What is the system of federalism? Why did the founding fathers want this system in place?

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• What is the system of federalism? Why did the
  founding fathers want this system in place?

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Federalism The Division of Power
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Government Powers(Division of Powers)
Powers Granted
10th Amendment
Expressed Implied Inherent
National Government
State Government
Delegated Powers
Reserved Powers
Concurrent Powers
Denied Both
Denied States
Denied National
Powers Denied
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Government Powers(Division of Powers)
Powers Granted
Expressed Implied Inherent

• Expressed
• Spelled out in the Constitution
• Article I, Section 18
• 18 clauses giving 27 powers
• Tax
• Coin money
• Regulate trade
• Declare war
• Grant patents

National Government
Delegated Powers
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Government Powers(Division of Powers)
Powers Granted
Expressed Implied Inherent

• Implied
• Not written in Constitution, but reasonably
  suggested
• Article I, Section 18, Clause 18
• necessary and proper
• The Elastic Clause
• Build dams
• Highways roads
• Determine crimes

National Government
Delegated Powers
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Government Powers(Division of Powers)
Powers Granted
Expressed Implied Inherent

• Inherent
• Not written in Constitution, but belong to
  national governments
• Regulate immigration
• Grant diplomatic recognition to nations
• Protect the nation

National Government
Delegated Powers
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Government Powers(Division of Powers)

• Denied
• Expressly denied
• Infringe on rights (speech, press, etc.)
• Silence in Constitution
• Only has delegated powers
• Denied in Federal System
• Cant tax states

National Government
Denied National
Powers Denied
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Government Powers(Division of Powers)
Powers Granted
10th Amendment

• Reserved Powers
• 10th Amendment
• Not granted to Federal, but not denied to states.
• Legal marriage age
• Drinking age
• Professional license
• Confiscate property
• The power of the state to protect and promote
  public health, the public morals, the public
  safety, and the general welfare.

State Government
Reserved Powers
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Government Powers(Division of Powers)

• Denied States
• Constitution denies certain powers to state,
  because they are NOT a federal government.
• Make treaties
• Print money
• Deny rights to citizens

State Government
Denied States
Powers Denied
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Government Powers(Division of Powers)
Powers Granted
National Government
State Government
Concurrent Powers

• Concurrent
• Both States and National have these powers
• May be exercised separately and simultaneously
• Collect taxes
• Define crimes
• Condemn or take private property for public use

Denied Both
Powers Denied
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Government Powers(Division of Powers)

• Denied Both
• Both States and National have been denied these
  powers
• Violate rights of citizens

Powers Granted
National Government
State Government
Concurrent Powers
Denied Both
Powers Denied
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Government Powers(Division of Powers)
EXCLUSIVE
Powers Granted
10th Amendment
Expressed Implied Inherent
National Government
State Government
Delegated Powers
Reserved Powers
Concurrent Powers
Denied Both
Denied States
Denied National
Powers Denied
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The Supremacy Clause(Article VI, Section 2)
The U.S. Constitution is the Supreme Law of the
Land.
If there is a conflict between a lower law and a
higher one, the higher one wins.
City and County Laws
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Federalism Guidelines

• Supreme Court
• Umpire
• Applies supremacy clause in case of conflict
• McCulloch v. Maryland
• Md. attempted to tax national bank
• SC rules cannot tax national institution
  Supremacy clause
• http//www.youtube.com/watch?v8iIlVrzvCH8

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National Govt. obligations to the states

• 1. Republican Form of Government
• 2. Protection against invasion and disorder
• 3. Territorial Integrityrecognize borders of
  states

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Cooperative Federalism
Grant in Aide Programs Revenue Sharing Law
Enforcement
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Interstate Relations

• Full Faith and Credit
• Uphold decisions made by other states

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Interstate Relations

• Extradition

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Interstate Relations

• Privileges and Immunities
• All states must recognize rights of all
  Americans
• No unfair distinctions for out of state residents

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Fiscal Federalism
The STATE governments still maintain AUTHORITY
over Many of the issues that had in the past, but
the POWER over many of those issues have been
transferred to the FEDERAL government.
WHY HAS THIS TRANSFERE OF POWER TAKEN PLACE?

It started in late 1930s, gained a lot of
momentum and strength in the 1960s and 1970s and
we continue to be in this era of federalism.
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Federalism Today
Much of the relationship between the state and
federal governments today are influenced
by money. It is how the federal government got
their foot in the door of state issues, and
it is how they keep pressure on the
states to do what they would like them to
do. Examples Helmet Laws Blood Alcohol
Levels Affirmative Action
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Fiscal FederalismHow Does It Work
The Federal Government passes money on to
the State and local governments through a
system Known as GRANTS IN AID.

• Three Basic Types of Grants in Aid
• Categorical Grants
• Block Grants

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Categorical Grants

• Used to address specific issues.
• Group Receiving the funds are limited on what
  they can use the funds for.
• Allows the federal government more control over
  how the
• Funds are used.
• Preferred method of grant in aid of the federal
  government. About 90 of all federal grants
  dollars.
• Example
• AFDC in 1960s thru 1980s.
• Aid To Families With Dependent Children
• Program designed to help address poverty.
• Federal government gave funds to state, but they
  had
• to be administered in very specific manner.

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Block Grants
Used to address general topic area. Group
receiving funds are given much more flexibility
in how they spend the funds. Federal government
has given less control. Preferred method of
grants for those conservatives favoring
DEVOLUTION of more control back to the states.
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Unfunded Mandates
What are they?
Rules and regulations created by the federal
government Calling for state or local governments
to do something, Without providing the funds to
carry it out. i.e. SOLs
Why do the states stand for them?
Fear that not doing this will cause them to lose
money for This program, or worse yet, other
programs as well.
EXAMPLE OF THE DIFFERENCE BETWEEN POWER AND
AUTHORITY