Chapter 4—The Federal System



Chapter 4—The Federal System

National & State Powers

Division of Powers

1. Federalism—Power divided between National & State Governments

National Powers

1. Delegated powers—Collectively, the powers that the Constitution granted to the National government. (3 Types)

a. Expressed powers---Directly stated in the Constitution (Enumerated powers)

1. Levy & collect taxes

2. To coin money

3. to make war

4. to raise an army & navy

5. to regulate commerce among the states

b. Implied powers—Powers the national government needs to carry out the powers that are expressly defined in the Constitution

1. Article 1 section 8—Elastic clause---Ex; Power to draft people into the armed forces is implied by the power to raise an army & a navy.

c. Inherent Powers—Powers that the national government may exercise simply because it is a government

1. Ex: National government must establish diplomatic relations with other nations

The States & the Nation

1. Reserved powers—Powers that belong to the states

a. Ex: Regulation of public school systems & regulation of Intrastate Trade

2. Supremacy Clause—National law is supreme over state law

a. State constitutions & laws cannot conflict national law

3. Concurrent Powers—Powers that both the National & State governments have

a. Ex: Power to tax, to maintain courts, & to define crimes, borrow money

4. Denied Powers—Powers denied to government

a. National Government---Cannot tax exports, cannot interfere with states to carry out their responsibilities,

b. State Government---Cannot coin money, make treaties with foreign countries, No titles of nobility

Guarantees to the States

The Constitution requires the national government to:

1. guarantee each state a republican form of government (Senators & Representatives)

2. protect states from invasion & domestic violence (Natural disasters included)

3. respect the territorial integrity of each state

a. cannot create a new state from an old state unless the state legislature gives permission

Admission of New States

1. Congress has the power to admit new states to the union

a. Enabling Act—allows the people of a territory interested in becoming a state to prepare a constitution.

b. Constitution submitted to Congress—If agreed Congress passes an act admitting the state

c. Congress or the president may impose certain conditions before admitting a state

1. Ex: requiring changes in the constitution submitted by the territory

d. Once admitted to the Union, each state is equal to every other state

National Governors’ Association

1. supports federalism by helping governors in state policy making & in influencing national policy.

Obligations of the States

1. Conduct & pay for elections of all government officials

2. Play a key role in the process for amending the Constitution

The Court as Umpire

1. McCulloch v. Maryland (1819)—National v. State Power--

a. When National Government & state Government come into conflict, the national government is supreme

b. Since the 1990s, the Court has generally favored states’ power

Relations Among the States

A. Interstate Relations

1. Article IV of the Constitution requires that each state:

give “full faith & credit” to the public acts, records, & judicial proceedings of every other state

provide all the “privileges & immunities” of its citizens to the citizens of every other state

1. Ex: right to pass through & live in state, use the courts, to make contract (buy & sell land), to marry

extradite—return to another state criminals & fugitives who fell across state lines to escape justice.

Settle its differences with other states without using force

1. Interstate Compacts—written agreements between 2 or more states.—Congress must approve & the Supreme Court enforces its terms

a. Ex: Air & water pollution, pest control, toll bridges, & transportation

sue other states before the Supreme Court if disputes cannot be resolved in any other way

1. ex: Arizona, California, & Colorado in disputes over water from Colorado River

Developing Federalism

A. States’ Rightists and Nationalists

1. States’ Rights Position—Constitution is a compact among the states

States created the national government & gave it limited powers—Any doubt about whether a power belongs to the national government or state government should be settled in the states’ favor

Chief Justice Roger Taney—Favored states’ right (1836-1864) & also the court supported states’ rights from 1918-1936.

2. Nationalist position

a. Argues that the people, not the states, created the national government and the states. Therefore, the national government is not subordinate to the states

b. 1819 (McCulloch v. Maryland) & Great Depression in the late 30s favored nationalist view of expanding the national government’s power.

B. Growing National Government

1. War Powers—National defense depends on the strength of the educational system & the condition of the economy

2. Commerce Power

Commerce means all activities concerned with production, buying, selling, & transporting of goods

Ex: Civil Rights act of 1964—outlaws racial discrimination in public places (hotels & restaurants)—Supreme Court upheld it because the justices reasoned that racial discrimination restricts people’s travel & thus the flow of commerce

3. Taxing Power—Major source of money for the national government.

2 ways National Government’s power increased due to Taxing power:

1. To regulate businesses

Ex: Congress has put high taxes on certain products that it is unprofitable for companies to make them

2. To influence states to adopt certain kinds of programs

Ex: Unemployment programs

C. Federal Aid to the States

1. Congress has 2 ways to influence policies of state & local governments:

a. Federal grants—aid to the states to be spent on a specific purpose

Ex: 1862—Congress gave land to the states for colleges

b. Preemption laws—the Federal government’s ability to take over a state government function

ex: National Labeling & Education Act—established national food labeling standards; States could no longer set their own requirements

***Preemption Laws limit the authority of state & local governments through:

1. Restraint—requirement that prohibits a local or state government from exercising a certain power

2. Mandate—an order requiring states to provide a service/activity in a way that meets standards set by Congress Ex: Americans with Disabilities Act

a. states are required to pay for the mandates, not the federal government

Federalism and Politics

A. Federalism & Public Policy

Public Policy—the Course of action a government takes in response to some issue or problem.

2 Ways Federalism affects public policy:

a. How and where new policies are made in the United States

--It allows states & localities to serve as proving grounds where new policies can be developed & tested.

--Ex; Georgia –1st to allow 18 year olds to vote

b. Limits on government policy making

1. sunset law—requires periodic checks of government agencies to see if they are still needed.

2. sunshine law—stops public officials from holding closed meetings not open to the public

B. Federalism and Political Parties

Federalism lessens the chance that one party will gain a monopoly of political power

By providing opportunities for parties to win local, state, & national elections, federa;lism has helped to keep the two-party system alive

C. Political Participation

Federalism increases opportunities for citizens to participate at the national, state, and local levels.

The road to national office begins at the local & state level

Federalism gives Americans many points of access to government and increases their opportunities for influencing public policy

a. citizens vote for state and local officials & on issues (mass transit, smoking bans, taxes)

b. citizens may join interest groups to influence policies on all levels

D. Federalism’s Bureaucrats

Bureaucracy—organization of administrators to carry out programs—(Experts in a specialized area of government)

E. Differences Among the States

Federalism allows each state considerable freedom in arranging its own internal affairs

a. Americans have more choices regarding the conditions they live under because states can create different economic & political environments

F. The Direction of Federalism

***The power balance between national and state governments is constantly evolvoing in response to new issues***

***Democrats support national power, while Republicans have favored states’ right***

Because of the relatively even distribution of party seats in recent Congresses, legislation has reflected both positions.--- Ex: Congress has allowed states to set their own highway speed limits, but has also established national food safety standards

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