Am gov ch04

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Magruder’s
American Government
CHAPTER 4
Federalism

© 2001 by Prentice Hall, Inc.

CHAPTER 4

Federalism
SECTION 1Federalism: The Division of Power
SECTION 2
The National Government and the 50 States
SECTION 3Interstate Relations

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Chapter 4

SECTION 1

Federalism: The Division of Power

•

What is federalism, and why was it chosen by the
Framers?

•

What powers are delegated to and denied to the
National Government, and what powers are reserved
for and denied to the States?

•

What exclusive powers does the National Government
have, and what concurrent powers does it share with
the States?

•

What place do local governments have in the federal
system?

•

How does the Constitution function as “the supreme
Law of the Land?”
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Chapter 4, Section 1

Why Federalism?

The Framers were dedicated to the concept
of limited government. They were convinced
(1) that governmental power poses a threat to
individual liberty,
(2) that therefore the exercise of governmental
power must be restrained, and
(3) that to divide governmental power, as
federalism does, is to curb it and so prevent its
abuse.
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Federalism Defined
Federalism is a system of government in
which a written constitution divides the
powers of government on a territorial basis
between a central, or national, government
and several regional governments, usually
called states or provinces.
The Constitution provides for a division of powers, assigning certain powers to the
National Government and certain powers to the States.

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Powers of the National Government
The National Government is a government of delegated
powers, meaning that it only has those powers delegated
(granted) to it in the Constitution. There are three types of
delegated powers:
•
•
•

The expressed powers are those found directly within the Constitution.
The implied powers are not expressly stated in the Constitution, but are reasonably suggested, or implied by, the expressed powers.
The inherent powers belong to the National Government because it is the government of a sovereign state within the world community. There are
few inherent powers, with an example being the National Government’s ability to regulate immigration.

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Powers Denied to the National Government
Powers are denied to the National
Government in three distinct ways:

•

Some powers, such as the power to levy duties on exports or
prohibit the freedom of religion, speech, press, or assembly, are
expressly denied to the National Government in the Constitution.

•

Also, some powers are
denied to the National
Government because
the Constitution is silent
on the issue.

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•

Finally, some powers are denied
to the National Government
because the federal system does
not intend the National
Government to carry out those
functions.


The States
Powers Reserved to the
States

•

The 10th Amendment
declares that the States
are governments of
reserved powers.

•

The reserved powers are
those powers that the
Constitution does not grant
to the National
Government and does not,
at the same time, deny to
the States.
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Powers Denied to the
States

•

Just as the Constitution
denies many powers the
National Government, it
also denies many powers
to the States.

•

Powers denied to the
States are denied in much
the same way that powers
are denied to the National
Government; both
expressly and inherently.

The Exclusive and Concurrent Powers
Exclusive Powers

Concurrent Powers

•

Powers that can be
exercised by the National
Government alone are
known as the exclusive
powers.

•

The concurrent powers
are those powers that both
the National Government
and the States possess
and exercise.

•

Examples of the exclusive
powers are the National
Government’s power to
coin money, to make
treaties with foreign states,
and to lay duties (taxes) on
imports.

•

Some of the concurrent
powers include the power
to levy and collect taxes, to
define crimes and set
punishments for them, and
to claim private property for
public use.

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The Federal System and Local Governments

• There are more than 87,000 units of local
government in the United States today.

• Each of these local units is located within

one of the 50 States. Each State has
created these units through its constitution
and laws.

• Local governments, since they are created

by States, are exercising State law through
their own means.
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The Division of Powers
The federal system
determines the way
that powers are
divided and shared
between the
National and State
governments.

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The Supreme Law of the Land
The Supremacy Clause in the Constitution establishes the Constitution
and United States laws as the “supreme Law of the Land.”

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Section 1 Review
1. The expressed powers granted to the National Government are
found
(a) in the Constitution.
(b) in the Declaration of Independence.
(c) in common law.
(d) in State constitutions.

2. The reserved powers
(a) are granted by the Articles of Confederation.
(b) are powers granted to only local governments.
(c) are those powers that the Constitution does not grant to the National
Government and does not, at the same time, deny to the States.
(d) are those powers that the Constitution grants only to National Government.

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SECTION 2

The National Government and the 50 States

• What obligations does the Constitution place
on the nation for the welfare of the States?

• How are new States admitted to the Union?
• What are the many and growing areas of
cooperative federalism?

