the relationship between nation & statesfederalism: divided powers: nation/state/local...

The Relationship between Nation &

States

1. What are expressed, implied, and inherent powers?

2. What are exclusive, concurrent, and reserved powers?

3. How do grant programs reflect federalism in practice?

Federalism: Divided powers: Nation/State/Local governments

Division of powers: National government has some powers & states have some powers

"The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.“

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Known as the elastic clause It stretches the power of the national government by allowing it to make laws when needed.

Maryland taxed the Federal Bank (trying to put it out of business)

James McCulloch (bank manager) refused to pay Supreme Court under Chief Justice John Marshal ruled Congress had the power to create a national bank under the Necessary and Proper Clause of the Constitution

Why?

IF the Constitution

gave Congress the expressed power to tax,

THEN it could be reasonably

implied that it also had the

power to create a bank.

This case created the idea of

implied powers, and of an even

stronger national government.

10th Amendment:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Federal Government only has powers, or powers specifically given to it in the Constitution

All powers not specifically given to the national government or denied to the states are

and belong to state governments

Express Powers • Written directly in the Constitution

Implied Powers • Not written in the Constitution, but necessary

and reasonable for the government to have • Based on the Necessary and Proper Clause

Inherent Powers • Not in the Constitution because these are

obvious powers all sovereign states have.

Delegated (Express) Powers

• Coin money • Regulate

interstate & foreign trade

• Declare war • Govern US

territories & admit new States

• Conduct foreign relations

Concurrent Powers

• Levy & collect taxes

• Borrow money • Establish courts • Define crimes

and set punishments

• Claim private property for public use (eminent domain)

Reserved Powers

• Regulate trade and business within the state

• Establish public schools

• Pass license requirements for professionals

• Regulate alcoholic beverages

• Conduct elections

• Establish local governments

Expressly Denied

• The Constitution specifically forbids the national government from specific powers:

• No bill of attainders

• No ex-post facto laws

• No national religion

Implicitly Denied

• All powers not delegated are reserved (10th Amendment)

• National powers must be specifically delegated.

Inherently Denied

• Some powers just are not the National government's job!

• (Trash collection)

Expressly Denied

• Constitution says the states do not have certain powers:

• States cannot tax each other’s trade

Implicitly Denied

• If the job is delegated, then it is not reserved.

• National government coins money, not states

Inherently Denied

• States do not have the power because it is obviously the job of a national government

• Control borders, immigration, or foreign affairs

While national government foots (part of) the bill, the states administer within federal guidelines.

Cate

gori

cal

Categorical:

Specific Projects, competitive with other states

Blo

ck

Block:

General programs (health, education, etc.) G

ener

al R

even

ue

Shar

ing General Revenue

Sharing:

No strings attached

Federal money comes with strings attached. States have to pay some cost Federal government sets rules to get the money Federal government monitors states Leads to state dependence on national

government Examples: NCLB & national drinking age

All regions of the nation compete and are represented

Allows for participation in Federal government

Not all states get the same amount of cash!

Too many governments? (87,000)

Local interests can contradict national priorities (bridge to nowhere)

Underfunded Federal programs

States

(50)

Counties (3,034)

Municipalities (19,429)

Townships or Towns (16,504)

School Districts (13,506)

Special Districts (35,052)

Total: 87,576

1. Why do States make interstate compacts?

2. What is the purpose of the Full Faith and Credit Clause?

3. What is extradition, and what is its purpose?

4. What is the purpose of the Privileges and Immunities Clause?

No State may enter into any treaty, alliance, or confederation.

Interstate compacts: Agreements among themselves or with foreign states (with Congresses approval). Why? Law Enforcement Conservation Resource Development

21

Article IV: Section 1: 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 three exceptions to the clause: 1. One State cannot enforce another State’s

criminal laws 2. Divorces granted by one State to residents of

another State 3. Same-sex marriages in one state do not have to

be honored by another

Article IV, Section 2, Clause 2 Extradition: Returning a

fugitive to the state where they committed the crime

Governors 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.

Amendment XIV, Section 1, Clause 2 No State can draw unreasonable distinctions between its own residents and those persons who live in other States.

• Paying lower welfare benefits to newly arrived residents than it does to its long-term residents

• Charging out-of-State residents higher tuition for State universities than in-State residents.

Alabama It is illegal for a driver to be blindfolded while operating a vehicle.

California It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale.

Florida Women may be fined for falling asleep under a hair dryer, as can the salon owner. Men may not be seen publicly in any kind of strapless gown.

Kansas Prohibits shooting rabbits from a motorboat.

Louisiana It is illegal to rob a bank and then shoot at the bank teller with a water pistol.

New York It is against the law to throw a ball at someone's head for fun. A license must be purchased before hanging clothes on a clothesline. The penalty for jumping off a building is death.

Wisconsin Fake butter may not be served in state prison. One may not camp in a wagon on any public highway Livestock have the right of way on public roads.

Washington It is mandatory for a motorist with criminal intentions to stop at the city limits and telephone the chief of police as he is entering the town It is illegal to display a hypnotized or allegedly hypnotized person in a store window

the relationship between nation & statesfederalism: divided powers: nation/state/local...

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