The Federal System
Federal System at Work Early in American history, South Carolina refused to comply with the tariff of 1828. It nullified, or rejected, this law, which hurt agricultural exports. However, President Andrew Jackson declared that a federal law is supreme. South Carolina was forced to accept a new, lower tariff law passed by Congress soon afterward. Why do you think this was the case?
Supreme Law The Supremacy Clause (Article VI) states that no state law or constitution can conflict with any national law. The Constitution is the supreme law of the land.
The Division of Powers The federal system divides government powers between national and state governments. Federalism gives certain powers to the national government and reserves all other powers to the states and to the people.
National Powers Three types of powers of the federal government Enumerated Powers are specifically given to the national government. They allow it to levy taxes, to coin money, to make war, to raise an army and navy, and to regulate interstate commerce. They are also called Delegated Powers or Expressed Powers.
National Powers The implied powers, in the elastic clause ( necessary and proper clause) of the Constitution, are powers the national government requires to carry out the enumerated powers. These are powers that the government takes but are not directly granted.
National Powers Inherent powers of the national government are powers it exercises simply because it is a government.
The States and the Nation Reserved powers belong strictly to the states. Powers that are not listed in the Constitution and not denied to the states. 10 th amendment. National and state governments exercise concurrent powers powers that both have at the same time. (Shared Powers.)
States and the Nation (cont.) The Constitution also lists powers denied to the national and state governments. Article I, Section 9 lists powers denied to the federal government: Cannot tax exports, interfere with states responsibilities. Article I, Section 10 lists powers denied to the states. Ex. Cannot make treaties with other countries, and cannot grant titles of nobility.
Guarantees to the States A republican form of government. Protection from invasion and domestic violence. (States must ask for help.) Territorial integrity: No state can be divided to make a new state w/o it s permission.
Discussion Question Under what circumstances can a president send troops into a state without the Governor s permission? Read p. 98-99 under Protection When national laws are violated, federal property is threatened, or federal responsibilities are interfered with. Ex. Federal troops being sent in to help integrate schools.
Admission of New States Congress has the power to admit new states to the Union. Each state admitted is equal to every other state. Enabling Act enable people of the territory interested in becoming a state to prepare a constitution.
Obligations of the States The two important functions state governments perform for the national government are 1. Conduct and pay for elections of all national government officials. 2. Ratify or reject an amendment.
The Courts as Umpire The Supreme Court and the federal courts settle disputes between the states and the national government. McCulloch v. Maryland the Supreme Court ruled that in a conflict between a state government and national government law the national government is supreme. The Court has also limited the government s control over states. Ex. United States v. Lopez (1995) said Congress exceeded authority by passing a national law banning gun possession in or near schools.
Interstate Relations The Constitution requires each state to recognize the laws and legal proceedings of all other states in civil, not criminal, matters. This is full faith and credit. If you are married in Oregon, Georgia must recognize it. Each state must treat citizens of other states equally with its own citizens. This means states must grant the same privileges and immunities to citizens of other states as they give to their own. Ex. Being able to own property and get married. There are limits to the privileges and immunities clause, however. Nonresidents may not enjoy all the rights of state citizens. Ex. Voting or serving on a jury.
Interstate Relations (cont.) Criminals fleeing to other states may be returned to their home state by extradition. States use interstate compacts, or agreements among themselves, to settle border or jurisdiction conflicts and to deal with common problems, EX: toxic waste disposal, but these compacts must be approved by Congress. Lawsuits brought by a state against another state are tried in the Supreme Court.
States Rights Position Favors state and local action in dealing with problems Believe that the Constitution created a compact among states National government has limited powers Believe that state governments better reflect the needs of the people Believe that national government poses a threat to individual liberties Believe in reserved powers of the 10th Amendment
Nationalist Position Do not believe that the national government is an agent of the states Believe that people created the national government Powers should be expanded to carry out the people s will Believe that national government stands for all the people National government should lead in solving major social issues
Discussion Question States rights or national rights. Which do you agree with the most? Explain.
Growing National Government Three major constitutional provisions have expanded national power Constitutional provision is a law that is written in the Constitution itself 1) The power to wage war economy and education affect military capabilities, federal control over these has expanded during war time.
Growing National Government Three major constitutional provisions have expanded national power 2) The power to regulate trade (commerce). Ex. Civil Rights Act of 1964 prohibited racial discrimination in public accommodations like hotels and restaurants because it would make it more difficult to travel between states.
Growing National Government Three major constitutional provisions have expanded national power 3) The power to tax. The 16 th Amendment created power to create a federal income tax. Can use tax policy to regulate business and influence states to adopt certain programs.
Federal Aid to the States Ways that Congress influences the policies of the states: Federal Grants - Redistributes income among the states - Grants help improve programs in poorer states
Federal Aid to the States Ways that Congress influences the policies of the states: Preemption Laws - Uses restraints, which prohibit state or local governments from exercising certain powers. Example State A has enacted a law that says "no citizen may sell blue soda pop anywhere in the state." The federal government, however, has established the "Anti-Blue Sales Discrimination Act," prohibiting actions that discriminate against the color of goods sold. A local food and beverage vendor who sells blue soda pop in vending machines is charged with violating the state law. She may challenge the state law on the basis that it is preempted by federal law, and therefore violates the Supremacy Clause of the U.S. Constitution.
Federal Aid to the States Ways that Congress influences the policies of the states: Mandates - which is a federal order requiring states to provide a service that meets a national minimum standard.
Federalism and Public Policy Policy: a stated course of action Public Policy: a government action in response to an issue
Federalism and Public Policy (cont.) Individual states try out ideas these ideas often become national policy. Examples: Georgia: lowered the voting age to 18 Colorado: Sunset laws requires periodic checks of government agencies to see if they are still needed. Florida: Sunshine laws prohibits public officials from holding closed meetings.
Federalism at the national level Policy may also originate at the national level: EX: Civil Rights Acts Civil Rights activists attracted enough attention at the national level that they were able to force changes.
Federalism and Political Parties Federalism prevents one party from controlling the government. If a party is not winning at the national level they still have opportunities in the individual states.
Differences Among the States Political and economic differences among states give U.S. citizens wider opportunities for choosing the conditions under which they will live. Examples: Some states do more to regulate business and industry Some states provide more health care and welfare services Some states have higher or lower taxes
The Direction of Federalism In recent decades, Democrats have generally favored a nationalist position while Republicans have favored a states rights view. Because there is a balance in Congress between Democrats and Republicans policies have shared both views.