overview of US federal system

• Federal systems have two constitutionally recognized levels of govt, each with sovereignty over different policy matters and geographic areas

• Sovereignty: ultimate governing authority, with no legal superior. Making the rules and laws has ultimate authority. Dual sovereignty two levels of govt that each have power over their certain levels of land

• American colonists experience with a unitary system and the early US citizens life under a confederal system led to the creation of the innovative Federal system 

Unitary system

• Majority of world's nations have this teh central govt is the sovereign

  • Central govt can also unilaterally take away any responsibilities it has delegated to the regional govt it creates and can even eliminate the regional govts

Confederal system

• Several independent sovereign govts agree to cooperate on specific matters while each retains ultimate authority over all governmental matters within its borders

  • Cooperating sovereign govts delegate some responsibilities to a central governing body

  • Sovereign govts retain ultimate authority 

Federal system

• Constitution's framers established dual sovereignty by detailing a new, sovereign national govt for the US and modifying the sovereignty of the existing state govts

• National govt has no legal superior on matters over which the constitution gives authority

• State govts have no legal superior on the matters over which theta re granted authority by the constitution

Distribution of authority

• By distributing some authority to the national govt and different authorities to the state govts the constitution creates the dual sovereignty that defines the US federal system

• To fulfil their responsibilities to their citizens both the national and the state govts have the authority to engage in the functions inherent to all sovereign governments

National sovereignty

• Article I of the constitution enumerates (lists) the matter over which congress holds the authority to make laws-enumerated powers

• Constitution also gives congress implied powers, that is powers that are not explicitly described but that may be interpreted as necessary to fulfil the enumerated powers

  • Congress specifically received implied powers through the constitution's necessary and proper clause (or elastic clause)

Federal power vs states rights

• Congress power limited

  • Enumerated oilers

• 10th amendment 

  • Reserve clause

  • The powers not delegated to the US by the constitution nor prohibited by it to the states are reserved to the states respectively or to the people

• Bill of rights

  • Ratified 1791

• Federalism creates tension

  • Ambiguity of constitution

Article IV and federalism

• Constitution outlines federalism as a vertical check and balance

• Provides a “double security”

• Requires states to have republican govts

• Three areas of power 

  • Delegated, concurrent, reserved

• Federalism decentralized politics and policymaking  

US territories and the constitution

• 16 territories, article IV and the insular cases, home rule limited by congress

• Incorporation:application of constitution

• Organization:self govt

Treaties with indigenous nations

• Throughout US history the govt has signed treaties with Native american nations which are legally considered sovereign foreign nations

• Today the def govt recognizes more then 573 indian tributes

  • Even though tribal reservations lie within state borders, national treateisand national laws not state or local, apply to the reservation populations and lands

  • Native american treaty rights to hunt fish and gather on reservations and on public land superseded national state

State sovereignty

• Broad set of powers are reserved to the states

  • Tenth amendment reserved powers clause acknowledges domestic matters under the state's authority

  • Powers to protect health safety lives and property of citizens 

States obligations to other states

• In article IV the constitution sets forth obligations that the states have to one another and to each other's citizens

• The states obligations and relationships they mandate are forms of horizontal federalism

  • Interstate compacts, extradition, privileges and immunities, full faith and credit clause

Govt powers

Enumerated:

• Currency, defense, declare war, postal system, interstate commerce, foreign policy, necessary and proper laws

Concurrent powers( shared powers)

• Taxes, judiciary, banks, laws, welfare 

Reserved powers:(states) 

• Local govts, marriage education, planning and zoning, intrastate commerce, other powers not delegated

  • Can't violate the national constitution