FEDERALISM

Questions to consider:

• In our federal system of government, what is the relationship between federal and state laws?

• Are there ever conflicts of interest between these two levels of government?

• How are these conflicts generally resolved?• Throughout our nation’s history, which

issues have generated the greatest conflicts between the federal government and the states?

I. Federalism:

A. The division of powers between the federal and states governments set forth in the Constitution.

B. The Constitution provides for a division of powers, assigning certain powers to the Federal Government and certain powers to the States.

Examples of federalism:

Nevada allows for gambling & prostitution…

Nebraska has a unicameral legislature…North Dakota doesn’t require voter

registration…..NJ & Oregon don’t allow self serve gas

pumping…..

Who holds the power??

Fold your paper into three columns & labels the columns as follows:

National Powers

Concurrent Powers

State Powers

1.2.3.4.5.6.

1.2.3.4.5.

1.2.3.4.5.6.

1. Levy & collect taxes.2. Coin Money3. Borrow Money4. Establish Public

Schools5. Regulate trade within

a state 6. Define Crimes & set

punishments7. Conduct Elections8. Establish Courts9. Regulate interstate &

foreign commerce

10. Raise & maintain an armed forces

11. Declare War12. Claim private property

for public use13. Regulate Alcohol14. Pass license

requirements for professionals

15. Establish local govt’s.16.Govern U.S. territories &

admit new states17. Conduct foreign

relations

Place the following powers in the appropriate columns

II. Powers of the Federal Government

Expressed Implied Inherenta.Found directly

within the Constitution

b.Article 1 Sec.8 Congress

c.Article. 2 Sec.2 Pres. Powersd. Amendments

a.Not expressly stated in the Constitution, but are reasonably suggested by the expressed powers.b. Necessary & Proper Clause allows for congressional & court interpretation (Civil Rights)

a.Belong to the National Gov’t because it is the gov’t of a sovereign state within the world community. There are few!!b. Immigration regultaion etc..

III. Powers Denied to the National Government

A. Powers such as levying duties on exports or prohibiting the freedom of religion, speech, press, or assembly, are expressly denied to the National Government in the Constitution.

B. Some powers are denied to the National Gov’t b/c the Constitution is silent on the issue.

C. Some powers are denied to the National Gov’t b/c the federal system does not intend the National Gov’t to carry out those functions.

IV. State Powers

A.The state powers are called reserved powers

B. These powers are not granted to the National Gov’t and are not, at the same time, denied to the States.

1. 10th Amendment

C. Powers denied to the States are denied in much the same way that powers are denied to the National Government; both expressly and inherently

1. Amendments 13,14,15,19,24,26

• This system of federalism can lead to conflicts between state law & federal law…

HOW ARE THESE CONFLICTS RESOLVED???

V. Supremacy Clause & The Supreme Court

A.Supremacy Clause1.States that the U.S.

Constitution is the highest law in the land…followed by

2. Congressional Acts & Treaties

3. State Constitutions4. State Statutes5. City & County Charters

& Ordinances

B. Supreme Court1. Settles disputes

between Federal & State Governments.

a. McCulloch vs. Maryland (1819)

b. Gibbons v. Ogden (1824)

c. Fletcher v. Peck (1810)

Federalism Court Cases

Compare the decisions of the three previous cases with the decision in the case of U.S. vs. Lopez. How did the decisions in the four cases affect the power of the federal government?

VI. The Nation’s Obligations to the States

A. National Gov’t must ensure Republican Form of Government in each state.

B. The National Gov’t is also required to provide defense of the States from foreign invasion, and aid in protecting against “domestic Violence” in the States (disaster relief).

C. Only Congress has the power to admit new States to the

Union.

VII. Interstate Relations

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

B. States may, with the consent of Congress, enter into interstate compacts —agreements among themselves and with foreign states. (LAW ENFORCEMENT)

C. The Full Faith and Credit Clause of the Constitution ensures that States recognize the laws and, documents, and court proceedings of the other States