FOUNDATIONS OF GOVERNMENT

Federalism

CHAPTER 4 WARM-UP
Imagine you are in each of the situations below and you want someone to help
you address it. Would you contact someone at the local, state, or federal level?
Then explain why you picked that level of government.
Situation #1: There is a huge pothole in the road in front of your house

Situation #2: You think someone is stealing the mail from your mailbox
Situation #3: When you were looking for an apartment, you feel sure a
property manger turned you down because of your race or national
origin.

Situation #4: You live a mile of a nuclear weapons plant and you learned
that a fifth neighbor has become very ill
Situation #5: You want to get married

Situation #6: You want to object to how high your taxes are

FOUNDATIONS OF GOVERNMENT
Federalism

LESSON 1: DIVIDING AND SHARING POWER

 It was a new approach of governing the people

Federalism-two or more governments exercise

power over the same people and the same

territory

In this system the federal government has some

special powers over al citizens

The states have certain powers reserved for

them

They are supposed to share some powers

It can end with some disagreements on the

right formula for dividing and sharing power

National Powers
The Constitution grants both expressed and

implied powers to the national government

Expressed powers (enumerated powers) are

those powers directly expressed or stated in

the Constitution

Implied powers are those powers that are not

stated specifically in the Constitution

State and local powers

States have more powers

The Constitution says that states will have any

powers not delegated to the national

government (Reserved Powers)

Powers include: conduct elections, education,

regulated business and trade within the state

Concurrent Powers
Shared powers between the federal government and state

government

Each level of government operates independently

State actions must not conflict with any national laws

Denied Powers
The Constitution denies power to all levels of

government

Neither government can:

Pass retroactive laws (punish actions before law passed)
Tax exports

Hold or sentence a person to jail without fair trial

Pass any law that violates the Constitution

Grant tiles of nobility

The Supremacy Clause

Article VI makes the acts and treaties of the

United States supreme

No state law or state constitution may

conflict with any form of national law

Local governments can not come into

conflict with their own state constitution as

well as the federal government

CRITICAL THINKING QUESTIONS

1. Why would it be important to you to understand which level of

government has a certain power?

2. Why did the Founders create this system of shared powers?

3. Why did Founding Fathers create the federalist system rather than

using a unitary form of government or confederation?

4. In your opinion, has the federalist system worked the way that the

founding fathers planed?

Answer all questions in two sentences, one to answer the question. Your
second sentence should be used to explain your answer. You have 10
minutes.

LESSON 2: RELATIONS BETWEEN THE NATIONAL

AND STATE GOVERNMENTS

Republican Form of Government and Protection

The national government must guarantee each

state a republican form of government

Voters must hold sovereign power

The national government must protect states

from invasion and unrest within the United

States, or attacks by foreign power

Congress has given the president authority to

send federal troops to a state where there is

civil unrest and the governor or state
legislature has requested help

The president can send troops in to a state that

violate federal laws

The national government can also intervene in

the aftermath of a natural disaster

Territorial Integrity and Admission of New States

Article IV, Section 3 says that the national government

has the duty to respect the territorial integrity of each

state

The Constitution also gives Congress to pass laws that

allow new states to join the nation

Like all other laws, the admission of new states is

subject to presidential veto

Before a territory can become a state, Congress must

pass an enabling act, so the territory can develop a

constitution

Once the constitution is approved by popular vote in

the territory, Congress then votes on whether or not to

accept the proposal

Obligations of the States

Two functions states perform for the national

government:

State and local governments conduct and pay for

elections of all national government officials

States play a key role in the process of amending the
Constitution

Federal Aid
The national government has always provided

different types of aid to the states

The main form of aid is through federal grants

Sums of money given to state or local governments for specific

purposes

Federal grants redistribute income among the states

Funds come at a price, with aid comes federal control

and red tape

Funds are only given if the state or local government

are willing to meet certain conditions

Mandates and Preemption

Mid-1960s Congress has taken over some functions

that used to be controlled by the state governments

A mandate is a law that requires states to take on an

activity or provide a service that meets minimum

national standards

Congress may also pass a restraint that limits a states

ability to regulate an area

Congress can pass laws that allow the national

government to assume responsibility for a state

government function (preemption)

 Federalism divides the powers of government,

but conflicts do arise between the federal and

state governments

The federal court system, Supreme Court,

plays a key role to end these disputes

McCulloch v. Maryland (1819)-concluded that

when the national government and a state

government come into conflict, the national
government is supreme

Throughout the years, the Supreme Court has

shifted on this issue, sometimes siding with

the national government other times the state.

