1. Federalism
Chapter 4

2. FEDERALISM:
POWER DIVIDED
Section 1

3. Introduction
 How is power divided between the Federal
Government and the States?
– Certain exclusive powers, such as the power to
coin money, are exercised only by the federal
government.
– Reserved powers, such as the power to establish
public schools, are exercised only by the States.
– Concurrent powers, such as the power to tax, are
shared by the States and the federal government.

4. Federalism
 The Framers believed that government power must
be divided and limited so that it cannot threaten
individual liberty.
 The Constitution divides power between the federal
government and the States through federalism.
– Federalism creates two basic levels of government
that overlap.
– Each level has some powers denied to the other
level.

5. Federalism
 Federalism allows local governments to handle
local concerns while the national government deals
with national issues.
– This gives each of the States some flexibility when
dealing with challenges.
– Successful State programs, such as welfare
reform, can influence national policies as well as
policies in other States.
 Federalism also lets the nation respond in a united
way to serious crises like war or natural disasters.

6. Expressed Powers
 The congressional powers
specified in the
Constitution in Article I
include the power to coin
money, raise armed
forces, and levy taxes.
 Other expressed powers
are granted to the
President in Article II and
the Supreme Court in
Article III.

7. Implied Powers
 The Necessary and Proper Clause gives
Congress the power to make all laws
―necessary and proper‖ for carrying out its
expressed powers, so it is said to stretch to
cover many situations.
 Congress exercises many implied powers
that are based upon its expressed powers.
These implied powers include building the
interstate highway system and banning
racial discrimination in public places.

8. Inherent Powers
 Every national government has certain
powers, called inherent powers. These
inherent powers are not based on the
Constitution.
 Inherent powers
include acquiring
territory,
defending
the nation,
regulating
immigration, and conducting diplomacy.

9. Denied Powers
 The Constitution denies certain powers to the federal
government.
– Some powers are specifically denied, such as the
power to prohibit freedom of
religion, speech, press, or assembly.
– Other powers, like creating a national school
system, are denied because they cannot be based
on expressed powers.
– Finally, the national government cannot have
powers that would undermine the existence of the
federal system.

10. State Reserved Powers
 The 10th Amendment reserves to the States all
powers not given to the federal government or
denied to the States.
– These powers include the police power, which lets
a State protect and promote public
health, morals, safety, and general welfare.
– State and local governments use the huge scope of
the reserved powers to perform many of their daily
actions.

11. State Reserved Powers
 Issuing driver’s
licenses is a power
reserved to the States.
– Most States require a
written, on-road, and
vision test.
– The age at which
teenagers can get a
license and the rules
new drivers must
follow vary from State
to State.

12. Powers Denied to the States
 The Constitution specifically denies some powers to the
States.
– Some of these powers are also denied to the federal
government.
– Other powers denied to the States are exclusive to
the federal government. For example, States
cannot tax imports or coin money, but the federal government
can.
 The States are denied some powers by the nature of
the federal system.
– No State can tax the federal government or regulate interstate
trade.

13. Concurrent Powers
 Concurrent powers are shared by the
federal government and State governments.
They allow the federal system to function.
 They include all powers not exclusive to the
national government or denied to the
States.
– Local governments use these powers only with
the permission of their State.

14. Sharing Responsibility
 Some powers are exercised by both levels of
government, as you can see in the circle.
– Why do both levels of government
have the power to establish law
enforcement agencies?

15. Supreme Law
 The Constitution is the supreme law of the
land, standing above all treaties and acts of
Congress.
– Below these federal laws come State laws.
 In a federal system, State and federal laws
sometimes conflict.
 The Supreme Court settles conflicts between
State and federal laws.
– The Court can rule a State or federal law to be
unconstitutional.

16. Supreme Law
• In the 1819 case McCulloch v. Maryland, the Court
ruled that when federal and State laws
conflict, the federal law wins if it is constitutional.
 How does the
disastrous result
in this cartoon
illustrate the
Supremacy
Clause?

17. THE NATIONAL GOVERNMENT
& THE 50 STATES
Section 2

18. Introduction
 According to the Constitution, what
must the National Government
guarantee to each State?
– A republican form of government
– Protection from invasion and internal
disorder
– Respect for territorial integrity

19. Guarantees & Protections
 The Constitution guarantees each State a
republican form of government.
– This guarantee is interpreted to mean that each
State must have a representative government.
 The Federal government must protect the
States from invasions and domestic violence.
– Federal force has rarely been used to restore order
inside a State, though it happened in the 1960s
during the civil rights movement.

20. Other Protections
 Presidents normally send in troops by State
request, but if national laws, functions, or
property are endangered, they do not need to
wait for a request.
 The national government must recognize the
legal existence and physical borders of each
State.
– Each State must be represented in the U.S.
Congress.

21. Admitting New States
 The Northwest Ordinance of 1787 set
the rules for admitting new States.
– It established the principle that U.S. territories
could become equal members of the nation once
they had a high enough population.
 Only Congress can admit new States.
– A new State cannot be made from the territory
of any existing States without their consent.

