Federalism Federal State and Local Government Before the

Federalism Federal, State and Local Government

Before the Constitution • ________ (supreme governing authority) was thought to be held by one governing body (king, state, etc. ). • It was thought that governments had to be a ______ system (only a national government has sovereignty).

__________ • Under the Articles of Confederation, the states were part of a _______, where they each had their own sovereignty. • Without a strong national government, the Articles fell apart.

Problem • The Framers of the Constitution had a problem: How to create a strong central government with sovereignty, without taking the sovereignty from the states? • The Answer: ______!!!!

________ • Def. Government System where authority is divided between two sovereign levels of government. • The separation of powers between the ______ (Federal) Government and ______ Governments. • Often referred to as levels of government

Why? • The founding fathers feared a strong ______ government that would control the entire country. • The federalist system was created to allow the states to maintain _____ control of the residents in them.

“Spheres of Power” • The federal system established by the Constitution divided power and responsibility: – Local issues were the province of the _____ (education, police protection) – National issues were the province of the _______ Government (war, currency) – Some policies overlapped (taxation)

Powers The Constitution divides powers between different levels of government. They fall into 3 categories: _______/Enumerated/Expressed Powers ________________ Powers

_______ Powers • Powers given to the federal government in the constitution • Include: – Coin Money – _____ Interstate and foreign trade – Raise and maintain armed forces – ______ War – Govern U. S. Territories and admit new states – Conduct foreign relations

_______ Powers • To enable Congress to perform their delegated powers, the Constitution contains the Necessary and Proper clause, often called the “_____ Clause” (think elastic like a rubber band: it stretches and changes with the times) These powers are not listed in the constitution, but are ______ by it.

“______ Clause” • Article 1 Section 8 Clause 18 gives congress the power to “make all Laws which shall be______and ____ for carrying into Execution…Powers vested by this Constitution in the Government of the United States…. ” • This Necessary and Proper Clause, gives congress power to _______ laws not listed in the Constitution if they are “necessary and proper” to execute other powers. • Called the Elastic Clause

Ex. Of the Necessary and Proper Clause • Ex. Create the __________ system to “regulate commerce” • Ex. Create the Air Force as “to raise and support Armies” • Ex. Create _______as “fix the Standard of Weights and Measures”

_______ Powers • Powers reserved to the state and local governments. The federal government cannot interfere in the powers reserved for the states • ____Amendment: “…powers not delegated… are reserved to the States. ” • Most of what government does in this country today is done by the states and their local governments!

Examples of Reserved Powers • Regulate trade and business _______ the State • Establish Public Schools • Pass ______ requirements for professionals • Regulate _______ beverages • Conduct ______ • Establish local governments • Regulate _____ laws

_______ Powers • Powers that are shared by both the federal and state/local governments.

Examples of Concurrent Powers • • • Levy and collect _______ Borrow money Establish ____ Claim private property for public use ______ crimes and set punishments

The _______ Clause “This Constitution and the Laws of the United States…shall be the supreme Law of the Land. . . ” – Article VI, Section 2 States that the ______ is the highest law of the land, and that Federal Laws stand above state and local laws.

Supremacy Clause

Mc. Culloch v. Maryland • The ______of the Federal Government and the use of the elastic clause was challenged in the Supreme Court case Mc. Culloch v. Maryland. • The state of Maryland questioned the government’s authority to create a _______ and was using its power to tax to eliminate it.

Supreme Court’s Decision Implied Powers: • Chief Justice John ______ sided with the National Government. Even though “Bank” is not mentioned in the constitution, its creation is a function of Congress’ power to “_____, borrow money and regulate ______”. The Necessary and Proper clause gives Congress the power to create a national bank.

Supreme Court’s Decision (cont. ) Supremacy Clause: • Maryland’s tax on the bank was negated by the________Clause, • Justice Marshall’s statement “The power to tax is the power to destroy”, illustrates the fact that the Federal government’s power to establish a bank is ______ over the power of the state to tax.

Move toward Centralization • Over the history of the country, Federalism has evolved and moved towards _________: The process by which national authority has increased over the states.

Early Centralization • Mc. Culloch v. Maryland: Established Supremacy of National government and Implied powers of Congress. • ______ v. Ogden: Federal government supremacy over New York in ______ commerce on interstate trade.

