© 2001 by Prentice Hall, Inc.© 2001 by Prentice Hall, Inc.

C H A P T E R 4Federalism

Federalism is a system in which powers are divided on a

territorial basis between a Nat'l Gov't and regional

Gov'ts.

Chapter 4, Section 1Chapter 4, Section 122 33

The Framers were dedicated to limited Gov't. They believed:

(1) that Gov'tal power poses a threat to individual liberty

(2) therefore the exercise of Gov'tal power must be restrained

(3) that to divide Gov'tal power, is to curb it and prevent abuse.

Chapter 4, Section 1Chapter 4, Section 122 33

Nat'l Gov't only has those powers delegated (granted) to it in the Constitution.

Chapter 4, Section 1Chapter 4, Section 122 33

• Expressed powers are found within the Constitution.

• Implied powers are reasonably suggested, or implied by, the expressed powers.

• Inherent powers belong to the Nat'l Gov't because it is the Gov't of a sovereign state within the world community.

Chapter 4, Section 1Chapter 4, Section 122 33

• Some powers such as the power to levy duties on exports or prohibit the freedom of religion, speech, press, or assembly

• Some powers are denied to the Nat'l Gov't because the federal system does not intend the Nat'l Gov't to carry out those functions.

Powers Reserved to the States

The 10th Amendment reserves state powers

Powers not reserved to the Nat'l gov’t and not denied from the states

Powers Denied to the States

Powers are denied to the states both expressly and inherently

Chapter 4, Section 1Chapter 4, Section 122 33

Rule of Law: The notion that no one is above the law. All presidents, representatives, police etc…Are held to the same standard as “regular” citizens.

Equal Protection: Derived from the 14th Amd, it means that the states must apply the law equally and cannot give preference to one person or class of persons over another.

Due Process: Put simply, where an individual is facing deprivation of life, liberty, or property, it mandates that he or she is entitled to adequate notice, a hearing, and a neutral judge.

Exclusive Powers Exercised by the

Nat'l Gov't alone Ex:

Coin money, Make treaties with

foreign states, Lay taxes on imports

Concurrent Powers Powers possessed

and exercised by both State/Fed

Ex: levy and collect

taxes, Define crimes, set

punishments Claim private

property for public use.

Chapter 4, Section 1Chapter 4, Section 122 33

87,000+ units of local Gov't Each State has created these units

through its constitution and laws. Exercise State law through their own

means.

Chapter 4, Section 1Chapter 4, Section 122 33

Chapter 4, Section 1Chapter 4, Section 122 33

Chapter 4, Section 2Chapter 4, Section 23311

Republican Form of Gov't The Constitution requires the Nat'l Gov't to

“guarantee to every State in this Union a Republican Form of Gov't.”

Invasion and Internal Disorder Required to provide defense of the States from

foreign invasion, and aid in protecting against “domestic Violence”

Respect for Territorial Integrity The Nat’l Gov’t is bound to respect the territorial

integrity of each State.

Chapter 4, Section 2Chapter 4, Section 23311

Federal Grants-in-Aid Grants of federal money or other resources to the

States or local units

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Even though the basis of federalism is the division of powers between levels of Gov't, there is still

cooperation.

Categorical Grants Made for a specific purpose, such as school lunch programs. There

are usually conditions, or “strings,” attached

Project Grants Provided to almost anyone, used for a variety of purposes ranging

from medical research to job training and employment programs.

Chapter 4, Section 2Chapter 4, Section 23311

Block Grants

• Portions of money allocated to States to use for health care, social services, or welfare with fewer strings attached.

No State may enter into any treaty, alliance, or confederation.

Chapter 4, Section 3Chapter 4, Section 32211

States may, with the consent of Congress, enter into interstate compacts—

agreements among themselves and with foreign states.

More than 200 compacts are now in force,

Chapter 4, Section 3Chapter 4, Section 32211

The Full Faith and Credit Clause of the Constitution ensures that States recognize the laws and,

documents, and court proceedings of the other States.

The legal process by which a fugitive from justice in one State is returned to that State.

Article IV, Section 2, Clause 2 of the Constitution.

Chapter 4, Section 3Chapter 4, Section 32211

No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States.

States can draw reasonable distinctions between its own residents and those of other states (Out of state tuition)

Chapter 4, Section 3Chapter 4, Section 32211