3 Federalism Copyright 2018 Cengage Learning All Rights

3 Federalism Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

America at Odds: Should We Elect the President by Popular Vote? Do you believe that a candidate elected by popular vote would be more representative of the nation than a candidate elected by the electoral college? Why or why not? Why might the electoral college issue threaten to become a partisan one? Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 2

LO 5 The Constitution’s Principles of Government Principle of limited government • Government can do only what the people allow it to do through the exercise of a duly developed system of laws Popular sovereignty • People form the government and decide on the powers that the government can exercise Rule of law • Requires those who govern to act in accordance with the established law Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 3

LO 5 Principle of Federalism or Federal System • Central government shares sovereign powers with the state governments • National powers • Supremacy of the Constitution and laws created by the national government • Powers granted by the commerce clause • State powers • Power to regulate interstate commerce • Authority to exercise powers that are not delegated to the central government Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 4

LO 5 Separation of Powers • Madisonian Model • Governmental powers are divided among the legislative, executive, and judicial branches of government • Principle of checks and balances • Each of the three governmental branches is given the means to check the actions of the others Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 5

LO 5 Figure 2. 5 Checks and Balances among the Branches of Government Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 6

LO 5 Figure 2. 6 The Process of Amending the Constitution Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 7

LO 1 Federalism • System of shared sovereignty between two levels of government occupying the same geographic region • Powers of national and subnational units are specified and limited Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 8

LO 1 U. S. Federalism in Practice • National government has specific powers granted by the Constitution • Possesses the implied power to undertake actions necessary to carry out its expressly designated powers • All other powers are reserved to the states Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 9

LO 1 Alternatives to Federalism • Unitary system: Centralized governmental system • Local or subdivisional governments exercise only those powers given to them by the central government • Confederal system • League of independent sovereign states, joined together by a central government that has limited powers over them Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 10

Geographic Distribution of Power

Federal vs. Unitary

LO 1 Drawbacks of Federalism • A single political group can dominate a small political unit • Powerful state and local interests can impede national laws • Lack of uniformity of state laws complicate interstate business transactions • Coordinating government policies at national, state, and local levels is difficult Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 13

LO 1 Advantages of Federalism Size • Suits the large size of the United States Experimentation • Enables experimentation with innovative policies and programs at the state or local level Subcultures • Allow political and cultural interests of regional groups to be reflected in the laws governing them Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 14

LO 2 Powers of the National Government • Expressed (enumerated) powers • Constitutional or statutory powers that are expressly provided for by the U. S. Constitution • Implied powers • Powers of the federal government that are implied by the expressed powers in the Constitution • Context is found in the necessary and proper clause Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 15

LO 2 Necessary and Proper Clause • Article I, Section 8, Clause 18 of the Constitution • Gives Congress the power to make all laws necessary and proper for the federal government to carry out its responsibilities • Also called the elastic clause Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 16

LO 2 Powers of the National Government (continued) • Inherent powers • Necessary to ensure the nation’s integrity and survival as a political unit • Not expressly granted by the Constitution • Example - Power to own land • Constitution expressly prohibits the national government from: • Imposing taxes on exports • Passing laws that restrain certain liberties Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 17

LO 2 Provisions Relating to Interstate Relations • Horizontal federalism - Relationships among the states in federal system of government • Full faith and credit clause • Requires each state to honor every other state’s public acts, records, and judicial proceedings • Interstate compacts • Agreements among states to regulate the use or protection of certain resources Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 18

Defense of Marriage Act (1996) • Challenged Full Faith and Credit Clause • Defined marriage as being between one man and one woman. • Allowed states to ignore same-sex marriage licenses from other states • Section 3 declared unconstitutional by Supreme Court in United States v. Windsor (2013) • Obergefell v. Hodges (2015) overturned State bans on same sex marriage. Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 19

LO 2 Concurrent Powers and Supremacy Clause • Concurrent powers: Held by both federal and state governments • State’s concurrent powers apply only within the geographic area of the state • The Supremacy clause: Article VI, Clause 2 of the Constitution • Makes the Constitution and federal laws superior to all conflicting state and local laws Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 20

LO 2 Figure 3. 2 Powers Granted by the Constitution Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 21

LO 3 Early United States Supreme Court Decisions • Marbury v. Madison • Helped enunciate judicial review �Courts can determine that laws or executive actions are unconstitutional • Mc. Culloch v. Maryland, 1819 • Involved the supremacy clause and the necessary and proper clause • Decision – Congress has the power to create a national bank due to necessary and proper clause. Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 22

LO 3 Early United States Supreme Court Decisions (continued) • Doctrine of national supremacy �No state could use its taxing power to tax an arm of the national government • Gibbons v. Ogden, 1824 • Commerce clause �Commerce was defined as all business dealings, including steamboat travel �Power to regulate interstate commerce: �Was an exclusive national power �No limitations on regulating economic activity other than those found in the Constitution Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 23

