The Federal SystemThe Federal System

GPS StandardsGPS Standards SSCG5 The student will demonstrate SSCG5 The student will demonstrate

knowledge of the federal system of knowledge of the federal system of government described in the United States government described in the United States Constitution.Constitution. Explain the relationship of state governments to Explain the relationship of state governments to

national government.national government. Define the difference between enumerated and Define the difference between enumerated and

implied powers.implied powers. Describe the extent to which power is shared.Describe the extent to which power is shared. Identify powers denied to state and national Identify powers denied to state and national

governments.governments. Analyze the ongoing debate that focuses on the Analyze the ongoing debate that focuses on the

balance of power between state and national balance of power between state and national governments.governments.

Analyze the supremacy clause found in Article VI Analyze the supremacy clause found in Article VI and the role of the U.S. Constitution as the and the role of the U.S. Constitution as the “supreme law of the land.”“supreme law of the land.”

Federal System at WorkFederal System at Work Early in American history, South Early in American history, South

Carolina refused to comply with the Carolina refused to comply with the tariff of 1828. It “nullified,” or rejected, tariff of 1828. It “nullified,” or rejected, this law, which hurt agricultural this law, which hurt agricultural exports. However, President Andrew exports. However, President Andrew Jackson declared that a federal law is Jackson declared that a federal law is supreme. South Carolina was forced to supreme. South Carolina was forced to accept a new, lower tariff law passed accept a new, lower tariff law passed by Congress soon afterward. by Congress soon afterward.

Why do you think this was the case?Why do you think this was the case?

Supreme LawSupreme Law

The Supremacy Clause (Article VI) The Supremacy Clause (Article VI) states that no state law or states that no state law or constitution can conflict with any constitution can conflict with any national law.national law.

The Constitution is the supreme law The Constitution is the supreme law of the land.of the land.

The Division of PowersThe Division of Powers

The federal system divides The federal system divides government powers between government powers between national and state governments. national and state governments.

Federalism gives certain powers to Federalism gives certain powers to the national government and the national government and reserves all other powers to the reserves all other powers to the states and to the people.states and to the people.

Discussion QuestionDiscussion Question

States’ rights supporters argue that States’ rights supporters argue that the national government has too the national government has too much control over state and local much control over state and local governments. Do you agree? Explain.governments. Do you agree? Explain.

National PowersNational Powers Three types of powers of the federal government…1.1. Enumerated PowersEnumerated Powers are specifically given to the are specifically given to the

national government. They allow it to levy taxes, to national government. They allow it to levy taxes, to coin money, to make war, to raise an army and coin money, to make war, to raise an army and navy, and to regulate interstate commerce. They navy, and to regulate interstate commerce. They are also called are also called Delegated PowersDelegated Powers or or Expressed Expressed PowersPowers..

2.2. The implied powersThe implied powers, in the elastic clause , in the elastic clause (“necessary and proper” clause) of the Constitution, (“necessary and proper” clause) of the Constitution, are powers the national government requires to are powers the national government requires to carry out the enumerated powers. These are carry out the enumerated powers. These are powers that the government takes but are not powers that the government takes but are not directly granted.directly granted.

3.3. Inherent powersInherent powers of the national government are of the national government are powers it exercises simply because it is a powers it exercises simply because it is a government.government.

The States and the NationThe States and the Nation

Reserved powersReserved powers belong strictly belong strictly to the states. Powers that are not to the states. Powers that are not listed in the Constitution and not listed in the Constitution and not denied to the states. 10denied to the states. 10thth amendment.amendment.

National and state governments exercise concurrent powers… powers that both have at the same time. (Shared Powers.)

States and the Nation States and the Nation (cont.)(cont.)

The Constitution also lists powers denied The Constitution also lists powers denied to the national and state governments.to the national and state governments.

Article I, Section 9 lists powers denied to Article I, Section 9 lists powers denied to the federal government: Cannot tax the federal government: Cannot tax exports, interfere with states’ exports, interfere with states’ responsibilities.responsibilities.

