The Federal System

1
The Federal System

• Ch. 4

2
GPS Standards

• SSCG5 The student will demonstrate knowledge
  of the federal system of government described in
  the United States Constitution.
• Explain the relationship of state governments to
  national government.
• Define the difference between enumerated and
  implied powers.
• Describe the extent to which power is shared.
• Identify powers denied to state and national
  governments.
• Analyze the ongoing debate that focuses on the
  balance of power between state and national
  governments.
• Analyze the supremacy clause found in Article VI
  and the role of the U.S. Constitution as the
  supreme law of the land.

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Federal System at Work

• Early in American history, South Carolina refused
  to comply with the tariff of 1828. It
  nullified, or rejected, this law, which hurt
  agricultural exports. However, President Andrew
  Jackson declared that a federal law is supreme.
  South Carolina was forced to accept a new, lower
  tariff law passed by Congress soon afterward.
• Why do you think this was the case?

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Supreme Law

• The Supremacy Clause (Article VI) states that no
  state law or constitution can conflict with any
  national law.
• The Constitution is the supreme law of the land.

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The Division of Powers

• The federal system divides government powers
  between national and state governments.
• Federalism gives certain powers to the national
  government and reserves all other powers to the
  states and to the people.

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Discussion Question

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

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National Powers

• Three types of powers of the federal government
• Enumerated Powers are specifically given to the
  national government. They allow it to levy
  taxes, to coin money, to make war, to raise an
  army and navy, and to regulate interstate
  commerce. They are also called Delegated Powers
  or Expressed Powers.
• The implied powers, in the elastic clause
  (necessary and proper clause) of the
  Constitution, are powers the national government
  requires to carry out the enumerated powers.
  These are powers that the government takes but
  are not directly granted.
• Inherent powers of the national government are
  powers it exercises simply because it is a
  government.

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The States and the Nation

• Reserved powers belong strictly to the states.
  Powers that are not listed in the Constitution
  and not denied to the states. 10th amendment.
• National and state governments exercise
  concurrent powers powers that both have at the
  same time. (Shared Powers.)

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States and the Nation (cont.)

• The Constitution also lists powers denied to the
  national and state governments.
• Article I, Section 9 lists powers denied to the
  federal government Cannot tax exports, interfere
  with states responsibilities.
• Article I, Section 10 lists powers denied to the
  states. Ex. Cannot make treaties with other
  countries, and cannot grant titles of nobility.

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Guarantees to the States

• A republican form of government.
• Protection from invasion and domestic violence.
  (States must ask for help.)
• Territorial integrity No state can be divided
  to make a new state w/o its permission.

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Discussion Question

• Under what circumstances can a president send
  troops into a state without the Governors
  permission? Read p. 98-99 under Protection
• When national laws are violated, federal property
  is threatened, or federal responsibilities are
  interfered with.
• Ex. Federal troops being sent in to help
  integrate schools.

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Admission of New States

• Congress has the power to admit new states to the
  Union. Each state admitted is equal to every
  other state.
• Enabling Act enable people of the territory
  interested in becoming a state to prepare a
  constitution.

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Obligations of the States

• The two important functions state governments
  perform for the national government are
• Conduct and pay for elections of all national
  government officials.
• Ratify or reject an amendment.

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The Courts as Umpire

• The Supreme Court and the federal courts settle
  disputes between the states and the national
  government.
• McCulloch v. Maryland the Supreme Court ruled
  that in a conflict between a state government and
  national government lawthe national government
  is supreme.
• The Court has also limited the governments
  control over states. Ex. United States v. Lopez
  (1995) said Congress exceeded authority by
  passing a national law banning gun possession in
  or near schools.

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Interstate Relations

• The Constitution requires each state to recognize
  the laws and legal proceedings of all other
  states in civil, not criminal, matters. This is
  full faith and credit. If you are married in
  Oregon, Georgia must recognize it.
• Each state must treat citizens of other states
  equally with its own citizens. This means states
  must grant the same privileges and immunities
  to citizens of other states as they give to their
  own. Ex. Being able to own property and get
  married.
• There are limits to the privileges and
  immunities clause, however. Nonresidents may not
  enjoy all the rights of state citizens. Ex.
  Voting or serving on a jury.

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Interstate Relations (cont.)

• Criminals fleeing to other states may be returned
  to their home state by extradition.
• States use interstate compacts, or agreements
  among themselves, to settle border or
  jurisdiction conflicts and to deal with common
  problems, EX toxic waste disposal, but these
  compacts must be approved by Congress.
• Lawsuits brought by a state against another state
  are tried in the Supreme Court.

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States 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

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Nationalist Position

• Do not believe that the national government is an
  agent of the states
• Believe that people created the national
  government
• Powers should be expanded to carry out the
  peoples will
• Believe that national government stands for all
  the people
• National government should lead in solving major
  social issues

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Growing National Government

• Three major constitutional provisions have
  expanded national power
• The power to wage war economy and education
  effect military capabilities, federal control
  over these has expanded during war time.
• The power to regulate trade (commerce). Ex. Civil
  Rights Act of 1964 prohibited racial
  discrimination in public accommodations like
  hotels and restaurants because it would make it
  more difficult to travel between states.
• The power to tax. 16th Amendment created power
  to create a federal income tax. Can use tax
  policy to regulate business and influence states
  to adopt certain programs.

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Federal Aid to the States

• Ways that Congress influences the policies of the
  states.
• Federal Grants
• - Redistributes income among the states
• - Grants help improve programs in poorer states
• Preemption Laws
• - Uses restraints, which prohibit state or local
  governments from exercising certain powers.
• Mandates
• - which is a federal order requiring states to
  provide a service that meets a national minimum
  standard.

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Federalism and Public Policy

• Policy a stated course of action
• Public Policy a government action in response
  to an issue

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Federalism and Public Policy (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.

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Federalism at the national level

• Policy may also originate at the national level
• EX Civil Rights Acts
• Civil Rights activists attracted enough attention
  at the national level that they were able to
  force changes.

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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.

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Differences Among the States

• Political and economic differences among states
  give U.S. citizens wider opportunities for
  choosing the conditions under which they will
  live.
• Examples
• Some states do more to regulate business and
  industry
• Some states provide more health care and welfare
  services
• Some states have higher or lower taxes

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The Direction of Federalism

• In recent decades, Democrats have generally
  favored a nationalist position while Republicans
  have favored a states rights view.
• Because there is a balance in Congress between
  Democrats and Republicans policies have shared
  both views.