FEDERALISM:

FEDERALISM: A. FEDERAL SYSTEM:
SYSTEM OF GOVERNMENT IN WHICH POWER IS DIVIDED, BY CONSTITUTION, BETWEEN A CENTRAL GOVERNMENT AND REGIONAL OR SUB-NATIONAL GOVERNMENTS.

USA
MEXICO
BRAZIL
NIGERIA
GERMANY

**POWERS MUST BE SPECIFIED IN THE CONSTITUTION

B. UNITARY SYSTEM

ALL POWERS VESTED IN NATIONAL GOVT.

BRITAIN
FRANCE
ISRAEL

C. CONFEDERAL SYSTEM 1. NATIONAL GOVT. OPERATES AT DIRECTION OF SUB-NATIONAL GOVTs.
2. US UNDER ARTICLES

ADVANTAGES & DISADVANTAGES

a. ADVANTAGES

1. DECISION-MAKING - DECENTRALIZED
2. CLOSENESS - KEEPS GOVT. CLOSER TO THE PEOPLE
3. EXPERIMENTATION - IDEAS EXPERIMENTED AT STATE AND LOCAL LEVEL
4. LOCAL INTERESTS REFLECTED - POLITICAL AND CULTURAL INTERESTS OF REGIONAL GROUPS REFLECTED IN LAWS b. DISADVANTAGES 1. LOCAL RULES MAY NOT BE IN NATIONAL INTEREST
2. NATIONAL PLANS MAY BE BLOCKED BY LOCAL INTERESTS
3. NATIONAL POWERS MAY BE EXPANDED AT EXPENSE OF STATES
4. POLICY COORDINATION - HARD TO COORDINATE POLICIES.

Go outside this country - lose your US passport!
Birth certificate - they don’t want copies!
There are over 87,000 governments in the US

5. STATE LAWS NOT UNIFORM - MAY COMPLICATE BUSINESS TRANSACTIONS i.e

speed limits
drinking laws

POWERS AND NATIONAL SUPREMACY

1. EXPRESSED POWERS
2. NECESSARY AND PROPER CLAUSE
3. INHERENT POWERS
4. PROHIBITED POWERS
5. POWERS OF STATES
6. POWERS PROHIBITED TO THE STATES
7. CONCURRENT POWERS
8. SUPREMACY CLAUSE
1. EXPRESSED POWERS (FED GOVT):

17 OF THEM ENUMERATED IN ARTICLE 1 SEC 8, INCLUDE:

POWER TO COLLECT TAXES
COIN MONEY
DECLARE WAR
REGULATE COMMERCE
MAKE ALL LAWS "NECESSARY AND PROPER" TO CARRY OUT ITS EXPRESSED POWERS.

I.e. Congress:

Resolutions to support war on Iraq

Debt ceiling, and then raising the ceiling!

2. NECESSARY AND PROPER CLAUSE:

ARTICLE 1, SECTION 8, CLAUSE 18

CONSTITUTIONAL BASIS FOR IMPLIED POWERS
LED TO EXPANSION AND SCOPE OF FED AUTHORITY

If FEDS don’t like a state law, they can make a new law to override the state's law under this clause

Brady Bill (License Guns - waiting period)

3. INHERENT POWERS:

POWERS THAT GOVERNMENTS HAVE SIMPLY TO ENSURE THE NATION'S INTEGRITY AND SURVIVAL OF THE POLITICAL UNIT

4. PROHIBITED POWERS (NATIONAL):

ARTICLE 1, SEC 9
FIRST 8 AMENDMENTS (VIOLATE BILL OF RIGHTS
CAN'T CHANGE STATE BOUNDARIES (SEE MAP)
TAX EXPORTS FROM ANY STATE

5. POWERS OF STATES:

10^TH AMENDMENT

ALSO REFERRED TO AS (RESERVED OR POLICE POWERS)

ABILITY OF EACH STATE TO PROTECT:

HEALTH OF ITS PEOPLE

MORALS

SAFETY

GENERAL WELFARE

6. PROHIBITED POWERS (STATES):

ARTICLE 1, SEC. 10 (DOES NOT SPECIFY RESERVED POWERS) -RESTS WITH SUPREME COURT

1. STATE CAN'T TAX GOODS PASSING THROUGH
2. NO TREATIES WITH OTHER COUNTRIES 7. CONCURRENT POWERS:

CAN BE EXERCISED BY BOTH STATE AND FEDERAL GOVERNMENT
POWER TO TAX

1. STATES CAN NOT IMPOSE TARIFFS (TAXES ON IMPORTED GOODS)
2. FEDS CANT TAX REAL ESTATE (TANGIBLE PROPERTY)

ESTABLISH COURTS
CHARTER BANKS AND CORPORATIONS

8. SUPREMACY CLAUSE:

ARTICLE 6, CLAUSE 2

VERY IMPORTANT CLAUSE

"CONSTITUTION AND FED LAWS ARE SUPREME LAW OF THE LAND

THUS CONCURRENT AND RESERVED POWERS CAN'T COUNTER NATIONAL POLICIES

WHOEVER TAKES OATH OF OFFICE - BOUND TO UPHOLD THE US CONSTITUTION - NOT STATE.

1860S ALTHOUGH MANY THINK THE CIVIL WAR WAS ABOUT SLAVERY, UNDERLYING ISSUE WAS BATTLE OVER SUPREMACY (QUOTE LINCOLN)

NATIONAL GOVERNMENT WAS ENCROACHING ON STATE POWERS (SUPREME COURT DECISIONS).

A. McCULLOCH v. MARYLAND
ISSUE WAS MORE THAN TAXES (McCULLOCH WAS ORDERED TO PAY THE TAXES)
KEY ISSUES:

1. DID CONGRESS HAVE THE AUTHORITY TO CHARTER AND CONTRIBUTE CAPITAL TO THE BANK?
NECESSARY AND PROPER CLOSE
2. IF BANK WAS UNCONSTITUTIONAL, COULD THE STATE TAX IT?
3. THUS WAS A STATE ACTION IN CONFLICT WITH FED ACTION INVALID UNDER THE SUPREMACY CLAUSE?
BUT THERE WAS NO PROVISION IN THE CONSTITUTION GRANTING FEDS EXPRESSED POWER TO CREATE A BANK??!!
"NECESSARY AND PROPER CLAUSE"
CREATION OF THE BANK HELPS FED EXERCISE ITS EXPRESSED POWERS
- THUS IT WAS IMPLIED IN THE CONSTITUTION (Chief justice Marshall Doctrine).

B. GIBBONS v. OGDEN:
KEY ISSUES:
1. COMMERCE CLAUSE - FRAMERS NEVER DEFINED COMMERCE!
2. POWER TO REGULATE INTRA OR INTER STATE COMMERCE?
3. NATIONAL GOVERNMENT HAS EXCLUSIVE POWER TO REGULATE INTERSTATE COMMERCE (Marshall)

DUAL FEDERALISM:
STATES AND NATIONAL GOVERNMENT MORE OR LESS EQUALS
DISTINCT FUNCTIONS AND RESPONSIBILITIES COOPERATIVE FEDERALISM vs. The Supreme Court:
NEW FEDERALISM - (Check textbook! - READ THE BOOK!)
FEDERAL PREEMPTION OF STATE POWERS - since 1940s
ROOTED IN SUPREMACY CLAUSE - NATIONAL LAWS TAKE PRECEDENCE FISCAL SIDE OF FEDERALISM Mandates
Grants
Categorical grants
Block Grants