Article I, Section 10 lists powers denied to Article I, Section 10 lists powers denied to the states. Ex. Cannot make treaties with the states. Ex. Cannot make treaties with other countries, and cannot grant titles of other countries, and cannot grant titles of nobility.nobility.

Guarantees to the StatesGuarantees to the States

A republican form of government. A republican form of government. Protection from invasion and Protection from invasion and

domestic violence. (States must ask domestic violence. (States must ask for help.)for help.)

Territorial integrity: No state can Territorial integrity: No state can be divided to make a new state w/o be divided to make a new state w/o it’s permission.it’s permission.

Discussion QuestionDiscussion Question

Under what circumstances can a Under what circumstances can a president send troops into a state president send troops into a state without the Governor’s permission? without the Governor’s permission? Read p. 98-99 under “Protection”Read p. 98-99 under “Protection” When national laws are violated, federal When national laws are violated, federal

property is threatened, or federal property is threatened, or federal responsibilities are interfered with.responsibilities are interfered with.

Ex. Federal troops being sent in to help Ex. Federal troops being sent in to help integrate schools.integrate schools.

Admission of New StatesAdmission of New States

Congress has the power to admit Congress has the power to admit new states to the Union. Each state new states to the Union. Each state admitted is equal to every other admitted is equal to every other state. state.

Enabling Act – enable people of the Enabling Act – enable people of the territory interested in becoming a territory interested in becoming a state to prepare a constitution.state to prepare a constitution.

Obligations of the StatesObligations of the States

The two important functions state governments perform for the national government are…

1. Conduct and pay for elections of all national government officials.

2. Ratify or reject an amendment.

The Courts as UmpireThe Courts as Umpire The Supreme Court and the federal courts The Supreme Court and the federal courts

settle disputes between the states and the settle disputes between the states and the national government. national government.

McCulloch v. MarylandMcCulloch v. Maryland – the Supreme Court – the Supreme Court ruled that in a conflict between a state ruled that in a conflict between a state government and national government law…government and national government law…the national government is supreme.the national government is supreme.

The Court has also limited the government’s The Court has also limited the government’s control over states. Ex. control over states. Ex. United States v. United States v. LopezLopez (1995) said Congress exceeded (1995) said Congress exceeded authority by passing a national law banning authority by passing a national law banning gun possession in or near schools.gun possession in or near schools.

Interstate Relations Interstate Relations The Constitution requires each state to The Constitution requires each state to

recognize the laws and legal proceedings recognize the laws and legal proceedings of all other states in civil, not criminal, of all other states in civil, not criminal, matters. This is “matters. This is “full faith and creditfull faith and credit.” If .” If you are married in Oregon, Georgia must you are married in Oregon, Georgia must recognize it.recognize it.

Each state must treat citizens of other Each state must treat citizens of other states equally with its own citizens. This states equally with its own citizens. This means states must grant the same means states must grant the same ““privileges and immunitiesprivileges and immunities” to citizens of ” to citizens of other states as they give to their own. Ex. other states as they give to their own. Ex. Being able to own property and get Being able to own property and get married.married.

There are limits to the “privileges and There are limits to the “privileges and immunities” clause, however. Nonresidents immunities” clause, however. Nonresidents may not enjoy all the rights of state may not enjoy all the rights of state citizens. Ex. Voting or serving on a jury.citizens. Ex. Voting or serving on a jury.

Interstate Relations Interstate Relations (cont.)(cont.)

Criminals fleeing to other states may be Criminals fleeing to other states may be returned to their home state by returned to their home state by extraditionextradition..

States use interstate compacts, or States use interstate compacts, or agreements among themselves, to settle agreements among themselves, to settle border or jurisdiction conflicts and to deal border or jurisdiction conflicts and to deal with common problems, EX: toxic waste with common problems, EX: toxic waste disposal, but these compacts must be disposal, but these compacts must be approved by Congress.approved by Congress.

Lawsuits brought by a state against another Lawsuits brought by a state against another state are tried in the Supreme Court. state are tried in the Supreme Court.

