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Federalism

Federalism. “The true ‘essence’ of federalism is that the States as States have legitimate interests which the National Government is bound to respect even though its laws are supreme” ~Justice Sandra Day O’Connor (1985). Section 1 Federalism: The Division of Power. Federalism Defined

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Federalism

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  1. Federalism “The true ‘essence’ of federalism is that the States as States have legitimate interests which the National Government is bound to respect even though its laws are supreme” ~Justice Sandra Day O’Connor (1985)

  2. Section 1Federalism: The Division of Power • Federalism Defined • The system of Federalism provides for • Local action in matter of local concern • A duel system of Government • Strength through unity • Powers of the National Government • The National Government can legally exercise expressed, implied, and inherent powers.

  3. Section 1Federalism: The Division of Power • Powers of the National Government(The Expressed Powers) • A typical example of expressed power of the National Government is the power to coin money. (The Implied Powers) • These are not expressly stated in the Constitution but are reasonably suggested – implied – by the expressed powers.

  4. Section 1Federalism: The Division of Power (The Inherent Powers) • Belong to the National Government because it is a sovereign state within the world community. • The Exclusive and the Concurrent Powers • Exclusive powers are those that the National Government can exercise ALONE

  5. Section 1Federalism: The Division of Power • The Exclusive and the Concurrent Powers • Concurrent powers are those that are exercised simultaneously by the National and State Governments. • The Federal System and Local Governments • Local governments derive their power from State constitutions and State laws.

  6. Section 1Federalism: The Division of Power • The Supreme Law of the Land (The Supremacy Clause) • In the Supreme Court case of McCulloch v. Maryland, the Supreme Court’s ruling was based upon the Supremacy Clause.

  7. Section 2The National Government and the 50 States • The Nation’s Obligation to the States (Republican Form of Government) • The Constitution requires the National Government to guarantee a republican form of government for every state. • The National Government has several obligations to the States, including such things as; • Protection against foreign attack and domestic violence • Guarantee of a representative form of government • Recognition of each State’s legal existence and physical boundaries

  8. Section 2The National Government and the 50 States • Admitting New States (Admission Procedure) • An enabling act directs any area desiring Statehood to prepare a constitution. • An act of admission is the Congresses approval of creating an new State.

  9. Section 2The National Government and the 50 States • Cooperative Federalism (Federal Grants-in-Aid) • The best-known examples of this inter-governmental cooperation are the many federal Grants-in-aid Programs – grants of federal money or other resources to the States and/or their cities, counties, and other local units.

  10. Section 2The National Government and the 50 States • Cooperative Federalism (Revenue Sharing) • From the States’ point of view, revenue sharing has an advantage over federal grants-in-aid programs because there are few restrictions on how the money can be spent. (Types of Federal Grants) • Categorical Grants are funds given to a State by the National Government with special conditions attached.

  11. Section 3Interstate Relations • Interstate Compacts • Interstate Compacts are agreements that states enter into with both foreign nations and other States with the consent of Congress. • Full Faith and Credit • The Full Faith and Credit Clause of the Constitution provides that State laws and court decisions must generally be honored by other States. • States must honor the legality of one another’s civil laws because of the Full Faith and Credit Clause.

  12. Section 3Interstate Relations • Extradition • Citizens who commit a crime in one State and then flees to another State to escape prosecution are to be returned to the original State underthe law of extradition. • Privileges and Immunities • This clause, known as the Privileges and Immunities Clause, means that no State can draw unreasonable distinctions between its own residents and those persons who happen to live other States.

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