22. Admitting New States
 Congress has admitted
37 States since the
nation was founded.
– Most States spent at
least 15 years as part of
territories before
admission.
– In 1959, Hawaii and
Alaska became the last
two States added to the
Union.

23. Territorial Expansion of the U.S.

24. Admission Procedure
 An area desiring Statehood first asks
Congress for admission. If Congress
agrees, it passes an enabling act.
 The territory must then hold a convention to
write a proposed constitution. This
constitution must then be approved first by
territorial voters and later by Congress.

25. Admission Procedure
 If Congress approves the State constitution, it passes
an act of admission, which the President must then
sign to admit the new State.
 Congress may require a State to meet certain
conditions before being admitted.
– For example, Utah was not admitted until it outlawed
polygamy.
 These conditions cannot interfere with a State’s
independent right to manage its own internal affairs.

26. Louisiana Becomes a State
 The Louisiana Territory was
bought by President Thomas
Jefferson from France in
1803. This purchase nearly
doubled the size of the United
States.
 By 1810, 77,000 people lived
in the area of what is now the
State of Louisiana and they
wished to acquire Statehood.
 In 1812, Louisiana became
the 18th State.

27. Federal Grants
 Congress began granting federal lands and
money to the States early in the nation’s
history.
– Land grants were often used to establish
schools, colleges, and roads, while cash grants
were less common until the 1930s.
 Today there are more than 500 grant
programs offering about $300 billion.
– States often depend on this money to fund
services, which increases the influence of the
federal government in many policy areas.

28. Types of Federal Grants
 Congress sets aside money for three types of
grants-in-aid:
– Categorical grants must be used only for a
specific purpose. They require States to contribute
their own funds, have an agency monitoring the
grant, and obey federal guidelines for using the
grant money.
– Block grants have broader goals and fewer strings
attached.
– Project grants fund various State and local
projects.

29. Types of Federal Grants

30. Other Types of Aid
 Federal organizations help many State
institutions do their jobs.
– The FBI assists State and local police.
– The U.S. military trains and equips State National
Guard Units.
– The federal government also pays local
governments the equivalent of property taxes on
federal land.
 State governments assist the national
government in many ways.
– State and local governments pay for and organize
the election process.

31. INTERSTATE RELATIONS
Section 3

32. Introduction
 How do the States work together to
preserve the Union?
– State governments make interstate compacts.
– States offer full faith and credit to the
laws, official records, and court rulings of other
States.
– States extradite fugitives to other States.
– States respect the privileges and immunities of
residents of other States.

33. Interstate Compacts
 States can enter agreements with other
States and with foreign governments with
the consent of Congress.
– The number of these agreements has increased
over time.
– There are interstate agreements to share law
enforcement data, counter global climate
change, encourage cooperation between public
universities, and coordinate the conservation of
water and wildlife.

34. Interstate Compacts
 States also
cooperate to
manage shared
resources and
border areas.
– The States of
Utah, Arizona, Colora
do, and New Mexico
meet at the ―Four
Corners.‖

35. Full Faith and Credit
 The Full Faith and
Credit Clause of the
Constitution requires
each State to honor and
enforce the laws, official
documents, and court
rulings of other States.
– Documents issued in one
State—such as birth
certificates—must be
accepted in all States.

36. Exceptions
 There are two key exceptions to the Full
Faith and Credit Clause:
– It applies only to the civil laws of each
State, not the criminal laws.
– If a person who does not live in a State is
granted a divorce by that State, the State in
which that person actually resides can refuse
to recognize the divorce.

37. Marriage and Divorce
 Only the State in which a couple has
established residency can grant them a
divorce.
 Same-sex marriages are outlawed by the
federal government and 41 States.
– However, several States allow legal same-sex
marriages or civil unions.
– The Defense of Marriage Act (DOMA) says that no
State can be forced to recognize a same-sex
marriage performed in another State.

38. Marriage and Divorce
• The constitutionality of DOMA has not yet
been decided.
 Interracial marriage
was illegal in many
States until the
Supreme Court
ruled in 1958 that
such laws were
unconstitutional.

39. Extradition
 The Constitution states that people
charged with a crime in one State who flee
to another State must be extradited—
returned to the State where they were
originally charged.
– Typically a State governor asks another State
governor to return any captured fugitives.
Such requests are usually upheld.
– If extradition is challenged, the federal
government can order a governor to extradite
a fugitive.

40. Privileges and Immunities
 No State can make unreasonable
distinctions between its residents and
residents of another State.
– Each State must recognize the right of
any American to travel in or become a
resident of that State.
– Citizens can also
marry, buy, own, rent, or sell
property, and use the courts in any
State, no matter where they live.

41. Privileges and Immunities
 States can make reasonable distinctions
between their residents and those of other
States.
– People can be required to live in a State for
certain period of time before they can vote, hold
public office, or be licensed in certain
professions.
– States can also charge higher fees to out-of-
State hunters, fishers, or students attending a
State’s public universities.

42. Privileges and Immunities
 This could lead to unfair social or
economic treatment of U.S.
citizens, such as preferential hiring of
in-State residents or lower welfare
benefits for newly arrived residents.
 It could also cause conflict between
States.