Chapter 4 The Federal System
Dec 14, 2015
Basic Principles• Two levels of government– Each assumes power from the people (in a
democratic form)– Each level is considered supreme in the areas of
power assigned to it– Each level is protected by fundamental laws of the
Constitution that prevent either level from destroying the other
Supremacy Clause• Article VI, Section 2• Constitution is the Supreme Law of the Land• Order of supremacy
1. Constitution2. Acts of Congress and Treaties3. State Constitutions4. State Statutes (laws)5. City and County Charters
Role of National Government
Expressed Powers• Powers specifically spelled out in
the Constitution• Also known as Enumerated Powers
Inherent Powers• Powers that the
government has simply because it is a government of a sovereign state
• Example: the power to regulate immigration or power to acquire territory by legal means
Implied Powers• Powers not expressly stated in
Constitution but implied by powers expressly stated
• “necessary and proper clause” or “elastic clause”
• Example: Expressed power gives Congress to power to raise an army or navy therefore it is an implied power that they can call for a draft
Role of National Government• Denied Powers– Power expressly denied in the Constitution –
cannot impose taxes on exports– Power denied because Constitution is silent on the
matter – public schools– Powers denied because of the structure of the
federal system – government cannot levy a tax on state governments
Role of State Governments• Reserved Powers– States allowed to exercise all powers not
specifically given to national government• Example – each state has different requirements as to
how you can obtain a driver’s license
• Denied Powers– Powers expressly denied in Constitution – states
cannot enter treaties with other countries– Powers denied because of the structure of
federalism – states cannot declare war or tax national government
Common Roles
• Concurrent Powers– Powers given to both state and national
government • Powers limiting both states and national
government – Bill of Rights
Admission of New States• Power granted to Congress• No state can be created by taking territory from a
current state without consent• Subject to presidential veto• Enabling act – when signed by president allows
people in the territory interested in becoming a state to prepare a constitution– Constitution then is approved by a popular vote in
territory– Congress then passes an act making the territory a
state
Interstate Relations: Full Faith and Credit
• States must recognize legal proceeding from other states
• Applies only to civil law• One state cannot enforce another state’s
criminal law• Records = documents• Judicial proceedings = court actions
Interstate Relations: Privileges and Immunities
• States cannot discriminate against the citizens of another state
• Pass through states, marry, make contracts, do business
• “reasonable discrimination” – voting, jury duty, use of public facilities, residency requirements to register to vote, attendance/tuition of state sponsored schools
Interstate Relations: Extradition• Governor of the state to which a fugitive flees
is responsible for returning them– Supreme court has loosed the requirement to
return the criminal– Some governors have and can refuse, most
comply
Interstate Relations: Interstate Compacts
• Written agreements between two or more states
• National government or foreign countries can also be part of a compact
• Congress must approve• Roads/bridges, pollution, business
Interstate Relations: Lawsuits
• States can sue one another• Heard only in the Supreme Court• Water disputes, pollution, boundary lines
States’ Rightist Versus Nationalists• States’ rights position – favors state and local
action in dealing with problems– States created the national government– States’ governments are closer to the people and
can make better decisions based on the needs of the people
• Nationalist position – favors national action in dealing with problems– People that created national and state
governments– National government speaks for all people
Mandate and Restraint• Mandate – federal order requiring states to
provide a service or undertake an activity in order to meet minimum requirements set by Congress
• Restraint – Congress prohibits a state or local government from performing a specific function or power