federalism objectives: identify ways constitution determines the powers of state & national...
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FederalismObjectives:•Identify ways Constitution determines the powers of state & national governments•Understand the relationship of implied powers to enumerated powers.•Compare the contrasting forms of dual & cooperative federalism.
Bell Ringer:Gibbons v Ogden handout
Homework:Chapter 3 Overview due next classReading QuizUnit 1 Test Friday (A) and Monday (B)
FederalismObjectives:•Identify ways Constitution determines the powers of state & national governments•Understand the relationship of implied powers to enumerated powers.•Compare the contrasting forms of dual & cooperative federalism.
Bell Ringer:
Imagine that you are a state official in charge of creating a program designed to reduce high school dropout rates. Also assume that you want to have as much freedom in the process as possible. In order to finance your program, however, you require the assistance through federal grants. Using your knowledge of the different types of grants available from the federal government (categorical, block, etc.), which type would you prefer to receive for your program, and why?
Homework:Unit 1 test next classSupreme Court cases – McCulloch and Gibbons packetUnit 1 essay due Thursday (A) and Friday (B)
What is Federalism
A system of government in which political authority is divided between a national (or federal) government, and its political subdivisions (such as states).
A system where national and state governments each have defined powers, with some being shared by both and some being denied to both.
Defining Federalism
Examples
Unitary: Britain, IsraelConfederate: Canada, European Union Federal: United States, Germany, Mexico
Why Is Federalism So Important?
Decentralizes our politics More opportunities to participate
Decentralizes our policies Federal and state governments handle different problems.◦States regulate drinking ages, marriage, and
speed limits. States can solve the same problem in different ways and tend to be policy innovators.
Federalism & the Constitution
The Federal Government has
expressed powers specifically granted in the Constitution
(tax, regulate commerce, declare
war, etc.)
The Federal Government has
implied powers from the necessary & proper clause or
“elastic clause” (ex: create a national
bank) The 10th Amendment
reserves powers to the states (ex: education, law
enforcement, etc.)
The U.S. Constitution
is the supreme law of the land
(National Supremacy Clause)
The Constitutional Basis of FederalismThe Division of Power
◦Supremacy Clause: Article VI of the Constitution states the following are supreme: The U.S. Constitution Laws of Congress Treaties
◦Yet, national government cannot usurp state powers. Tenth Amendment
The Constitutional Basis of Federalism
Establishing National Supremacy◦Implied and enumerated powers McCulloch v. Maryland (1819)
◦Commerce Powers Gibbons v. Ogden (1824)
◦The Civil War (1861-1865)
◦The Struggle for Racial Equality Brown v. Board of Education (1954)
The States
Powers Reserved to the States•The 10th Amendment declares that States are governments of reserved powers.•The reserved powers are those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States.
The Constitutional Basis of FederalismStates’ Obligations to Each OtherFull Faith and Credit: Each state must recognize
official documents and judgments rendered by other states. (Article IV, Section I)
Privileges and Immunities: Citizens of each state have privileges of citizens of other states. (Article IV, Section 2)
Extradition: States must return a person charged with a crime in another state to that state for punishment.
The Exclusive and Concurrent Powers
Exclusive or enumerated Powers
Powers that can be exercised by the National Government alone are known as the exclusive powers.
Examples of the exclusive powers are the National Government’s power to coin money, to make treaties with foreign states, and to lay duties (taxes) on imports.
Concurrent PowersPowers that both the
National Government and the States possess and exercise.
Some of the concurrent powers include the power to levy and collect taxes, to define crimes and set punishments for them, and to claim private property for public use.
Government PowersFederal Government (expressed powers)
Shared Powers(concurrent powers)
State Government (reserved powers)
Regulate interstate and foreign trade
Collect taxes Regulate trade within the state
Coin and print money Borrow money Establish local governments
Establish post offices and construct post roads
Establish courts Conduct elections
Raise and support armed forces
Charter banks Determine qualifications of voters
Declare war and make peace
Make and enforce laws
Establish and support public schools
Govern U.S. territories & admit new states
Provide for the health & welfare of the people
Pass laws regulating business w/in state borders
Pass laws regulating immigration
Make civil and criminal laws
Make all laws “necessary and proper” to carry out its powers
Pass license requirements for professionals
Conflicts between the state and national governments arise in concurrently held powers
Denied Powers
National Government State Government Denied to both
Suspend habeas corpus, except in rebellion or invasion
Enter into treaties, alliances, or confederations
Pass ex post facto laws
Lay tax or duty on items exported from any state
Coin money Pass Bills of Attainder
Violate provisions of the Bill of Rights
Declare war Grant titles of nobility
Enter into agreements with other states or foreign powers
History of Federalism
Dual Federalism1787 – 1930s
“Layer cake” federalism
Each level of government has clear and distinct roles to carry out.
It’s the same cake, but each layer’s different.
History of Federalism
Cooperative FederalismSince the1930s
“Marble cake” federalismEach level of government
has roles to carry out, but...Shared costs and
administrationLots of overlap between
roles to be carried out.The flavors in the cake are
all mixed up!
Intergovernmental Relations TodayFiscal Federalism The Grant System: Distributing the Federal Pie
◦Categorical Grants: federal grants that can be used for specific purposes; grants with strings attached Project Grants: based on merit Formula Grants: amount varies based on
formulas◦Block Grants: federal grants given more or
less automatically to support broad programs◦Grants are given to states and local
governments.
Intergovernmental Relations Today
Fiscal Federalism (continued)The Scramble for Federal Dollars
◦$460 billion in grants every year◦Grant distribution follows universalism—a little
something for everybody.
The Mandate Blues◦Mandates direct states or local governments to
comply with federal rules under threat of penalties or as a condition of receipt of a federal grant.
◦Unfunded mandates: have to comply but no money given to make it happen
Understanding Federalism
Advantages for Democracy
Increases access to government
Local problems can be solved locally
Hard for political parties or interest groups to dominate all politics
Disadvantages for Democracy
States have different levels of service
Local interest can counteract national interests
Too many levels of government and too much money
Understanding Federalism
Understanding Federalism
Understanding FederalismFederalism and the Scope of Government
What should the scope of national government be relative to the states?
◦National power increased with industrialization, expansion of individual rights, and social services.
◦Most problems require resources afforded to the national, not state governments.
Understanding Federalism
SummaryAmerican federalism is a governmental
system in which power is shared between a central government and the 50 state governments.
The United States has moved from dual to cooperative federalism; fiscal federalism.
Federalism leads to both advantages and disadvantages to democracy.
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