Essential Question

How does the overall power of the national government compare to that of the states?

Section 1

The Division of Powers

• The Constitution preserves the basic design of federalism—the division of government powers.

• It divides government authority between the national and state governments.

• The national and state governments also share some powers.

A. A

B. B

C. C

Section 4 – DQ1

What type of laws prohibit public officials from holding closed meetings?

A. sunshine laws

B. twilight laws

C. sunset laws

A B C

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A. A

B. B

C. C

D. D

Section 2 – DQ1

A B C D

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Returning a criminal who has crossed state lines to escape justice is called

A. an interstate compact.

B. immunity.

C. extradition.

D. full faith and credit.

A. A

B. B

C. C

Section 4 – DQ4

The organization of government administrators that carries out legislation is called:

A. bureaucracy.

B. federalism.

C. technocracy.

A B C

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A. A

B. B

C. C

D. D

Section 1 – DQ1

A B C D

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The Constitution divides government authority by giving certain specified powers to the national government and to

A. the states and the people.

B. the people and foreign diplomats.

C. allied countries.

D. the judicial branch.

A. A

B. B

C. C

D. D

Section 3 – DQ3

A B C D

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The federal government’s ability to take over a state government function is called

A. allocation.

B. preemption.

C. extradition.

D. regulation.

Section 1

National Powers

• The powers the Constitution grants the national government are called delegated powers.

• The three types of delegated powers are:

– Expressed powers—those powers directly expressed or stated in the Constitution by the Founders. Most of these powers are found in the first three articles of the Constitution.

Section 1

National Powers (cont.)

– Implied powers—the authority that the national government requires to carry out the powers that are expressly defined in the Constitution.

• The elastic clause is the basis for the implied powers because it allows the powers of Congress to stretch.

– Inherent powers—those powers that the national government may exercise simply because it is a government.

Section 1

The States and the Nation

• The powers the Constitution reserves strictly for the states are called reserved powers.

• States have authority over some matters not found in the Constitution.

• The supremacy clause—Article VI, Section 2—makes the acts and treaties of the United States supreme.

Division of Federal and State Powers

Section 1

The States and the Nation (cont.)

• Concurrent powers are those powers that the national government and states both have.

• Concurrently with the national government, the states may exercise any power not reserved by the Constitution for the national government given state actions do not conflict with national laws.

• Denied powers are those powers denied to all levels of government by Article I, Section 9 of the Constitution.

Section 1

Guarantees to the States

• The Constitution obliges the national government to do three things for the states:

– The national government must guarantee each state a republican form of government.

– The national government must protect states from invasion and domestic violence.

– The national government has the duty to respect the territorial integrity of each state.

A. A

B. B

C. C

D. D

Section 1 – DQ4

A B C D

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The national government is obliged to protect the states from

A. invasion.

B. natural disasters.

C. domestic violence.

D. all of the above.

Section 1

Admission of New States

• The Constitution gives Congress the power to admit new states to the Union. There are two restrictions on this power:

– No state may be formed by taking territory from one or more states without the consent of the states involved and of Congress.

– Acts of admission are subject to presidential veto.

Section 1

Admission of New States (cont.)

• An enabling act, when signed by the president, enables the people of a territory interested in becoming a state to prepare a constitution.

• The territory’s constitution is submitted to Congress who, if agreeable, passes an act admitting the territory as a state.

• Congress or the president may impose certain conditions before admitting a new state, including requiring changes in the drafted constitution submitted by a territory.

Section 1

Admission of New States (cont.)

• Once admitted to the Union, each state is equal to every other state and has rights to control its internal affairs.

• All states in the Union are bound to support the Constitution.

A. A

B. B

C. C

Section 1 – DQ5

Which of the following is NOT true about new states?

A. It has equal rights with other states.

B. It does not get representation in Congress for the first year.

C. It is bound to uphold the Constitution. A B C

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Section 1

National Governors’ Association

• The National Governors’ Association (NGA) supports federalism by helping governors in state policy making and in influencing national policy.

