Download chapter 4 - Algonac Community Schools

Federalism: The Division of Power
4.1
Why Federalism? :
 Federalism was a way to have a more powerful central
government, yet also a way to maintain the strength of the
states.
 By dividing power, it would prevent abuse of governmental
power.
Federalism Defined:
 Federalism- A system of government in which power is
divided between the central (national) government, and state
governments.
 Divisions of Power-The Constitution assigns certain powers
to the National Government and assigns certain powers to
the State Government.
Powers of the National Government:
 The National Government is a government of delegated
powers.
 -Delegated powers- Are those powers that are granted to
the National Government by the Constitution.
 3 distinct types of delegated powers:
1. expressed
2. implied
3. inherent
3 Types of Delegated Powers:
 1. Expressed Powers (enumerated)- Those power spelled out
in the constitution.
ex: levy and collect taxes, coin money,
declare war.
 2. Implied Powers- Powers not spelled out in the
constitution, but are implied by the expressed powers.
-Art I, section 8: Necessary and proper clause gives congress
the power to make laws needed carrying government
functions.
-(ex:) Building a interstate highway
 3. Inherent Powers-These powers belong to National
Government because historically the National Government
has possessed them.
- ex: regulation of immigration, acquire territory
Powers Denied to the National Government:
3 ways:
 Expressly- powers denied because it is written in the
constitution.
 Silence of the Constitution-This occurs when the
constitution says nothing about giving the powers to the
National Government. (Marriage Laws, Divorce Laws)
 Federal System Itself- National Government can’t take
action that would go against the Federal System. (Congress
can’t tax states or local units in the carrying out of their
governmental functions.)
The States:
 Reserved Powers - Powers the Constitution does not grant
to the National Government, and does not deny to the states.
-Public Schools
-Age 21 to buy liquor
-Drivers license age.
 Reserved power also gives states the right to protect citizens
and promote general welfare.
Powers Denied to the States:
 Just as the constitution denies powers to the National
Government, it also denies certain powers to the states.
 Some powers are denied inherently- Federal system does not
allow state or local government to tax agencies or functions
of the National Government.
 Expressly- States have their own constitution that specifically
spells out things that the state government can’t do.
Exclusive Powers:
 Exclusive Powers-Those powers that can only be exercised
by the national government.
National Government
-coin Money
-declare War
-raise and maintain military
-regulate interstate and foreign trade.
Reserved Powers:
Reserved Powers-Those powers that can only be exercised by
the state government alone
State Government
-regulate trade and business within the state
-public schools
-license requirements for professionals
ex: teacher certification
-regulate alcoholic beverages
Concurrent Powers:
 Concurrent Powers-Those powers that both the National
and State Government can do.
-Levy and collect taxes.
-Borrow money
-Establish courts
-Define crimes and set punishments
-Claim private property for public use.
Bell Work:
Explain the difference between
expressed and implied powers.
The National Government and the 50
States:
4.2
The Nation’s Obligations to the States:
1. Republican form of Government
2. Protection against invasion or domestic violence.
3. Respect for territorial integrity.
Republican Form of Government:
 The Constitution requires the National Government to
“guarantee to every State in this union a republican form of
government.”
 Constitution doesn’t define what a republican form of
government is.
 The term is generally understood to mean a “representative
government”.
 Only extensive use ever made of the republican form of
government came in the years immediately following the
Civil War.
-Congress refused to admit senators and representatives from
Southern States until those States had ratified the 13th, 14th,
and 15th amendments.
- These amendments recognized and broadened voting rights
to African Americans.
Invasion and Internal Disorder:
Invasion:
 The Constitution states that the National Government must
also protect each of the States against invasion and domestic
violence. (State’s gave up war making powers when they
ratified the Constitution.)
 Today, it is clear that an invasion of any State or territory
would be an attack on the United States itself.
- Pearl Harbor (U.S. territory)
- New York City (9/11)
Internal Disorder:
 The federal system assumes that each of the 50 States will
keep peace within its own borders.
- riots
- natural disasters
 However, the Constitution accepts that a State might not be
able to control some situation.
 Therefore, it guarantees protection and the use of federal
force to restore order.
 This has been rare, but used on several occasions in the
1960’s, and in L.A. during the 1991 riots.
Respect of Territorial Integrity:
 The National Government is constitutionally bound to
respect the territorial integrity of each of the States.
 This means that the National Government must recognize the
legal existence and the physical boundaries of each State.
- Congress must include, in both of its houses, members
chosen in each of the States.
-Article V: No State can be deprived of its equal
representation in the U.S.
Admitting New States:
 Only Congress has the power to admit new States to the
union.
 No new State can be created by taking land away from
another state without permission. (respect of physical
boundaries)
Admission Procedure:
1. Area desiring statehood ask congress for admission.
2. Congress passes an enabling act, directing the people of
the area to frame a proposed state constitution.
3. Convention prepares the constitution, which is then put to a
vote in the proposed state. (Philadelphia Convention)
4. If voters approve, it is submitted to Congress for
consideration.
5. If congress approves, it passes an act of admission.
6. President signs the act, and the State enters the Union.
Bell Work:
 What are the 3 obligations the nation has to
the states?
 What does an enabling act do ?
Federal Grants:
 Grants-in-aid programs: grants of federal money or
other resources to the States and/or their cities and counties.
- these grants make it possible for the federal government to
operate in areas where they have no constitutional authority.
ex: education
 3 types of grants:
1. Categorical grants
2. Block grants
3. Project grants
 Categorical Grants: are made for a specific, closely
defined purpose.
ex: school lunches, water treatment plants
-Conditions are usually attached.
 Block Grants: made for broadly defined purposes.
ex: welfare
- State decides how the money is to be
spent.
Project Grants: made to States, cities, and private agencies that
apply for them.
ex: cancer research
Interstate Relations:
4.3
Interstate Relations:
 Remember, no State can enter into any treaty, alliance, or
confederation.
 However, they may, with the consent of congress, enter into
interstate compacts.
 Interstate Compacts: are agreements among states and
with foreign nations.
ex: Michigan accepting trash from Canada.
- over 200 compacts are now in force.
Full Faith and Credit:
 Constitution states that “full faith and credit shall be given in
each State to the public acts, records, and judicial proceeding of every
other State.”
 Mostly comes into play in court matters.
(ex:) Person sued for $50,000 in Michigan can’t escape paying
because they move to Florida.
-Florida court will uphold the Michigan courts
ruling
 Exceptions, some divorces
Extradition:
 Extradition: A person who commits a crime in one state
and then flees to another, will be returned to stand trial in
the original state in which the crime was committed.
-ex: Justin Mello Case
Privileges and Immunities:
 Privileges and Immunities: Means that no State can draw
unreasonable distinctions between its own residents and
those who happen to live in other States.
- must recognize the right of any American to travel in or
become a resident of that State.