Chapter 4: Federalism

1. Chapter 4: Federalism

2. What is Federalism? • Federalism is the way we divide power between the central national government, and the regional state governments

3. Why do we use a Federalist System? • Framers believed government was a threat to individual liberty • Government must therefore be restrained • Dividing the powers of government can limit it

4. Advantages of Federalism • Allows local action in matters of local concern • Allows people to be more connected to policymaking at the local level • Creates the chance to experiment with policies in a small area before applying them everywhere

5. Differences Between States • In Oregon and New Jersey, it is illegal to pump your own gas • In Nevada, it is illegal to ride a camel on state highways • In Texas, criminals are required to inform their victims of the crime to be committed 24 hours in advance, either verbally or in writing

6. Differences Between States • In Massachusetts, it is illegal to go to bed without taking a full bath • In Ohio, it is illegal to get fish drunk • In California, it is illegal for a car without a driver to exceed 60 miles per hour

7. Divisions of Power • There are three kinds of power for the national government • Expressed (Enumerated, or Delegated) – written directly in the Constitution • Implied – reasonably assumed from the expressed powers • Inherent – never mentioned in the Constitution, but always used by national governments

8. Divisions of Power • Reserved Powers – the powers that are not given to the national government, and are thus reserved for the states

9. Expressed Powers (National) Print money Regulate interstate (between states) and international trade Make treaties and conduct foreign policy Declare war Provide an army and navy Establish post offices Make laws necessary and proper to carry out the these powers Reserved Powers (State) Issue licenses Regulate intrastate (within the state) businesses Conduct elections Establish local governments Ratify amendments to the Constitution Take measures for public health and safety May exert powers the Constitution does not delegate to the national government or prohibit the states from using Powers of Government

10. Powers of Government • Concurrent Powers (exercised by both national and state government) • Collect taxes • Build roads • Borrow money • Establish courts • Make and enforce laws • Charter banks and corporations • Spend money for the general welfare • Eminent Domain - Take private property for public purposes, with just compensation

11. The Nation’s Obligations to the States • The national government is Constitutionally required to guarantee the following things for the states: • Republican form of government – basically means a representative government

12. The Nation’s Obligations to the States • Protection from Invasion and Internal Disorder – federal government will use force when the state can’t handle a problem • Respect for Territorial Integrity – it must legally acknowledge the existence and boundaries of the states

13. How to Admit New States • Congress has the power to admit new states into the U.S. • Therefore, Congress gets to set rules for what states must do to get admitted • For example:

14. Utah • Congress required Utah to ban polygamy (having more than one spouse) before being admitted

15. Arizona • In Arizona , we had a rule that allowed people to remove judges by voting – judicial recall • The national government required that Arizona repeal the law before becoming a state • But, we’re tricky here in AZ…

16. Arizona • Arizona repealed the law as the U.S. requested, and became a state • Our first official act of statehood – • A constitutional amendment to add judicial recall

17. Cooperative Federalism • Sometimes, the state and national governments fight over power • There are also ways that they help each other

18. Federal Grants • Grant – money from the federal government given to the states • This money helps the states run programs like education and welfare without going broke • The federal government sets conditions for receiving the grant, which gives it more influence over the state

19. Types of Grants • Categorical Grant – money for a specific, defined purpose • Block Grant – money for a broad purpose, few strings attached • Project Grant – money for programs like research or job training, could be given to universities or private businesses

20. Other Help for the States • FBI helps state and local police • Army helps National Guard • Census Bureau’s data is free research for the states • And more!

21. State help for the National Government • All elections are paid for and run by the states • Local police often catch the criminals the FBI is searching for • Naturalization takes place in state courts • And more!

22. Interstate Relations

23. Full Faith and Credit • The “Full Faith and Credit” Clause is found in Article IV • It says that states must legally recognize each others’ public acts, records, and judicial proceedings

24. Exceptions to Full Faith and Credit • Full Faith and Credit only applies to Civil cases, not criminal cases! • States cannot punish someone on behalf of another state • States do not have to recognize each others’ divorces if the people were not true residents of the state granting the divorce

25. Other Requirement • Extradition – a fugitive from justice who flees a state must be returned to the state where he committed the crime • This prevents criminals from being able to escape consequences of their actions

26. Dramatization Yo, Texas dude!

27. Dramatization Some guy killed Sean Penn, and he crossed into your border.

28. Dramatization Can you send him back over, bro?

29. Dramatization No. You’re a jerkface, Cal.

30. Dramatization And I hate Sean Penn.

31. Dramatization No, Texas! You must extradite him!

32. Dramatization Dang, ya’ll.

33. Privileges and Immunities Clause • States cannot draw distinctions between their residents and citizens from other states

34. Words of Wisdom with California Governor Arnold Schwarzenegger