Federalism: States and Nation

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Federalism States and Nation

• Chapter 3

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Federalism

• How many govts are there is the U.S.?
• - federal, state, local govts
• Federalism- a system under which govt powers are
  divided between the central govt and smaller
  units, such as states.
• 3 systems of govt
• Unitary / Confederation / Federal

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Why federalism in U.S.?

• Retained state rights strong govt
• - federalism works better in larger countries
• - regions differ from one another
• - brings govt closer to the people
• - starting pt for politicians
• - experiments / testing ground
• Opponents block progress /hurts minorities

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Powers of Federal Govt

• Constitution specifically lists what the national
  govt can do (tax, war, laws etc)
• Enumerated powers- powers specifically granted to
  natl govt by constitution
• - article 1 sec 8 of constitution
• - necessary proper clause
• a. congress can do whatever is necessary to
  carry out powers

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Natl Govt Powers (continue)

• Inherent powers (survival powers)
• - act internationally (war / treaties)

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Powers of States Govts

• Reservation clause- 10th amendment of
  Constitution
• - Control own boundaries (police power)
• Formal amendments
• Selection of natl govt officials
• - senators representatives/ president

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Relations among the states

• Full Faith and Credit (article IV)
• - contracts/ decisions of courts honored
• Privileges and Immunities
• - citizen of a state has the same rights as the
  citizens of another state in which he or she
  happens to be

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Concurrent powers

• Shared powers between Natl govt States
• - tax spend
• - charter banks / borrow money
• - establish courts
• States are prohibited from certain actions
• Note- states are limited to their geographic area

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Federalism in the Constitution

• Supremacy clause- In Article VI of the Const.,
  the constitution itself and the laws and
  treatises of the U.S. are the supreme law of the
  land, taking precedence over state laws and
  constitutions.

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Cooperative Federalism

• States natl govt work together to solve
  problems
• Categorical (most) Block Grants
• - 100 billion in 1985 / 225 billion in 2005
• - TANF, Medicaid, Hwy construction
• - Strings attached
• Federal Mandates (require action)
• - unfunded mandates