• Through the NGA, states share ideas on how to solve problems.

• By joining together, the governors have become a bigger part of national policy-making.

A. A

B. B

Section 1 – DQ6

State governors can influence national policy.

A. True

B. False

A B

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Section 1

Obligations of the States

• 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. According to the Constitution, no amendment can be added to it unless three-fourths of the states approve it.

A. A

B. B

C. C

D. D

Section 1 – DQ7

Which of the following is an obligation of the states?

A. coining money

B. conducting elections

C. providing an army

D. regulating interstate commerce

A B C D

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Section 1

The Courts as Umpire

• Because federalism divides the powers of government, conflicts often arise between national and state governments.

• By settling such disputes, the federal court system, particularly the Supreme Court, plays a key role of umpire for our federal system.

• Through the years, the Court’s view of how power should be divided between state and national governments has shifted in response to national trends and according to the makeup of the Court.

A. A

B. B

C. C

D. D

Section 1 – DQ8

A B C D

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Who settles most disputes between national and state governments?

A. the president

B. the Supreme Court

C. state governors

D. the Senate

Section 2

Interstate Relations

• Article IV of the Constitution requires that states must give “full faith and credit” to the laws, records, and court decisions of other states.

• This clause applies only to civil law, or laws relating to disputes between individuals, groups, or with the state.

• Judicial decisions in civil matters in one state will be honored and enforced in all states.

Section 2

Interstate Relations (cont.)

• One state cannot discriminate unreasonably against citizens of another state—they must have the same privileges and immunities as citizens of that state.

• The states must extradite—return to a state—criminals and fugitives who flee across state lines to escape justice.

• States must settle their differences with one another peacefully.

Section 2

Interstate Relations (cont.)

• Interstate compacts are written agreements between two or more states.

• Suits among two or more states are heard in the U.S. Supreme Court.

Examples of Interstate Compacts

Section 3-Academic Vocabulary

Academic Vocabulary

• convince

• subordinate

• allocate

A. A

B. B

C. C

Section 3-Polling Question

Which of these provisions has contributed most to the growth in power of the national government?

A. the war powers

B. the power to regulate interstate commerce

C. the power to tax and spend

A B C

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Section 3

States’ Rightists and Nationalists

• The states’ rights position is the view of federalism that favors state and local action in dealing with problems.

• This view is that the Constitution is a compact among the states.

• States’ rightists believe state governments are closer to the people and can better reflect their wishes than the national government.

Section 3

States’ Rightists and Nationalists (cont.)

• The nationalist position rejects the idea of the Constitution as a compact among the states.

• This view argues that because the people created both the national and state governments, the national government is not subordinate to the states.

Section 3

States’ Rightists and Nationalists (cont.)

• Nationalists believe the powers delegated to the national government should be expanded as necessary to carry out the people’s will.

• Nationalists also believe the national government stands for all the people, while each state speaks for only part of the people.

A. A

B. B

Section 3 – DQ1

Which position rejects the idea of the Constitution as a compact among the states?

A. nationalist position

B. states’ rights position

A B

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Section 3

Growing National Government

• To meet the needs of a modern nation, the Supreme Court, Congress, and the president have stretched the powers of the central government using three provisions of the Constitution:

– The war powers—the national government has been given the authority to wage war.

– The power to regulate interstate commerce.

Section 3

Growing National Government (cont.)

– The power to tax and spend—the Sixteenth Amendment gave Congress the power to levy an income tax.

• Sometimes Congress uses taxes to regulate businesses.

• Congress can use taxes to influence states to adopt certain programs.

A. A

B. B

C. C

D. D

Section 3 – DQ2

A B C D

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Which constitutional provision is supported by the Sixteenth amendment?

