Federalism

1. FEDERALISM

2. • Federalism – national and state level
gov’ts share power over a common area
of people
– Some powers are given ONLY to the
national gov’t and some ONLY to the state
gov’ts (and some powers they SHARE)

3. Powers of the National
Gov’t
• the national gov’t ONLY has the powers
the Constitution gives it
• *3 types*:
– Expressed Powers
– Implied Powers
– Inherent Powers

4. Expressed Powers
• Powers of gov’t that are expressed, or
actually written word for word in the
Constitution
• Ex: Art. I Sec. 8 (Congress can declare
war)

5. Implied Powers
• Powers of the national gov’t that are
“hinted at”
• Ex: The Necessary and Proper
Clause - Congress has the power to
make laws that are needed and
appropriate to carry out its constitutional
powers
• Ex: McCulloch v. Maryland

6. Inherent Powers
• “Inherent” = a characteristic of
something
• Powers that ALL governments have
• Ex: regulate immigration and acquire
territory

7. State Powers
• Reserved Powers - The powers the
national gov’t can’t have belong to the
states (as long as the Constitution doesn’t
say “no”)
• Powers that are “saved for” or “left over”
• Found in the 10th Amendment
• Ex: marriage laws, liquor laws, speed
limits, schools, etc.

8. • Concurrent Powers - powers that are
SHARED between the national and
state gov’ts
– ex: both levels tax, make laws, enforce
laws, borrow money, est. courts

10. The Supremacy Clause
• The Constitution is the HIGHEST law of
the land
– No state or national law can override it
– when the national gov’t and state gov’ts
conflict, the national gov’t always wins

11. Types of Federalism
• Dual federalism - the national and
state gov’ts each have their own areas
of responsibilities (think “layer cake”)
– Ex: states control national elections, education,
build roads
– National gov’t coins money, declares war, runs
post offices

12. Cooperative Federalism
• the national and state gov’ts sometimes
work together  think “marble cake”/
“mixed” partners in gov’t
– Ex: both can work together to investigate
crimes, get involved in healthcare,
education, maintaining highways, etc.

13. The National Gov’t to the
States
• Protect the states from invasion
• Can step into conflicts within state if the
state can’t handle them
• Must respect state territory boundaries
(and have them represented in
Congress)

14. How a Territory Becomes
a State
• Only Congress has the power to admit
new states
• 1.) People in the territory ask Congress
for permission to become a state
• 2.) Congress tells the people to make a
state constitution
• 3.) State sends Congress their state
constitution for approval

15. Fiscal Federalism
• Grants-in-aid - the national gov’t gives
state gov’ts money to help them
function
– Categorical grants - money for a specific
purpose (ex: school lunches)
• Project grants - money for research and job
training
– Block grants - money for a broader group
of programs (ex: healthcare, infrastructure,
etc.)  states have more of a choice in
how to use this $$$

16. The States to the
National Gov’t
• States conduct national elections
• Naturalization (becoming citizens)
occurs in state courts
• State can catch and hold federal
prisoners

17. Full Faith and Credit
Clause
• States must respect the laws, rulings,
and decisions of other states
• BUT:
– Cannot enforce the laws of another state
– Maintain their own residency rules
• Ex: Some divorces won’t be recognized
because of state residency requirements

18. Extradition
• If a criminal flees one state to another,
he must be brought back to the first
state for trial and punishment
– States are responsible for sending
criminals back to the state where they
committed the crime

35. Create a Political Cartoon
• Choose a topic we’ve discussed in this unit
• Illustrate a cartoon that criticizes that part of
government, or how people see it vs. how it
really is, or your view of it
• Feel free to exaggerate features, draw people
as animals or other objects to make a point,
and use humor
• Be sure to label the subjects in your cartoon
(what does each thing represent?)
• Use your space wisely! (no tiny cartoons)