CHAPTER 4
FEDERALISM
SECTION 1: THE DIVISION OF POWER
SECTION 2: THAT NATIONAL GOVERNMENT and the 50
STATES
SECTION 3: INTERSTATE RELATIONS
THE DIVISION OF POWER
Framers realized two things
1) strong central government is cause of Revolution
2) Articles of Confederation made Government weak
Why Federalism?
1) governmental power poses a threat to individual liberty
2) governmental power must be restrained
3) dividing the power prevents governmental abuse
THE DIVISION OF POWER
FEDERALISM -
DIVISION OF
a system of government POWERS in which a written
constitution divides the
powers of government
on a territorial basis
between central or
national government
and regional
governments called
states
it assigns certain powers
to the National
Government and certain
powers to the States.
Dual system of government.
THE DIVISION OF POWER
Powers of the National Government
1) Delegated Powers - it has only those powers
delegated to it in the Constitution
3 Distinct types
1) Expressed Powers
2) Implied Powers
3) Inherent Powers
THE DIVISION OF POWER
Expressed Powers - spelled out specifically in
the Constitution.
Implied Powers - not expressly stated in the
Constitution but reasonably suggested by the
expressed powers.
Inherent Powers - powers that belong to the
National Government because it is a government of
a sovereign state within in the world.
THE DIVISION OF POWER
Powers Denied to the National Government
1) Expressly in wording (freedom of religion)
2) It only has the powers given by the Constitution
3) Denied by the federal system itself
could take action that would threaten it directly
THE DIVISION OF POWER
The States:
State government is just as important
as is the National Government
Powers Reserved to the States - are those powers that
the Constitution does not grant to the National
Government, and does not at the same time deny, to
the states (reserved powers)
Powers Denied to the States - expressly and inherently
THE DIVISION OF POWER
The Exclusive and the Concurrent Powers:
Exclusive Powers - powers that can be
exercised by the National Government alone.
Concurrent Powers - these are powers that
the National Government and States share and
exercise.
National Government and the 50 States
Constitution requires that the National Government
“guarantee to every State in this Union a Republican
Form of Government.” (Art. IV Sec. 4)
What does it mean? REPRESENTATIVE GOVERNMENT
National Government must protect against invasion
Must respect the territorial integrity of each state
National Government and the 50 States
Admitting New States:
territory asks Congress for admission to the U.S.
If Congress chooses they pass the enabling act
Enabling Act - directing the people of the
territory to frame a proposed State constitution.
Act of Admission - created after reviewing
proposed constitution and creates a new state.
Must still be approved by the President
INTERSTATE RELATIONS
Although no state can enter into an agreement or treaty
States can enter into Interstate Compacts
agreements among themselves and with foreign
states.
Not required to gain congressional approval
Full Faith and Credit Clause - states must accept
court rulings from other states.
Civil v. Criminal / divorces
INTERSTATE RELATIONS
Extradition - the legal process by which a fugitive from
one state is returned to that state.
Privileges and Immunities Clause - means that no
state can draw unreasonable distinctions between its
own residents and those person who happen to live in
other states.