______ Rights • In the mid-1800 s, states tried to show their sovereignty • _______ Crisis: Over a tariff that favored Northern states in 1832, South Carolina invoked the “Doctrine of Nullification” States could ____ a national law. • While Pres. Jackson threatened to use force, the tariff was _______ through compromise.

States’-Rights • _____v. Sanford: The rights of individuals to property (slaves) was affirmed by Justice Taney • The Missouri Compromise was __________ and Congress could not outlaw slavery in any part of the United States.

Civil War • The issue of states’-rights vs. centralization was settled by the Civil War. • The right to ______ was denied and national government was ______ over the states.

Dual Federalism • Dual Federalism: the idea that a precise separation of _______ and _______ power was both possible and desirable. • Called “_______ Federalism”

____ Amendment • Provides equal citizenship to all Americans, extended rights in the Bill of Rights even on the state level. However, • States had discretion how to enforce these rights, as seen in _____ v. Ferguson

Plessy v. Ferguson • Supreme Court ruled that separate facilities were constitutional as long as _____. • Removed the ____ government from the issue of equal citizenship in the states • Resulting: _____ treatment of African Americans in segregated states.

Laissez-Faire Federalism • The Supreme Court used the 14 th Amendment to recognize _______ as persons under the law. This gave protection from regulation by the states. • The Court also limited the “_____ Clause”, interpreting it as only applying to transport of goods between states, not manufacture in one state.

New Deal and _______ • The problems of the ____________proved too much for states to handle alone • The economy was too interconnected between states that the national government _______its power over commerce

Centralization (cont. ) • Early in the 1930 s, the Supreme Court struck down several laws as ______ overstepping its authority over interstate commerce. • But by 1935, the court switched its tendencies and ruled that the Commerce power of Congress was “as _____ as the nation” • Since, Congress has been involved in laws dealing with interstate commerce as well as _____ liberties.

______ Federalism • Since the 1930 s, the idea of “_______ federalism” no longer applies. • New, more integrated and complicated federalism models are in play.

_______ Federalism • Def. National, state and local levels work together to solve problems. • Called “_____ Cake” Federalism • Ex. ______ (govt. healthcare for the poor) – Funded jointly by the national/state/local govts. – Administered jointly, local/state providing direct services and national providing general admin. – Determined jointly in regards to eligibility and benefit levels. Federal regulations provide guidelines while states set local rules.

_____ Federalism • Def. Refers to the spending of ______ funds on programs run in part through states and localities. • ______-in-aid: Federal cash payments to states and localities for programs they administer. Several types.

______ Grants • Def. : Fed. Govt. “_____” state funds, so states spend more to receive more. • Problem: The promise of federal money is so powerful, that states and local governments are willing to ______ federal guidelines and spend their own funds for the federal money. • State and local officials are torn between their own _______ and the services that they could provide with the federal money.

_______ Grants • Def. Federal grant money that can be used only for designated ______. • Congress prefers these grants as they have ______ control over spending, while state and local authorities______the strings attached to the funds.

______ Grants • Def. Federal grants that permit _____ and local officials to decide how the money will be spent within a______area (health, education, etc. ) • Preferred form of grants by state/_______officials as they keep their autonomy.

______ • Def. ______ down authority from the _____ to state and local governments. • Democratic programs such as the New Deal and Great Society were seen as too large, ______ and wasteful. • Devolution was championed as “New ______” by Pres. Nixon and Reagan to allow states more control over the use of funds.

Devolution • Republican control of Congress in the 1990 s accelerated devolution. • Congress reduced _______ Mandates (Federal programs that ______governments need to fund mostly or entirely by themselves) • Welfare reform of ‘ 96 was changed to Block Grants, allowing states to find new approaches to welfare, such as job training and placement.

• Despite the call for smaller government and devolution, involvement of the federal government continues: – No Child Left Behind began to create a national standard for education – Department of ______ Security began to take local policing and emergency responsibilities from the states in the Post-9/11 U. S. – The government ______of the U. S. automobile industry and the $800 billion stimulus was seen as a necessary expansion of government power to deal with the “great recession”

Public Opinion and Federalism • The growth and shrinking of federal power is determined by public opinion. • Periods of national ______ (Great Depression, Great Recession) calls for greater nationalization. • Periods where government growth appears out of control (70 -90 s post Vietnam/Great Society) devolution is called for. • Public Opinion is the ultimate _____ on the power of the Federal Government.