Principles of democracy and the Constitution, all the way to civil liberties and equal protection
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PowerpointChapter3_Federalism.pptxChapter 3
Federalism:
States and nation
Objectives
Define Federalism and explain why the Framers chose this system.
Identify powers delegated to and denied to the National Government, and powers reserved for and denied to the States
Explain the difference between concurrent and exclusive powers
Examine the Constitution as the “supreme Law of the Land”
Forms of Government
Confederation — constituent units or states retain ultimate authority and can veto major actions of the central government
Forms of Government -2
Unitary--Central government exercises all governmental powers and can change its constituent units
Within each state in the U.S., the distribution of power is unitary. Cities, counties, local governments, etc. get their authority from the state.
POSSIBLE STRUCTURES OF GOVERNMENT
:
Forms of government -3
Federalism: a system of government in which a written constitution divides power between a central government and several regional governments
Federalism
Significant government powers are distributed to both the national and the state governments.
Complex arrangement
Assure the unity of the country
Permit the states to reflect the diversity of their people and economies.
Federalism In the Constitution
Central role of the national government
Supremacy clause — the Constitution, laws, and treaties of the United States shall be the “supreme law of the land”
Enumerated powers — national powers that are specifically listed in the Constitution
Federalism cont…
Delegated Powers: powers granted by the Constitution
Immigration law
Interstate commerce
Foreign policy
National defense
International Relations
POWERS DELEGATED TO THE NATIONAL GOV
Concepts
Implied/Inherent Powers: powers not specifically mentioned but suggested by the expressed powers.
Building the interstate highway system
Banning racial discrimination in public places
Acquiring territory
Defending the nation
Regulating immigration
Conducting Diplomacy
Concepts p. 2
Denied Powers
Power to prohibit freedom of speech, religion, press or assembly
Other powers, like creating a national school system, are denied because they cannot be based on expressed/enumerated powers
The federal government cannot have powers that would undermine the existence of a federal system
Concepts p.3
Concurrent powers: shared by the national and state governments (tax)
Supremacy Clause: the provision declaring the Constitution to be the Supreme Law of the land
Concepts p.4
Reserved powers
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are “reserved to the states respectively, or to the people” =Tenth Amendment: the “Reservation Clause”
Reserved powers p.2
States are permitted to do anything that is not prohibited or that the Constitution does not assign to the national government.
Conflicts such as CA’s medical marijuana law (Prop 215 (1996)
Pres. Bush enforced federal marijuana law but Pres. Obama and the Justice Dept/federal government accepted state sovereignty in this area
CA Prop 8 (2008)
Reserved powers p.3
These powers include the police power, which gives states the authority to regulate the HEALTH, SAFETY and MORALITY of its citizens
The reservation clause is unique to the United States.
Issuing a driver’s license
No state can regulate interstate commerce or tax the federal government
POWERS DELEGATED TO THE STATES
Federalism
National government exerts influence on the state
Ex. federal highway funds require specific safety laws, such as speed limits, seatbelt requirements, mandatory age for alcohol purchase
Federal water policies have led to vast croplands going dry in the Central Valley region of California (Daily Show video)
Federal policies can help the state, such as defense contracts and the defense industry
Federalism p.2
Relations among the (Article IV): states are required to honor laws of every other state, such as marriage, contracts, extradition of criminals.
Full faith and credit — states must recognize the public acts, records, and judicial proceedings of every other state
Privileges and immunities of citizens — states must grant the same legal rights to citizens of other states that it grants to its own citizens
The Evolution of Federalism
Federalism as we know it emerged slowly.
Nationalist position: The Constitution is supreme and its powers are broad. The nation was created by the people, not the states
States’ Rights position: the Constitution was a compact among states, which were meant to be equal with the national government