DEBATING PERSPECTIVES ON IMMIGRATION LAWS

1. Why did Arizona say it needed this law?
2. Do you think Arizonas reason is valid?

3. Did the justices follow party lines as suggested in the video?

4. Why do you think that immigration is such a big issue for the states?
5. If you were running this country how would you handle immigration

issues? Explain

LESSON 3: STATE POWERS AND INTERSTATE

RELATIONS

Regulating and Promoting Business

States regulate corporations within their borders and

promote those businesses

The main goal is to help the states economy and

provide employment for state residents

States regulate business to also protect the consumer

States regulate business to protect the worker, to

ensure safe and sanitary working conditions

States also might provide minimum wage

Crime
Protecting life and property is the responsibility of state and

local governments

States call laws that protect citizens from certain crimes criminal

codes

Each state sets its own system of punishment

Local governments typically enforce these state laws

State courts handle the great majority of all criminal cases

Education, Health, and Welfare

Education is traditionally controlled by local governments, but

the states finance about half of education, feds 10%

Health care: states license doctors and dentists, require vaccines

for children, support public hospitals

Governments provide aid to needy families with children, people

with disabilities, and to people who cannot afford health care.

Environment
States try to preserve their natural resources by regulating air

and water pollution

Regulations impact the health of residents and the economy of

the states

Difference Among the States

Federalism permits considerable freedom to each state in setting

its own laws, regulations, taxes, criminal codes, and budget

priorities

States can come into conflict because of federalism

Privileges and Immunities

The Founders wanted to protect citizens as they traveled

between the states

The Constitution provides that the Citizens of each State shall be

entitled to all Privileges and Immunities of Citizens in the several

States.

One state cannot discriminate unreasonably against citizens of

another state

The courts have never given a complete listing of all possible

privileges and immunities.

Residency of a state depends on how a state defines residency

States can treat out-of state residents differently if distinction is

reasonable (example: higher college tuition to state colleges)

Interstate Compacts
The Constitution requires the states to settle their differences

with one another peacefully

Principal way states settle disagreements is by negotiating

interstate compacts (written agreements between 2 or more

states)

Congress must approve interstate compacts, this prevents states

from threating the Union by making alliances among themselves

Once a compact has been signed and approved by Congress it is

binding and enforced by the Supreme Court

Lawsuits Between States

Sometimes states are unable to resolve their disputes through

negotiation or interstate compacts, they can sue each other

Reasons to sue another state:

Cases in the West often involve water rights
States fight over the sewage from one state polluting the water of

another
States fight over boundary lines

EXPLORING WHAT IS CONSIDERED REASONABLE

Below are a list of scenarios you must determine whether the are reasonable
and unreasonable. You also must explain why you answered it that way.
Charging them higher fines for traffic offenses
Charging them higher tuition at state universities
Banning them from getting a job in the state

Banning them from serving on a jury in the state

Stopping them from voting
Stopping them from speaking at a public hearing in the st

LESSON 4: DIFFERING VIEWS ABOUT

FEDERALISM

State and Local Policies

States and local governments can serve as proving grounds for

the development and testing of new policies

In many cases amendments get created because multiple states

have laws already in place giving people that right (19th

amendment, 18th amendment, 26th amendment)

Sunset law is a provision in a law that sets an automatic end date

for the law

Sunshine law which prohibits public officials from holding official

meetings that are closed to the public

National Policies
Public policy is created at the national level and states follow
The national government may impose policies on states if it

believed those states were infringing on groups basic rights

National Power and the Commerce Clause

Supreme Court decisions have expanded the constitutional power

of the national government to regulate interstate commerce

The Court has interpreted the term commerce to mean almost any

activity connected with producing, buying, selling, and

transporting goods across state lines

The Court has also issued few ruling that limit the legislative

powers that the commerce clause grants to the federal government

Supporters of Stronger State and Local Government Powers

21st century conservatives (Republican, Tea Party, libertarians)

They believe that the 10th amendment sets clear limits on the

power of the national government and states have more power

They believe that the state and local governments are closer to

the people and know how to best help them

Tend to use the term big government

They are more likely to oppose broad federal laws and

regulations that limit states authority to legislate as they wish

Supporters of Stronger National Government Powers

21st century liberals (Democratic Party and Progressives)
They believe that the Founders confirmed that they tended to

create a strong national government

They use the supremacy clause to argue tha the national

government should be supreme in matters of public policy

They believe that under the elastic clause the powers expressly

delegated to the national government should be expanded

They believe that the national government is better equipped

to solve some major social and economic problems

 Federalism increases opportunities for American

citizens to participate in politics

American federalism gives citizens many points of

access to government and increase their

opportunities for influencing public policy

Citizens may also work with special interest

groups to influence national policies and state and

local government agencies

A related effect of federalism is an increased

chance that ones political participation will have

some practical impact on policy