the federal system national state v. state powers
TRANSCRIPT
The Federal The Federal SystemSystem
National State v. State National State v. State PowersPowers
FederalismFederalism What is What is federalism?federalism?
A system of government in which the powers of A system of government in which the powers of government are divided between a central and government are divided between a central and regional governmentsregional governments
Laid out in Laid out in Article IVArticle IV and the and the Amendment Amendment 1010
The idea of federalism has changed over the The idea of federalism has changed over the last 200+ years.last 200+ years. The Supreme Court ruling The Supreme Court ruling ““Separate but EqualSeparate but Equal””
gave more rights to the states (Plessy v gave more rights to the states (Plessy v Fergusson Fergusson 1896))
““The New DealThe New Deal”” under FDR, expanded the role under FDR, expanded the role of the National Government, and the Presidentof the National Government, and the President
Delegated PowerDelegated Power Under the Constitution, 3 powers are granted Under the Constitution, 3 powers are granted
to the National government.to the National government. 1. 1. Expressed PowersExpressed Powers
Those power directly expressed or stated in the Those power directly expressed or stated in the ConstitutionConstitution
Found in the first three ArticlesFound in the first three Articles Levy and collect taxes, coin money, declaring war, & Levy and collect taxes, coin money, declaring war, &
regulating commerceregulating commerce
Delegated PowerDelegated Power Under the Constitution, 3 powers are granted Under the Constitution, 3 powers are granted
to the National government.to the National government. 2. 2. Implied PowersImplied Powers
Powers not specifically listed in the Constitution: Powers not specifically listed in the Constitution: ““Reasonably Suggested”Reasonably Suggested”
““Necessary and Proper ClauseNecessary and Proper Clause”” (Article I, Section 8, (Article I, Section 8, Clause 18)Clause 18)
Known as the Known as the ““Elastic ClauseElastic Clause”” Congress shall have power…to make all laws which shall be Congress shall have power…to make all laws which shall be
necessary and proper for carrying into the Execution the necessary and proper for carrying into the Execution the Foregoing powers, and all other Powers vested…in the Foregoing powers, and all other Powers vested…in the Government of the United States.Government of the United States.
The draft, NASA, the Interstate Highway SystemThe draft, NASA, the Interstate Highway System Clauses in the Constitution?Clauses in the Constitution?
Delegated PowerDelegated Power Under the Constitution, 3 powers are Under the Constitution, 3 powers are
granted to the National government.granted to the National government. 3.3. Inherent Powers Inherent Powers
Those powers that national government Those powers that national government may exercise simply because it is a may exercise simply because it is a governmentgovernment Diplomatic RelationsDiplomatic Relations Regulating immigrationRegulating immigration
Reserved PowersReserved Powers Reserved PowersReserved Powers
Powers given strictly to the statesPowers given strictly to the states Not specifically stated, but defined by Not specifically stated, but defined by
the 10the 10thth Amendment Amendment EducationEducation Legal Documents and LicensesLegal Documents and Licenses
Marriage, Driver, Professional, Voter Marriage, Driver, Professional, Voter RegistrationRegistration
Establishment of local government Establishment of local government (Unitary)(Unitary)
States as Unitary States as Unitary GovernmentsGovernments
Supremacy ClauseSupremacy Clause
Under Article VI, Section 2, the Constitution is SupremeUnder Article VI, Section 2, the Constitution is Supreme No state constitution or state law may conflict with any part of No state constitution or state law may conflict with any part of
the Constitutionthe Constitution When Federal & State officers are sworn in; they must recite When Federal & State officers are sworn in; they must recite
an oath to uphold the Constitutionan oath to uphold the Constitution
McColloch v. Maryland (McColloch v. Maryland (1819))
SupremacySupremacy
Concurrent and Denied Concurrent and Denied PowersPowers
Concurrent Powers:Concurrent Powers: Those that both the state and national Those that both the state and national
governments havegovernments have Power to tax, maintain courts, and define crimesPower to tax, maintain courts, and define crimes
Goes along with the reserved powersGoes along with the reserved powers Denied Powers:Denied Powers: Specifically denies some power to all levels Specifically denies some power to all levels
of governmentof government Article I, Section 9 - National Government Article I, Section 9 - National Government
Cannot tax exports or interfere with states businessCannot tax exports or interfere with states business Article 1, Section 10 – State GovernmentsArticle 1, Section 10 – State Governments
Cannot make treaties with foreign nation or coin Cannot make treaties with foreign nation or coin moneymoney
Powers:Powers:Exclusive – Concurrent - Exclusive – Concurrent -
Reserved Reserved
Interstate CommerceInterstate Commerce
Obligations of the National Obligations of the National GovernmentGovernment
The Federal Government is obligated to do The Federal Government is obligated to do three things for the statesthree things for the states
1. 1. Must guarantee a republic form of Must guarantee a republic form of governmentgovernment Congress must allow Senators and Representatives Congress must allow Senators and Representatives
to take their seat in officeto take their seat in office 2. 2. Must protect states from invasion and Must protect states from invasion and
domestic violencedomestic violence protect from outside attack and internal threats protect from outside attack and internal threats
Riots, strikes, & natural disastersRiots, strikes, & natural disasters 3. 3. Must respect the territorial integrity of each Must respect the territorial integrity of each
statestate Must receive permission from the State Legislator Must receive permission from the State Legislator
before the National Government can get involvedbefore the National Government can get involved West Virginia is the only exception to this ruleWest Virginia is the only exception to this rule
Obligations of the StatesObligations of the States
The states are obligated to do two The states are obligated to do two things for the National Governmentthings for the National Government
1. 1. State and Local governments must State and Local governments must pay to run national electionspay to run national elections Senators, Representatives, & the Senators, Representatives, & the
PresidentPresident 2. 2. Play a key role in amending the Play a key role in amending the
ConstitutionConstitution ¾ of the states must approve an ¾ of the states must approve an
amendment before it becomes lawamendment before it becomes law
Frontline: Frontline: ““The Pot The Pot RepublicRepublic””
Video
SovereigntySovereignty Dual Sovereignty: Dual Sovereignty:
A theory of federalism saying that both the A theory of federalism saying that both the national and state governments have final national and state governments have final authority over their own policy domains.authority over their own policy domains.