States’ Rights PositionStates’ Rights Position Favors state and local action in dealing

with problems Believe that the Constitution created a

compact among states National government has limited powers Believe that state governments better

reflect the needs of the people Believe that national government poses a

threat to individual liberties Believe in reserved powers of the 10th

Amendment

Nationalist PositionNationalist Position Do not believe that the national Do not believe that the national

government is an agent of the statesgovernment is an agent of the states Believe that people created the Believe that people created the

national governmentnational government Powers should be expanded to carry Powers should be expanded to carry

out the people’s willout the people’s will Believe that national government Believe that national government

stands for all the peoplestands for all the people National government should lead in National government should lead in

solving major social issuessolving major social issues

Growing National GovernmentGrowing National Government Three major constitutional provisions have Three major constitutional provisions have

expanded national powerexpanded national power1.1. The power to wage war – economy and education The power to wage war – economy and education

effect military capabilities, federal control over effect military capabilities, federal control over these has expanded during war time.these has expanded during war time.

2.2. The power to regulate trade (commerce). Ex. The power to regulate trade (commerce). Ex. Civil Rights Act of 1964 prohibited racial Civil Rights Act of 1964 prohibited racial discrimination in public accommodations like discrimination in public accommodations like hotels and restaurants because it would make it hotels and restaurants because it would make it more difficult to travel between states.more difficult to travel between states.

3.3. The power to tax.The power to tax. 1616thth Amendment created Amendment created power to create a federal income tax. Can use power to create a federal income tax. Can use tax policy to regulate business and influence tax policy to regulate business and influence states to adopt certain programs.states to adopt certain programs.

Federal Aid to the StatesFederal Aid to the States Ways that Congress influences the policies of Ways that Congress influences the policies of

the states.the states.• Federal GrantsFederal Grants

- Redistributes income among the states- Redistributes income among the states- Grants help improve programs in poorer states- Grants help improve programs in poorer states

• Preemption LawsPreemption Laws- Uses restraints, which prohibit state or local - Uses restraints, which prohibit state or local governments from exercising certain powers.governments from exercising certain powers.

MandatesMandates- which is a federal order requiring states to - which is a federal order requiring states to provide a service that meets a national provide a service that meets a national minimum standard.minimum standard.

Federalism and Public PolicyFederalism and Public Policy

Policy: a stated course of actionPolicy: a stated course of action Public Policy: a government action Public Policy: a government action

in response to an issuein response to an issue

Federalism and Public Policy Federalism and Public Policy (cont.)(cont.)

Individual states try out ideas – these ideas often become national policy. Examples: Georgia: lowered the voting age to 18 Colorado: Sunset laws – requires

periodic checks of government agencies to see if they are still needed.

Florida: Sunshine laws – prohibits public officials from holding closed meetings.

Federalism at the national level

Policy may also originate at the Policy may also originate at the national level:national level:

EX: Civil Rights ActsEX: Civil Rights Acts Civil Rights activists attracted Civil Rights activists attracted

enough attention at the national enough attention at the national level that they were able to force level that they were able to force changes.changes.

Federalism and Political Parties

Federalism prevents one party from controlling the government. If a party is not winning at the national level they still have opportunities in the individual states.

Differences Among the StatesDifferences Among the StatesPolitical and economic differences Political and economic differences

among states give U.S. citizens wider among states give U.S. citizens wider opportunities for choosing the opportunities for choosing the conditions under which they will live. conditions under which they will live.

Examples:Examples: Some states do more to regulate Some states do more to regulate

business and industrybusiness and industry Some states provide more health care Some states provide more health care

and welfare servicesand welfare services Some states have higher or lower taxesSome states have higher or lower taxes

The Direction of FederalismThe Direction of Federalism

In recent decades, Democrats have In recent decades, Democrats have generally favored a nationalist generally favored a nationalist position while Republicans have position while Republicans have favored a states’ rights view. favored a states’ rights view.

Because there is a balance in Because there is a balance in Congress between Democrats and Congress between Democrats and Republicans – policies have shared Republicans – policies have shared both views.both views.