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This chapter explores the federal system in the United States, detailing the distribution of powers between national and state governments as outlined in the Constitution. It defines three types of powers: expressed, implied, and inherent, and distinguishes reserved and concurrent powers of state governments. The chapter also examines interstate relations, including the full faith and credit clause and the privileges and immunities for citizens. It discusses the ongoing debate between states' rights and nationalist perspectives, alongside the federal influence through aid, and provides insights on the pros and cons of federalism in public life.
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Chapter Four The Federal System
Section 1: National and state powers • Three types of powers granted [delegated] by the Constitution to the national government • Expressed (def) – those powers stated in the Constitution. • Usually found in the 1st three articles of Constitution • Also called enumerated powers
Section 1 (cont’d) • Implied Powers • (def) – powers that the national government has/requires to carry out their expressed powers. • Ex. power to coin money (expressed) = power to build a mint (implied)
Section 1 (cont’d) • Inherent Powers • (def) – those powers that a national government may use simply because it is a government • Ex. The government controls immigration
Section 1 (cont’d) • State Government Powers • Reserved (def) – powers given strictly to the states/people by the Constitution • They are not specific • Authority over matters like education, licensing, marriage
Section 1 (cont’d) • Concurrent Powers • (def) – powers both the national and state government have • Ex. collect taxes, maintain courts, define crimes, borrow $
Section 1 (cont’d) • Constitutional obligations to the states • republican form of government • protection from invasion and/or domestic violence • territorial integrity
Section 1 (cont’d) • Constitutional obligations of the states • participation in the amendment process • conduct and pay for elections of all national government officials
Section 2: relations Among States • Interstate Relations according to Article IV • full faith and credit • Each state must recognize the laws and legal proceedings of the other states • Why an issue now ?
Section 2 (cont’d) • Privileges and Immunities • One state may not discriminate unreasonably against citizens of another state • Ex. driving through a state, buying property, use the courts
Section 2 (cont’d) • Extradition • States are responsible to return those charged with a crime or having fled from conviction of a crime to the state of original jurisdiction
Section 2 (cont’d) • Interstate Compacts • (def) – written agreements between states that must be approved by Congress • Ex. Northeast Interstate Dairy Compact
Section 3: Issues of Federalism • States Rights • favor state and local action in dealing with problems • believe state governments are closer to the people and better respond to them • use 10th amendment
Section 3 (cont’d) • Nationalists • favor national action to solve problems • believe people created all forms of government therefore national government is not subordinate to states • use the “necessary and proper” clause of Article I Section 8 clause 18
Section 3 (cont’d) • Federal Aid to the States • Federal government uses money to influence state and local governments • Money is given in the form of aid usually grants or block grants ex. ADA of 1990 – requires access to all public buildings so grants given to complete requirements
Section 4: Federalism and public life • Pros • Ideas get “tried out” at the state level first • Sunset laws ~ periodic checks of government agencies • Sunshine laws ~ public meetings cannot be closed • Grass roots participation
Section 4 (cont’d) • Cons • Increase in bureaucracy • “who’s in charge” ?? • Lack of consistency