But… Supremacy Clause (Art. VI)But… Supremacy Clause (Art. VI) Example: NullificationExample: Nullification
Alien and Sedition Acts (Virginia and Kentucky Alien and Sedition Acts (Virginia and Kentucky void)void)
Tariffs under JacksonTariffs under Jackson Ultimately settled by Civil WarUltimately settled by Civil War
Judicial ReviewJudicial Review Judicial Review: The doctrine under which Judicial Review: The doctrine under which
legislative and executive actions are legislative and executive actions are subject to review (and possible subject to review (and possible invalidation) by the judiciary.invalidation) by the judiciary.
Federalism can be messyFederalism can be messy Hobbes warned that anything but a “single Hobbes warned that anything but a “single
sovereign” would lead to Civil Warsovereign” would lead to Civil War Thankfully though we have a judicial process Thankfully though we have a judicial process
to settle disputes (even if some states or the to settle disputes (even if some states or the federal government might not like the rulings)federal government might not like the rulings)
Many Supreme Court cases have decided the Many Supreme Court cases have decided the balance between federal and state powersbalance between federal and state powers
3 Important Clauses in 3 Important Clauses in ConstitutionConstitution
1) 1) Spending Clause (Art. I, 8.1)Spending Clause (Art. I, 8.1)•Lay and collect taxes… for the Lay and collect taxes… for the common defense and general common defense and general welfarewelfare
2) 2) Commerce Clause (Art I, 8.3)Commerce Clause (Art I, 8.3)•Congress has the power to Congress has the power to regulate regulate InterstateInterstate commerce commerce
3) 3) Necessary and Proper Clause Necessary and Proper Clause (Art. 1, 8.18)(Art. 1, 8.18)•““Elastic Clause”Elastic Clause”
Fed and States do work Fed and States do work togethertogether
Layer Cake FederalismLayer Cake Federalism
Marble Cake FederalismMarble Cake Federalism
““Cooperative Federalism”Cooperative Federalism”
Examples?Examples?
GrantsGrants
Intergovernmental Grants:Intergovernmental Grants:
Grant ($$$) from the national Grant ($$$) from the national government to state or local government to state or local governmentsgovernments
- Sometimes 50/50 or 90/10- Sometimes 50/50 or 90/10
Ex:Ex:
- Infrastructure - Museums - Infrastructure - Museums
- Research - Historical sites- Research - Historical sitesHarry Reid’s Website
TypesTypes1) 1) Categorical GrantsCategorical Grants•They include regulations concerning how They include regulations concerning how the money is to be spent.the money is to be spent.
• Many social welfare programsMany social welfare programs- - Medicaid - Head Start -Job TrainingMedicaid - Head Start -Job Training-Housing - Food StampsHousing - Food Stamps
Cons? - Cons? - Can impede implementation (4 years – 70 Can impede implementation (4 years – 70 agencies)agencies)
- Can create “Unfunded Mandates”, limiting state - Can create “Unfunded Mandates”, limiting state independenceindependence
Pros? Pros? - Help achieve a national purpose (Pollution & - Help achieve a national purpose (Pollution & welfare)welfare)
- “Race to the bottom”…. And Block Grants can be - “Race to the bottom”…. And Block Grants can be wastefulwasteful
TypesTypes2) 2) Block GrantsBlock Grants•Include a broad set of objectives, but Include a broad set of objectives, but minimal regulations and much local minimal regulations and much local discretiondiscretion
• ““General Revenue Sharing”General Revenue Sharing”- Some education and welfare - Infrastructure- Some education and welfare - Infrastructure
Cons? Cons? - Can lead to wasteful spending (and corruption)- Can lead to wasteful spending (and corruption)
- Can limit the achievement of a national goal- Can limit the achievement of a national goal
Pros?Pros?- Allow for local and states to spend the money - Allow for local and states to spend the money
how they see fithow they see fit
FederalismFederalismThe Federal government often uses The Federal government often uses grants to create national programs.grants to create national programs.
They are often “optional”, but how They are often “optional”, but how can states resist $$$$?can states resist $$$$?
““Pork Barrel” Spending – Pork Barrel” Spending – “One person’s pork barrel project is “One person’s pork barrel project is another person’s wise investment in the another person’s wise investment in the local infrastructure”local infrastructure”