Federalism Chapter Four Federalism The Division of Power

Federalism Chapter Four

Federalism: The Division of Power Section One

Federalism is the system of government in which a written constitution divides the powers of government.

The U. S. Constitution provides for the division of powers between two levels—the National Government and the States.

The National Government possesses delegated powers— powers specifically given by the Constitution.

Most of these are exclusive powers, or powers that belong only to the National Government.

There are three kinds of delegated powers.

Expressed powers are those listed in the Constitution.

Implied powers are not listed but are suggested.

Inherent powers are those that national governments have historically possessed, such as the regulation of immigration.

Some powers delegated to the National Government are concurrent powers.

It shares these powers with the State governments.

The States' powers are called reserved powers.

They are powers not already given to the National Government and not listed as powers the States may not have.

For example, the States may decide how old people must be to get drivers' licenses.

Since some of the powers of the National and State governments overlap, the Supreme Court plays the key role of resolving disputes.

As part of this job, it applies the Constitution's Supremacy Clause, which states that the Constitution is the "supreme Law of the Land. "

End Section One

The National Government and the 50 States Section Two

The Constitution says that the National Government must guarantee a "Republican Form of Government" and protect the States "against Invasion" and against "domestic Violence. "

This last statement allows federal officials to enter a State to restore order or to help in a disaster.

The National Government may create new States but not from the territory of an existing State without permission from that State's legislature.

To become a new State, an area's residents must first ask Congress for admission.

Congress passes an enabling act, which approves the writing of a State constitution.

The area's residents write the constitution and submit it to Congress.

Congress makes the area a State with an act of admission.

When the President signs the act, the State is admitted to the Union.

The National Government and States cooperate in many ways.

From 1972 to 1987, Congress gave the States and their local governments a share of federal tax money through revenue sharing.

Through the three types of grants-in-aid programs, the National Government gives resources to the States or their local governments.

Categorical grants are made for specified purposes.

Block grants are given for much broader purposes.

Project grants are made to States, localities, and even private agencies that apply for them.

In turn, States assist the National Government in many ways.

For example, the State and local governments carry out and pay for national elections.

End Section Two

Interstate Relations Section Three

Trouble among the States was a major reason for the adoption of the Constitution.

As a result, several parts of the document deal with how the States interact.

For example, the Constitution forbids States to make treaties with one another.

However, they make interstate compacts, or agreements in response to shared problems.

The Full Faith and Credit Clause of the Constitution says that each State must honor the laws, records, and court decisions of every other State.

This clause applies only to civil matters, not criminal matters.

The Constitution's Privileges and Immunities Clause says that no State may discriminate against a person who lives in another State.

Thus each State must recognize the right of any American to travel in, do business in, or become a resident of that State.

However, a State may draw reasonable distinctions between its own residents and those of other States.

For example, a State may require that a person live within its boundaries for a period of time before voting.

The Constitution also establishes extradition, the legal process by which a person accused of a crime in one State is returned for trial to that State by the police of another State.

By doing so, they lessened many of the frictions between the States.

The Constitution's provisions about interstate relations strengthened the hand of the National Government.

End Section Three

End Chapter Four