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Federalism
Magruder Chapter Four
Federalism and the
Division of Power
Section One
Federalism and
Division of Power
Federalism Defined
 A system in which powers of government
are divided between a national government
and several regional or local governments.
 The Constitution established a federal
system in the 10th Amendment.
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Federalism and
Division of Power
Federalism Defined (con.)
 Federalism allows local actions in matters
of local concern and national action in
matters of wider concern.
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Federalism and
Division of Power
National Government is one of Delegated
Powers
 It has only those powers granted to it by the
Constitution of the United States.
 Three types of delegated powers exist:
 Expressed, Implied, and Inherent
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Federalism and
Division of Power
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The Expressed Powers are powers that are
clearly spelled out in the Constitution.
 Most are found in Article I Section 8
 Others are found in Article II, Article III,
and various amendments like the 16th
Amendment
Federalism and
Division of Power
The Implied Powers are powers reasonably
implied by the “Necessary and Proper
Clause.”
 Also known as the Elastic Clause
 Found in Article I, Section 8, Clause 18
 Words have come to mean “convenient and
expedient”
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Federalism and
Division of Power
The Inherent Powers are powers that belong
to all sovereign states.
 Power to regulate immigration, deport
aliens, acquire territory, diplomatic
recognition of other states, protect nation,
etc.
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Federalism and
Division of Power
Powers Denied to the National Government
 Some powers are expressly denied
 Article I, Section 9; Bill of Rights; cannot
tax exports, etc.
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Federalism and
Division of Power
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Some powers are denied by silence of the
Constitution and; therefore, belong to the
states.
 Public education, marriage and divorce
laws, set up units of local government
Federalism and
Division of Power
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Some powers are denied because of the
nature of the federalism system.
 Congress cannot tax any of the state or
local government units in the carrying out
of their governmental functions
Federalism and
Division of Power
States are governments of Reserved Powers
 The reserved powers are the powers held by
the states in the federal system.
 Reserved powers are those neither expressly
given to the National Government nor
denied to the States.
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Federalism and
Division of Power
Powers Denied to the States
 Some powers are denied expressly.
 Article I, Section 10; 13th, 14th, 15th, 19th,
and 26th Amendments
 Some powers are denied due to the nature
of the federal system.
 No State can tax a federal institution
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Federalism and
Division of Power
The Federal System and Local Governments
 Government in the United States operates
on two levels, National and State
 All local governments are subunits of the
State.
 The State governments are actually
unitary governments
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Federalism and
Division of Power
The Exclusive Powers
 These are powers granted only to the
National Government.
 The Exclusive Powers include most of the
delegated powers.
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Federalism and
Division of Power
The Concurrent Powers
 These are powers exercised by both the
National and State governments.
 Collect taxes, eminent domain, crimes
 Concurrent powers are exercised separately
and simultaneously.
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Federalism and
Division of Power
The Supreme Law of the Land
 The Constitution stands above all other
forms of law.
 The Supreme Court is the umpire in the
federal system, deciding conflicts produced
by the dual system of government.
 The Supremacy Clause binds the nation
together into a federal state
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The Supreme Court
The Supreme Court is the umpire of the
federal system.
 McCulloch v. Maryland (1819)
 Created the idea of National Supremacy
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The National Government
and the 50 States
Section Two
National Government and
the 50 States
The Nation’s obligations to the States.
 Guarantee of a Republican form of
government.
 Supreme Court will not define what that is
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National Government and
the 50 States
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Each State will have a representative
government.
 Used after the Civil War to declare that
several of the Southern States did not
have a republican form of government
and had to ratify the 13th, 14th, and 15th
Amendments and broadened their laws to
recognize voting and other rights of
African Americans
National Government and
the 50 States
The Nation’s obligations to the States (con.)
 Protection against invasion and domestic
violence
 Guarantees federal involvement if any State
is invaded by a foreign power, to quell
internal conflicts, and natural disasters.
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National Government and
the 50 States
Respect for Territorial Integrity
 The National Government is bound to
recognize the legal existence and physical
boundaries of each State.
 No State can be deprived of equal
representation in the Senate without its
consent.
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National Government and
the 50 States
Admitting New States
 Only Congress can admit new States
 A new State cannot be created by taking
territory from one or more existing States
without that State’s consent.
 Territory petitions Congress for Admission
 Congress passes an Enabling Act
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National Government and
the 50 States
Admitting New States (con.)
 The territory writes a constitution
 The approval of the constitution by the
voters of the territory
 Congress passes an Act of Admission
 When signed by President, State becomes
part of the United States.
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National Government and
the 50 States
Admitting New States (con.)
 Congress can set conditions for the
admission of new States.
 1896 – Utah – had to outlaw polygamy
 1959 – Alaska – Congress prohibited the
State from ever claiming title to land held
by a Native American
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National Government and
the 50 States
Cooperative Federalism
 Federal Grants-In-Aid
 Provides money or other resources to the
States to carry out their many functions
 Began with the Northwest Ordinance of
1787 – set aside land for public education in
the future States
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National Government and
the 50 States
Continued with the Morrill Act of 1862
 Land grant colleges
 1808 – gave States $200,000 to support
their militia.
 Set many new programs during the New
Deal
 More than 500 programs exist today
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National Government and
the 50 States
They permit the National Government to
operate in areas in which it would have no
constitutional authority
 Public education, mental health
 Categorical Grants – money to be used for a
specific purpose
 Conditional Grants – money granted if
certain conditions are met.
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National Government and
the 50 States
Block Grants – money for the States with
broadly defined purposes and few
conditions.
 Revenue Sharing – virtually no strings
attached – simply revenue shared with State
and Local governments.
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National Government and
the 50 States
Other Forms of Aid
 The Federal Government aids the States in
other ways.
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National Government and
the 50 States
State Aid to the Federal Government
 Violations of national law.
 Voting.
 Citizenship.
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Interstate Relations
Section Three
Interstate Relations
Interstate Compacts
 Interstate compacts are agreements among
States and nonpolitical agreements with
foreign nations.
 Some 200 compacts are now in force.
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Interstate Relations
Full Faith and Credit
 State’s must honor one another’s public
acts, or laws, records, and court actions.
 Exceptions – the Full Faith and Credit
Clause applies only to civil, not criminal,
matters and need not be applied to certain
divorces granted by one State to residents of
another State.
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Interstate Relations
Extradition
 Extradition is the legal process in which a
fugitive from justice in one State is returned
to that State from another.
 In the past, governors occasionally refused
to return fugitives to another State; since
1987, the Supreme Court has held that
governors must comply with federal order
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Interstate Relations
Privileges and Immunities
 A resident of one State may not be
discriminated against unreasonably by
another State.
 All citizens must obey the laws of all other
States while in those States.
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Interstate Relations
Privileges and Immunities (con.)
 States can make reasonable discriminations
against residents of other States.
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