A. the direct election of Senators

B. the right for all citizens to vote

C. the power to tax

D. the limit on presidential terms

Section 3

Federal Aid to the States

• Congress has two major ways to influence the policies of state and local governments:

– by providing federal grants of money, and

– by mandating state and local governments to follow certain policies.

Federal Revenue Returns to the States, 2005

Section 3

Federal Aid to the States (cont.)

• The national government provides money to the states through federal grants— sums of money given to state or local governments for specific purposes.

• Taxes are collected by the federal government from the states and then allocated through grants to people in many states.

Federal Revenue Returns to the States, 2005

Section 3

Federal Aid to the States (cont.)

• Since the mid-1960s, Congress has used preemption—the federal government’s ability to take over a state government function.

• Preemption laws can limit state and local authority by restraining their power or by mandating them to do certain things.

Federal Revenue Returns to the States, 2005

Section 4

Federalism and Public Policy

• When a government settles on a course of action, it is called public policy.

• Federalism influences public policy in two ways:

– It influences how and where policies are made.

– It places certain limits on policy making.

Section 4

Federalism and Public Policy (cont.)

• A sunset law is a provision in a law that sets an automatic end date for the law.

• Lawmakers are forced to review the need for continuing law beyond that date.

• Sunshine laws prohibit public officials from holding closed meetings.

Section 4

Federalism and Political Parties

• Federalism makes it possible for different political parties to be victorious in state, local, and federal elections.

• This lessens the risk of one party having a monopoly of political power.

A. A

B. B

C. C

D. D

Section 4 – DQ2

A B C D

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By allowing different political parties to be victorious in state, local and federal elections federalism lessens the risk of

A. two parties having equal political power.

B. creating new political parties.

C. one party having all of the political power.

D. disputes between political parties.

Section 4

Political Participation

• Federalism provides for political participation of citizens by allowing them to:

– run for local office,

– lobby the state government, and

– campaign for a candidate for national office.

Section 4

Political Participation (cont.)

• American federalism gives citizens many points of access to government leaders and increases their opportunities for influencing public policy.

• Americans have the chance to vote often for governors, state lawmakers and many other state and local officials.

• Americans may work with special-interest groups to influence national policies and state and local government agencies.

Section 4

Political Participation (cont.)

• Federalism provides an increased chance that one’s political participation will have some practical impact on policy.

A. A

B. B

C. C

D. D

Section 4 – DQ3

A B C D

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Federalism encourages citizen participation in politics by allowing them to

A. run for local office.

B. lobby the state government.

C. campaign for a national candidate.

D. all of the above.

Section 4

Federalism’s Bureaucrats

• The great increase in federal programs in the mid-1930s called for a large bureaucracy, or organization of government administrators, to carry out legislation.

• The increase in federal programs has changed how state and federal officials relate to one another.

Government Employees

Section 4

Differences Among the States

• Federalism allows for real economic and political differences among the states because it permits each state considerable freedom in arranging its own internal affairs.

• Because states create different economic and political environments, Americans can choose among a range of conditions under which they want to live.

A. A

B. B

C. C

Section 4 – DQ5

Federalism provides for economic differences among the states by

A. passing federal laws that require it.

B. imposing interstate commerce laws.

C. giving states freedom to arrange its internal affairs.

A B C

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Chapter Summary start

Federal System

• The Constitution delegates certain powers to national government

• Some powers are shared by the federal government and states

• All other powers are reserved to the states or the people

Chapter Summary

Developing Federalism

• States’ rights position favors the power of states over national government

• Nationalist position favors supremacy of national government over states

• Size and power of national government expanded over the years to meet the needs of a modern industrial nation

• Today states are gaining responsibility as federal government loosens regulations

Chapter Summary

Federalism and Politics

• Federalism determines whether public policy originates at local, state, or national level

• Federalism lessens the risk of one political party monopolizing power

• Federalism gives citizens greater opportunities to participate in politics