Chapter Overviews

Chapter 4: The Federal System

Chapter Overviews

[logo] Essential Question
How does the overall power of the national government compare to that of the states?

Section 1 National and State Powers
The Constitution divided government authority by granting the national government certain powers, granting other powers to the states, and listing shared powers. The national government has expressed powers, such as levying taxes, raising an army and a navy, and regulating commerce among the states. It also has implied powers, such as drafting people into the armed forces. Inherent powers of the national government have grown due to its role a governing body. These powers allow the government to control immigration and establish diplomatic relations with other countries.

Any powers not given to the national government are reserved to the states. These include establishing local government systems, protecting state residents' health and welfare, administering elections, and regulating intrastate commerce. The federal government and the states have certain concurrent powers, such as the power to tax, to maintain courts, and to define crimes. The Constitution also denies some powers to all levels of government.

The Constitution obliges the national government to guarantee three things for the states: a republican form of government, protection against invasion and domestic violence, and respect for the territorial boundaries of each state. Congress admits new states to the Union, and it and the president may impose conditions for admission. The governors of each state try to influence national policies that affect state budgets. Because federalism divides the powers of government, conflicts often arise between national and state governments. The federal court system acts as an umpire in these disputes.

Section 2 Relations Among the States
The Constitution says that states must give "full faith and credit" to the civil laws of every other state. Thus, judicial decisions in civil matters in one state will be honored and enforced in all states. States cannot enforce another state's criminal laws, however, which is why criminals and fugitives who flee across state lines must be extradited to their original state. The Constitution also provides that a state cannot discriminate unreasonably against citizens of another state. It has allowed reasonable distinction, however, such as requiring people to be state residents before voting, serving on juries, or using public institutions like state colleges that are supported by state taxes.

The Constitution requires the states to settle their differences peacefully. Interstate compacts approved by Congress help settle disagreements. States that are unable to negotiate compacts can sue in the U.S. Supreme Court.

Section 3 Developing Federalism
There has been ongoing debate about what the proper division of powers between the national government and the states should be. The states' rights view is that the Constitution is a compact among the states. Because the national government is an agent of the states, all of its powers should be narrowly defined. In contrast, the nationalist position argues that it was the people, not the states, who created both levels of government. Therefore, the national government is not subordinate to the states. In addition, the national government represents all the people, whereas states speak only for their own people.

The expansion of the national government has come at the expense of the states. The adaptability of the Constitution has allowed the Supreme Court, Congress, and the president to stretch federal war, commerce, and taxing powers to meet the needs of a modern industrial nation. Congress provides federal grants of money to the states and also requires state and local governments to follow certain policies. Even so, the power balance between the national government and the states evolves in response to new issues and new administrations.

Section 4 Federalism and Politics
Federal and state roles in public policy are debated. Federalism influences public policy in two important ways. First, it influences how and where policies are made. Often, policy originates at the national level. States and localities can serve as proving groups for the development and testing of new policies, however. Second, federalism places certain limits on policy making. Congress can impose policies on states if local groups resist a federal law or create a policy that infringes on civil liberties.

Federalism makes it possible for different political parties to be victorious in state, local, and federal elections. It also increases opportunities for Americans to participate in politics—whether running for a local office, lobbying the state government, or campaigning for a national candidate. Government policies at the federal level are influenced by the technical expertise of government bureaucrats, or "technocrats."

Each state has considerable freedom in arranging its own internal affairs. Some states regulate business and industry, and some concentrate resources on health services. Some states have stricter criminal laws, and some have higher taxes. When people cross a state boundary, they become members of a different political system with its own officials, taxes, and laws.