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The Federal System
GPS Standards

SSCG5 The student will demonstrate knowledge
of the federal system of government described in
the United States Constitution.
 Explain the relationship of state governments to
national government.
 Define the difference between enumerated and implied
powers.
 Describe the extent to which power is shared.
 Identify powers denied to state and national
governments.
 Analyze the ongoing debate that focuses on the balance
of power between state and national governments.
 Analyze the supremacy clause found in Article VI and
the role of the U.S. Constitution as the “supreme law of
the land.”
Federal System at Work
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Early in American history, South Carolina
refused to comply with the tariff of 1828.
It “nullified,” or rejected, this law, which
hurt agricultural exports. However,
President Andrew Jackson declared that a
federal law is supreme. South Carolina
was forced to accept a new, lower tariff
law passed by Congress soon afterward.
Why do you think this was the case?
Supreme Law
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The Supremacy Clause (Article VI) states
that no state law or constitution can
conflict with any national law.
The Constitution is the supreme law of the
land.
The Division of Powers
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The federal system divides government
powers between national and state
governments.
Federalism gives certain powers to the
national government and reserves all
other powers to the states and to the
people.
Discussion Question
 States’ rights supporters argue that the
national government has too much control
over state and local governments. Do you
agree? Explain.
National Powers
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1.
2.
3.
Three types of powers of the federal government…
Enumerated Powers are specifically given to the
national government. They allow it to levy taxes, to
coin money, to make war, to raise an army and navy,
and to regulate interstate commerce. They are also
called Delegated Powers or Expressed Powers.
The implied powers, in the elastic clause (“necessary
and proper” clause) of the Constitution, are powers
the national government requires to carry out the
enumerated powers. These are powers that the
government takes but are not directly granted.
Inherent powers of the national government are
powers it exercises simply because it is a government.
The States and the Nation
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Reserved powers belong strictly to
the states. Powers that are not
listed in the Constitution and not
denied to the states. 10th
amendment.
National and state governments exercise
concurrent powers… powers that both
have at the same time. (Shared Powers.)
States and the Nation (cont.)
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The Constitution also lists powers denied to the
national and state governments.
Article I, Section 9 lists powers denied to the
federal government: Cannot tax exports,
interfere with states’ responsibilities.
Article I, Section 10 lists powers denied to the
states. Ex. Cannot make treaties with other
countries, and cannot grant titles of nobility.
Guarantees to the States
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A republican form of government.
Protection from invasion and domestic
violence. (States must ask for help.)
Territorial integrity: No state can be
divided to make a new state w/o it’s
permission.
Discussion Question

Under what circumstances can a president
send troops into a state without the
Governor’s permission? Read p. 98-99
under “Protection”
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When national laws are violated, federal
property is threatened, or federal
responsibilities are interfered with.
Ex. Federal troops being sent in to help
integrate schools.
Admission of New States
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Congress has the power to admit new
states to the Union. Each state admitted is
equal to every other state.
Enabling Act – enable people of the
territory interested in becoming a state to
prepare a constitution.
Obligations of the States

The two important functions state
governments perform for the national
government are…
1.
2.
Conduct and pay for elections of all national
government officials.
Ratify or reject an amendment.
The Courts as Umpire
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The Supreme Court and the federal courts
settle disputes between the states and the
national government.
McCulloch v. Maryland – the Supreme Court
ruled that in a conflict between a state
government and national government law…the
national government is supreme.
The Court has also limited the government’s
control over states. Ex. United States v. Lopez
(1995) said Congress exceeded authority by
passing a national law banning gun possession
in or near schools.
Interstate Relations
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The Constitution requires each state to
recognize the laws and legal proceedings of all
other states in civil, not criminal, matters. This
is “full faith and credit.” If you are married in
Oregon, Georgia must recognize it.
Each state must treat citizens of other states
equally with its own citizens. This means
states must grant the same “privileges and
immunities” to citizens of other states as they
give to their own. Ex. Being able to own
property and get married.
There are limits to the “privileges and
immunities” clause, however. Nonresidents
may not enjoy all the rights of state citizens.
Ex. Voting or serving on a jury.
Interstate Relations (cont.)
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Criminals fleeing to other states may be
returned to their home state by extradition.
States use interstate compacts, or agreements
among themselves, to settle border or
jurisdiction conflicts and to deal with common
problems, EX: toxic waste disposal, but these
compacts must be approved by Congress.
Lawsuits brought by a state against another
state are tried in the Supreme Court.
States’ Rights Position
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Favors state and local action in dealing with
problems
Believe that the Constitution created a compact
among states
National government has limited powers
Believe that state governments better reflect the
needs of the people
Believe that national government poses a threat
to individual liberties
Believe in reserved powers of the 10th
Amendment
Nationalist Position
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Do not believe that the national
government is an agent of the states
Believe that people created the national
government
Powers should be expanded to carry out
the people’s will
Believe that national government stands
for all the people
National government should lead in
solving major social issues
Growing National Government
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1.
2.
3.
Three major constitutional provisions have expanded
national power
The power to wage war – economy and education
effect military capabilities, federal control over these
has expanded during war time.
The power to regulate trade (commerce). Ex. Civil
Rights Act of 1964 prohibited racial discrimination in
public accommodations like hotels and restaurants
because it would make it more difficult to travel
between states.
The power to tax. 16th Amendment created power to
create a federal income tax. Can use tax policy to
regulate business and influence states to adopt certain
programs.
Federal Aid to the States
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•
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Ways that Congress influences the policies of the
states.
Federal Grants
- Redistributes income among the states
- Grants help improve programs in poorer states
Preemption Laws
- Uses restraints, which prohibit state or local
governments from exercising certain powers.
Mandates
- which is a federal order requiring states to provide a
service that meets a national minimum standard.
Federalism and Public Policy
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Policy: a stated course of action
Public Policy: a government action in
response to an issue
Federalism and Public Policy (cont.)
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Individual states try out ideas – these
ideas often become national policy.
Examples:
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Georgia: lowered the voting age to 18
Colorado: Sunset laws – requires periodic
checks of government agencies to see if they
are still needed.
Florida: Sunshine laws – prohibits public
officials from holding closed meetings.
Federalism at the national level
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Policy may also originate at the national
level:
EX: Civil Rights Acts
Civil Rights activists attracted enough
attention at the national level that they
were able to force changes.
Federalism and Political Parties
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Federalism prevents one party from
controlling the government. If a party is
not winning at the national level they still
have opportunities in the individual states.
Differences Among the States
Political and economic differences among
states give U.S. citizens wider
opportunities for choosing the conditions
under which they will live.
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Examples:
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Some states do more to regulate business
and industry
Some states provide more health care and
welfare services
Some states have higher or lower taxes
The Direction of Federalism
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In recent decades, Democrats have
generally favored a nationalist position
while Republicans have favored a states’
rights view.
Because there is a balance in Congress
between Democrats and Republicans –
policies have shared both views.