CHAPTER 4 -- FEDERALISM CHAPTER 4-1 FEDERALISM: THE DIVISION OF POWER
Dec 14, 2015
FEDERAL LAW REQUIRES:
Men must register for selective service at 18
Most employers must pay minimum wage
No person can be denied a job based on race or ethnicity
STATE LAW REQUIRES:
You must have a driver’s license in order to drive.
It is illegal for anyone under 21 to buy alcohol or for anyone under 18 to buy tobacco
Only persons that satisfy certain requirements can buy and possess firearms.
WHY FEDERALISM?
How could the Framers possibly create a new central government that would be strong enough to meet the nation’s needs and, at the same time, preserve the existing strength of the states?
Few Framers favored the British model of government
The Framers were dedicated to limited government.
Framers were convinced that: (1)Government power poses a threat to
individual liberty (2)the exercise of governmental power
must be restrained (3)to divide governmental power is to
curb it and prevent its abuse
FEDERALISM DEFINED
FEDERALISM is a system of government in which a written constitution divides the powers of government on a territorial basis between a central, or national, government and several regional governments usually called states or provinces.
Each level has its own set of powers. Neither level acting alone can change the
basic structure of power.
Each level operates through its own agencies and acts directly through its own officials and laws
The Constitution provides for a DIVISION OF POWERS between the National Government and the States
The Xth Amendment spells out the division of power.
EXAMPLES OF FEDERALISM
1/3 of states operate liquor stores as a public monopoly while the rest are privately owned.
In NJ & OR, it is illegal to pump your own gas
ND doesn’t require voter registration Only NE has a unicameral legislature OR has legalized assisted suicide AK, DE, NH, MT, OR don’t impose a
general sales tax
POWERS OF THE NATIONAL GOVERNMENT The National Government is a
government of DELEGATED POWERS. It only has powers delegated to it by
the Constitution
THE EXPRESSED POWERS These powers are specifically stated in
the Constitution
Most expressed powers for Congress are in Article I, Section 8.
18 clauses give 27 powers to Congress Collect taxes, coin money, regulate foreign
and interstate commerce, raise and maintain armed forces, fix weights and measures, etc.
Expressed powers for the President are in Article II Section 2.
Commander-in-chief, reprieves and pardons, treaties, appoint major federal officials
Several powers are found in the amendments XVIth Amendment-Collect income taxes
IMPLIED POWERS Powers not expressly stated in the
Constitution Constitutional basis for these powers is in
Article I, Section 8, Clause 18—Gives Congress the “necessary and proper power.”
This clause is referred to as the Elastic Clause
IMPLIED POWERS-EXAMPLES
Congress regulates labor-management relations
Building of hydro-electric dams Building of 42,000 miles of interstate
roads Made acts federal crimes-moving
stolen goods, gambling devices, and kidnapped persons across state lines.
Prohibited racial discrimination in public places
THE INHERENT POWERS
These powers belong to the National Government because over time all national government possess these powers
Few but important—regulate immigration, deport aliens, acquire territory, grant diplomatic recognition, protect the nation against rebellion or other attempts to overthrow the government by force or other means
POWERS DENIED TO THE NATIONAL GOVERNMENT
Constitution denies powers in three distinct ways
(1) EXPRESSLY—levy duties on exports; take private property for public use without just compensation, prohibit freedom of speech, etc.
(2) SILENCE OF CONSTITUTION—create a public school system, enact uniform marriage and divorce laws, set up local units of government
(3) POWERS ARE DENIED BY THE FEDERAL SYSTEM—take no action that would threaten the existence of the government, tax states
Congress could, in theory, tax the states out of existance.
THE STATES
POWERS RESERVED FOR THE STATES RESERVED POWERS are those powers that
the Constitution does not grant to the National Government and does not deny to the States
Examples—people under 18 cannot marry in some states without parental consent, no alcohol under 21, ban pornography, prostitution, ban some gambling while permitting specific forms of gambling
Most of what government does today is done by STATES, not the national government.
Reserved powers include the vitally important police power—protect and promote public health, public morals, and public safety, and the general welfare
POWERS DENIED TO THE STATES
(1) EXPRESSLY--No state can enter into a treaty, coin money, deprive a person of life, liberty, or property without due process
(2) INHERENT—states can’t tax federal agencies
THE EXCLUSIVE AND CONCURRENT POWERS
EXCLUSIVE POWERS—Powers reserved only for the national government.
Example—make treaties, coin money CONCURRENT POWERS—Powers shared
by the National and State governments Example—collect taxes, define crimes,
set punishment, take private property for public use
(chart p. 93)
THE FEDERAL SYSTEM AND LOCAL GOVERNMENTS
Two levels of government: National & State
Over 87,000 units of local government in the USA (cities, counties, townships, etc.)
All units of local government are subunits of the State governments
Each state has unitary form of government-local governments are created for its own convenience
THE SUPREME LAW OF THE LAND
THE SUPREMECY CLAUSE Article VI, Section 2 (chart p. 94) Joins the National Government and the
States into a single government unit.
THE SUPREME COURT AND FEDERALISM The Supreme Court is the umpire in the
federal system. One of its chief duties is to apply the
Supremacy Clause when settling disputes McCulloch v. Maryland (1819) MD tried to tax a bank chartered by the
National Government. Bank refused. Cashier was convicted. Supreme Court reversed the decision based on the Supremacy Clause