LO 3 Supremacy Battle during the Civil War • Southern states: • Protested tariffs imposed by the national government in 1828 and 1832 • Favored secession in order to defend states’ right to keep slavery legal �Secession: Withdrawal of a state from the federal Union • Faced defeat by the Union in the Civil War • Resulted in an increase in the political power of the national government Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 24

LO 3 Dual and Cooperative Federalism • Dual federalism: Federal and state governments maintain diverse but sovereign powers • Federal Govt, using commerce clause, passed laws to regulate the economy • Ended in the 1930 s • Cooperative federalism: Federal and state governments cooperate in solving problems Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 25

LO 3 Cooperative Federalism and the Growth of the National Government • New Deal: Policies ushered in by the Roosevelt administration in 1933 • Attempted to bring the United States out of the Great Depression • Involved government spending and publicassistance programs • Ushered in an era of cooperative federalism • Marked the real beginning of an era of national supremacy Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 26

LO 3 Cooperative Federalism and the Great Society • Created Medicaid, Medicare, the Job Corps, and Operation Head Start • Civil Rights Act of 1964 • Prohibited discrimination on the basis of race, color, national origin, religion, or gender Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 27

LO 3 Cornerstones of Cooperative Federalism • Commerce clause • Today, Congress can regulate any economic activity irrespective of where it occurs • Supremacy clause allows for federal preemption • Preemption: National laws governing a certain area take precedence over conflicting state laws governing that area Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 28

LO 4 Federalism Today • New federalism: Limits the federal government’s role in regulating state governments • Gives states increased power in deciding how they spend government revenues • Devolution: Transfer of powers to local authorities by a central government • 1996 Welfare reform made Temporary Assistance for Needy Families (TANF) into block grants to states Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 29

LO 4 Supreme Court and the New Federalism • Supreme Court furthered the cause of states’ rights during the late 1900 s and early 2000 s • United States v. Lopez, 1995 �Concluded that the Gun-Free School Zones Act of 1990 was unconstitutional • Struck down portions of the Brady Handgun Violence Prevention Act of 1993 • Invalidated a provision of the federal Violence Against Women Act of 1994 Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 30

LO 4 Supreme Court and the New Federalism (continued) • Massachusetts v. Environmental Protection Agency (EPA) • EPA argued under President Bush it did not have authority to regulate greenhouse-gasses (GHG) to fight Climate Change or to set GHG-emission standards for vehicles. • SCOTUS ruled in favor of the states and held the EPA responsible for failing to regulate GHG emissions • Trump admin. reversed Obama admin. decision to set higher fuel efficiency standards for vehicles. • Trump Admin now fighting states’ power under Clean Air Act to keep higher fuel efficiency standards for motor vehicles. Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 31

LO 4 The Shifting Boundary between Federal and State Authority • Politics of federalism • Republican Party �Viewed as the champion of states’ rights • Democratic Party �Supported states’ rights during the Clinton administration. �Obama administration moved toward more Federal Authority, specifically in dealing with health care, the environment, federal land use and LGBT rights. Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 32

LO 4 Federalism Today and the Supreme Court • Supreme Court has confirmed national authority over the following: • Immigration • Arizona v. United States, 2012 • Health-care reform • National Federation of Independent Business v. Sebelius, 2012 Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 33

LO 5 Fiscal Federalism • Allocation of taxes collected by one level of government to another level • Typically collected by national government and allocated to state governments • Federal grants • Categorical grant: Targets a specific purpose as defined by federal law �National government controls how states use the funds by imposing certain conditions Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 34

LO 5 Fiscal Federalism (continued 1) • Block grant: Given to states for a broad area �Gives the states more discretion over how the funds will be spent Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 35

LO 5 Federal Grants and State Budgets • General fund budgets • One-fifth of state and local revenue comes from the national government • State and local taxes cover just over onehalf of state and local spending • One-quarter of spending goes to fee-forservice operations Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 36

LO 5 Figure 3. 4 State and Local Government Revenue Sources Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 37

LO 5 Fiscal Federalism (continued 2) • Federalism during economic crisis • State spending patterns are procyclical �Reduce spending in recession, increase during growth • Actions of the federal government are anticyclical • Federal government has the ability to give or withhold grants to states • Used to exercise control over matters that are under the authority of state governments Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 38

LO 5 Fiscal Federalism (continued 3) • Federal mandate • Forces states and municipalities to comply with certain rules • Drawback - Cost of compliance can be high, and funding may be insufficient (unfunded mandate) • No Child Left Behind Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 39

LO 5 Competitive Federalism • State and local governments compete for businesses and citizens • People vote with their feet by moving to jurisdictions that offer a competitive advantage • States that offer more social services and lower taxes experience an increase in population �Foxconn Plant in Wisconsin �Amazon headquarters Copyright © 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or GOVT 10 | CH 3 posted to a publicly accessible website, in whole or in part. 40