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The Nation’s Obligations to the States
Republican Form of Government

•

The Constitution requires the National Government to
“guarantee to every State in this Union a Republican Form
of Government.”

Invasion and Internal Disorder

•

The National Government is also required to provide
defense of the States from foreign invasion, and aid in
protecting against “domestic Violence” in the States.

Respect for Territorial Integrity

•

The National Government is constitutionally bound to
respect the territorial integrity of each of the States.
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The Major Disaster Process

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Admitting New States

• Only Congress has the power to admit new
States to the Union.

• Congress first passes an enabling act, an
act directing the people of the territory to
frame a proposed State constitution.

• If Congress agrees to Statehood after

reviewing the submitted State constitution, it
passes an act of admission, an act creating
the new State.
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Cooperative Federalism
Even though the basis of federalism is the division
of powers between levels of government, there is
still much cooperation between them.
Federal Grants-in-Aid

•

Grants-in-aid programs
are grants of federal
money or other
resources to the States
and/or their cities,
counties, and other local
units.
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Revenue Sharing

•

Revenue sharing, used
between 1972 and 1987,
gave an annual share of
federal tax revenues to
the States and their local
governments.


Federal Grants
Congress appropriates money for three types of
grants-in-aid:
Categorical Grants

•

Categorical grants are made for some specific, closely defined purpose, such
as school lunch programs or the construction of airports or water treatment
plants. There are usually conditions, or “strings,” attached to regulate the use of
these funds.

Block Grants

•

Block grants are portions of money allocated to States to use for broader
purposes, such as health care, social services, or welfare. Block grants often
are granted with fewer strings attached.

Project Grants

•

Project grants are provided to States, localities, and sometimes private
agencies that apply for them. They are used for a variety of purposes ranging
from medical research to job training and employment programs.
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Section 2 Review
1. The Constitution requires the National Government to provide all
of the following to the States EXCEPT
(a) a republican form of government.
(b) protection from invasion or internal disorder.
(c) a national health care system.
(d) respect for territorial integrity.

2. An example of cooperative federalism is seen in
(a) admitting new States.
(b) federal grants-in-aid.
(c) the Supreme Court.
(d) the exclusive powers.

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SECTION 3

Interstate Relations

• Why do States make interstate compacts?
• What is the purpose of the Full Faith and
Credit Clause?

• What is extradition, and what is its purpose?
• What is the purpose of the Privileges and
Immunities Clause?

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Interstate Compacts
No State may enter into any treaty, alliance,
or confederation.
However, the States may, with the consent of Congress, enter into interstate compacts—agreements among
themselves and with foreign states.

More than 200 compacts are now in force, and range in a variety of uses from
sharing law-enforcement data to resource development and conservation.

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Full Faith and Credit
The Full Faith and Credit Clause of the
Constitution ensures that States
recognize the laws and, documents, and
court proceedings of the other States.
There are two exceptions to the clause though:
(1) One State cannot enforce another State’s criminal laws.
And,
(2) Full faith and credit need not be given to certain divorces
granted by one State to residents of another State.
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Extradition

• Extradition is the legal

process by which a
fugitive from justice in
one State is returned to
that State.

• Extradition is upheld

through Article IV,
Section 2, Clause 2 of
the Constitution.

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• Governors are the

State executives that
handle the extradition
process.

• If a governor is

unwilling to return a
fugitive to a State,
federal courts can
intervene and order
that governor to do so.


Privileges and Immunities

•

The Privileges and Immunities Clause provides that
no State can draw unreasonable distinctions between
its own residents and those persons who happen to
live in other States.

•

States cannot, for example, pay lower welfare benefits
to newly arrived residents than it does to its long-term
residents, Saens v. Roe, 1999.

•

However, States can draw reasonable distinctions
between its own residents and those of other space,
such as charging out-of-State residents higher tuition
for State universities than in-State residents.
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Section 3 Review
1. The Full Faith and Credit Clause guarantees that in most cases
(a) a State will recognize the laws, documents, and court rulings of another State.
(b) States will provide for consumer credit cards.
(c) a State will be able to supercede the laws of the Constitution.
(d) States can ignore the laws and regulations of the other States.

2. States can charge higher tuition rates for State universities to outof-State residents under the
(a) Full Faith and Credit Clause.
(b) extradition clause.
(c) Privileges and Immunities Clause.
(d) Northeast Dairy Compact.

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