Federalism
Federalism and the Constitution The Constitution recognizes only national and state governments The national government has only those powers delegated to it by the Constitution (except for inherent powers). Within the scope of its powers, the national government is supreme. The state governments have the powers not delegated to the national government, except those denied to them by the Constitution or their state constitutions. Some powers are prohibited to both state and national governments; others are denied only to the states, and still others only to the national government
Powers of The National Government The Constitution gives three types of powers to the national government Delegated Powers - (Expressed Powers) Those specifically written in the Constitution (Article I, Section 8) collect taxes, coin money, regulate commerce, to raise and maintain armed forces, to declare war, to grant patents and copyrights. Implied Powers - May be reasonably inferred from the Constitution by right of the Elastic Clause (Article I, Section 8)
Elastic Clause - The clause in the Constitution that allows Congress to pass laws as necessary to carry out its authorized powers (Necessary and Proper Clause) Inherent Powers - Usually in foreign affairs, that grow out of the very existence of the national government. acquire territory, recognize foreign states, set immigration policy, to protect the United States from rebellion.
Powers of the States Reserved Powers - Those held by the states that are not delegated to the national government nor denied to the states. Guaranteed by the 10th Amendment Local government, conducting elections, regulating trade within a state, and ratifying amendments to the Constitution State governments should regulate their internal affairs (welfare, education, standards of behavior and public convenience)
Concurrent Powers Concurrent Powers - are held by both national and state governments Powers that the Constitution does not grant exclusively to the national government and that it does not deny the states. Levying and collecting taxes, establishing and maintaining separate court systems, making and enforcing laws, providing for the health and welfare of citizens, and borrow money
Prohibited Powers Prohibited Powers - (Restricted Powers) The powers that are denied to the federal government, the state government, or both Article I, Section 9 States are prohibited from a number of activities making treaties with foreign governments, printing or coining money, taxing imports or exports, and engaging in war.
Bills of Attainder - a law, prohibited by the Constitution, that pronounces a person guilty of a crime without trial. Pass ex post facto laws - literally, after the fact ; a law, prohibited by the Constitution that makes criminal an action that was legal when it was committed. Suspend the writ of habeas corpus - literally meaning you shall have the body ; a court order that requires a judge to evaluate whether there there is sufficient cause for keeping a person in jail.
http://www.youtube.com/watch? v=mgfj32qhab8
Federal and State Responsibilities
Federal Responsibilities Article IV, Section 4 - The national government guarantees to every state in this union a republican form of government Constitution also emphasizes the responsibility of the national government to keep order and to protect states against domestic insurrection President has the authority to dispatch troops to put down insurrections when asked by state authorities, or when state authorities are not enforcing federal laws. Federal government is also obligated to handle the admission of new states
State Responsibilities A militia may be organized by a state and called for in time of need. National Guard (1903) can be activated by the President at any time. floods, civil disturbances States have a responsibility for the elections for all public officials. National Senators, Representatives, President, Governor, State Senators, Representatives. Set up procedures for voter registration and determines polling places.
States determine congressional districts States play a key role in the amendment process. (3/4 of the states have to approve)
States Obligations to Each Other Each state must give full faith and credit to the public acts, records, and civil judicial proceedings of every other state. marriage, business contracts Full Faith and Credit Clause - clause in the Constitution stating that acts or documents considered legal in one state must be accepted as valid by other states. http://www.youtube.com/watch? v=ahkk7cgw5wc
Almost all criminal law is state law. Cannot escape prosecution by crossing state lines. Constitution requires a person charged with a crime in another state be returned to the state for trial or imprisonment. (extradition)
Citizens of one state receive the privileges and immunities of any other state where they happen to be. exception: state universities have the right to charge two rates (instate and outstate) exception: only citizens of a state can vote in a state election.
The Changing Nature of Federalism
Establishing National Supremacy 1791 Issue - establishment of a national bank Support - Alexander Hamilton Against - Thomas Jefferson Congress used the Elastic Clause and the expressed power of taxing and borrowing money
McCulloch v. Maryland President Washington signed the bill establishing the First Bank of the United States. 1819 - Supreme Court decided the case of McCulloch v. Maryland. 1818 - Maryland passed a law to tax the national bank s Baltimore branch. (refused to pay) Maryland sued the cashier, James McCulloch for payment. They were challenging the constitutionality of the bank and said that the power to create the bank was not in the Constitution. McCulloch was convicted and appealed to the Supreme Court
Supreme Court dismissed the charges against McCulloch, ruling that the First Bank of the United States was constitutional based on the Elastic Clause http://www.youtube.com/watch?v=ow6cllk9hyg http://www.youtube.com/watch?v=beqouolou7q
The Civil War The Civil War was not simply a conflict over slavery; it was also a struggle between states and the national government. John C. Calhoun advocated for states rights. If the government attempted to ban slavery, a state had the right to declare a federal law unconstitutional and null and void within the state.
