes power away from Preemption: takes power away from

local governments (cable regulation) local governments (cable regulation) 3.3. Partial preemption: minimum standards Partial preemption: minimum standards

(Clean Air Act) (Clean Air Act)

• B. Grants-in-aid: grants restricted unless B. Grants-in-aid: grants restricted unless conditions are met (speed limits)conditions are met (speed limits)

• A. Types of Grants A. Types of Grants 1.1. categorical: specific purposecategorical: specific purpose 2.2. block: broad areas; less block: broad areas; less

restrictiverestrictive