Southern states seceded from the Union to form the Confederate States of America. Since states had formed the Union in the first place, they had the right to leave. President Lincoln disagreed claiming national supremacy North s victory guaranteed that the union of states could not be dissolved.
States Rights Nationalist The Constitution is a compact among the states The Constitution was created by the people, not the states Because it was created by the states, the federal government is subordinate to the states. Any doubt about whether a power belongs to the national or state government should be settled in favor of the states. State governments are closer to the people and better serve their wishes than the national government The national government should take the lead in making government decisions The powers expressly delegated to the national government should be expanded as necessary and proper to carry out its expressed powers. The national government stands for all the people, while each state speaks for only part of the people.
The Commerce Clause Supreme Court case Gibbons v. Ogden (1824) Commerce Clause (Article I, Section 8, Clause 3) Congress has the power to regulate interstate commerce Case questioned whether the national or state government should regulate boats carrying passengers across the Hudson River between New Jersey and New York Court ruled that commerce encompasses virtually every form of commercial activity.
http://www.youtube.com/watch?v=wfb9okpxw48 http://www.youtube.com/watch?v=ysifr1olw7o
Court expanded its definition of commerce over the years to give the national government power over almost any widespread activity radio signals electricity telephone messages insurance transactions Court used the interstate commerce power to uphold the Civil Rights Act of 1964. Act prohibited racial discrimination in public places (restaurant, hotels, and movie theaters)
Incorporation of the Bill of Rights The Bill of Rights originally did not protect against abuses by state governments Through a process called incorporation, the Bill of Rights was gradually applied to the states.
14th Amendment 1868 No state shall...deprive any person of life, liberty, or property, without due process of law. Gitlow v. New York (1925) Benjamin Gitlow was convicted of a felony under New York state law for passing out leaflets that supported socialism and called for the overthrow of the government. Supreme Court upheld the state law (the justices ruled against Gitlow), the majority opinion contained a very important statement: Freedom of speech and of the press were among the fundamental personal rights protected from infringement by the state by the Due Process Clause of the 14th Amendment.
http://www.youtube.com/watch?v=f98ad5tnafy
Federalism Today Federalism today is much more complex, affecting many local governments: counties, municipalities, towns, school districts, and special districts.
Federal Grants Federal government has always influenced the states through Grants-in-aid. (Money to finance their program) Government first granted land to states in order to finance education and contributed cash to help them pay for their militias. Categorical Grants - a type of grant-in-aid given by the federal government to a state for specific purposes. subject to detailed federal restrictions, or strings. Medicaid, Aid to Families with Dependent Children Competitive applications
Block Grants - A type of grant-in-aid given by the federal government to a state for a general purpose, such as fighting crime or improving education. The states are allowed to decide the specifics on how to use them and are responsible for channeling the funds to the local governments.
Revenue Sharing - Government financing in which money collected in federal income tax is distributed to state and local governments Money can be used in almost any policy area at the discretion of the state and local governments
Federal Mandates Mandate - a rule issued by the federal government to the states. not necessarily backed with money The government can tell the states what to do without giving them the funds to carry out the orders. Civil Rights Protection of the Environment
Dumb Laws (Still on the Books) Maine Shotguns are required to be taken to church in the event of a Native American attack. You may step out of a plane in flight After January 14th you will be charged a fine for having your Christmas decorations still up
Texas It is illegal to sell one s eye A program has been created in the state to control the weather It is illegal for one to shoot a buffalo from the second story of a hotel. When two trains meet each other at a railroad crossing, each shall come to a full stop, and neither shall proceed until the other has gone. It is illegal to take more than three sips of beer at a time while standing.
Virginia Citizens must honk their horn while passing other cars No animal may be hunted on Sunday with the exception of raccoons, which may be hunted until 2:00 AM Children are not to go trick-or-treating without Halloween It is illegal to tickle a woman
Arizona It is unlawful to refuse a person a glass of water. Hunting camels is prohibited Any misdemeanor committed while wearing a red mask is considered a felony. There is a possible 25 years in prison for cutting down a cactus. Donkeys cannot sleep in bathtubs. When being attacked by a criminal or burglar, you may only protect yourself with the same weapon that the other person posses.
Alaska Moose may not be viewed from an airplane. It is considered an offense to push a live moose out of a moving plane. While it is legal to shoot bears, waking a sleeping bear for the purpose of taking a photograph is prohibited.
http://www.youtube.com/watch?v=e4gs7fkbxk