FEDERALISM Introduction What is Federalism Federalism n Central

FEDERALISM Introduction

What is Federalism?

Federalism n. Central feature of the American political system n. Division and sharing of power between the national government and the states

Federalism n. Balance of power between the two levels of government has spawned some of the most intense controversies

Federalism n Historically, national interests have clashed with states’ rights n Even today--federalism is still one of the most important founding principles of the US government

All political systems may be evaluated according to their geographic distribution of power

What are the 3 political systems?

Political Systems n Unitary system n Confederal system n Federal system

(1) Unitary System n. One that concentrates all policymaking power in one central geographic place

(2) Confederal System n. Spreads the power among many sub-units (such as states) and has a weak central government

(3) Federal System n. Divides the power between the central government and the sub-units

Which political system does this US have today?

All political systems fall on a continuum from the most concentrated amount of power to the least

Historical Development of Federalism n Federalism was carefully defined in the Constitution as a founding principle of the US political system

Historical Development n The nature of federalism is dynamic and has been shaped through the years by laws, Supreme Court decisions, and debates among prominent elected officials and statesmen

Federalism in the Constitution n When the colonies declared their independence from Britain in 1776, they reacted against the British unitary system in which all political & economic power was concentrated in London

Federalism in the Constitution n Although the British did not impose this power consistently until after the French & Indian War ended in 1763, new controls on the colonial governments during the 1760 s became a major source of friction that led to war

Federalism in the Constitution n During the American Revolution, the states reacted to Britain’s unitary system by creating the Articles of Confederation n Gave virtually all powers to the states

Federalism in the Constitution n Framers at the Constitutional Convention tried to balance the perceived tyranny of the unitary system with the chaos created by the confederal system (Shay’s Rebellion)

Federalism in the Constitution n. Outlined a new hybrid federal system in the Constitution n. Federalism

Federalism became a major building block for preserving freedoms while still maintaining order in the new nation

Summary - Questions n What are three political systems? n Which one does the US currently have? n Which system does Britain have? n Which one did the US have during the Articles of Confederation? Confederate States during the Civil War?

What are Delegated Powers?

DELEGATED POWERS n U. S. Constitution grants the national gov certain delegated powers n Delegated powers are those that are specifically granted to the fed gov by the Constitution

DELEGATED POWERS n Delegated powers are also called expressed or enumerated n Main delegated powers are: n (1) War power n (2) Power to regulate interstate or foreign commerce n (3) Power to tax and spend

(1) The War Power n National gov is responsible for: n (A) Protecting the nation from external attacks n (B) Declaring war when necessary

(1) The War Power n Today defense includes: n (A) Maintaining a standing army, navy, and air force n (B) Ability to mobilize industry and scientific knowledge to back the efforts of the military

(2) Power to Regulate Interstate & Foreign Commerce n National gov has the responsibility to regulate commerce between the U. S. & foreign nations, as well as trade between states (interstate commerce)

(2) Power to Regulate Interstate & Foreign Commerce n The commerce clause (Article I, Section 8, Clause 3) gives Congress the power “to regulate Commerce with foreign nations, and among the several states, and with Indian tribes. ”

(2) Power to Regulate Interstate Commerce n The government regulates a wide range of human activity, including: n Agriculture n Transportation n Finance n Product safety n Labor relations n Workplace

(2) Power to Regulate Interstate & Foreign Commerce n Few aspects of today’s economy affect commerce in only one state, so most activities are subject to the national government’s constitutional authority

(3) Power to Tax & Spend n Even when Congress lacks the constitutional power to legislate (education), its power to appropriate money provides Congress with a great deal of control

(3) Power to Tax & Spend n When Congress finances an undertaking, it determines how the money will be spent n Congress may threaten to withhold funds if a project does not meet federal guidelines

(3) Power to Tax & Spend n In recent years, Congress has refused to finance a program in which benefits are denied of race, color, or national origin, and more recently, gender and physical handicap

DELEGATED POWERS n Other powers specifically delegated to the national government include: n Coining money n Establishing a postal system n Right of the government to borrow against its credit

What are Concurrent Powers?

CONCURRENT POWERS n All powers not granted in the Constitution to the national government are reserved for the states

CONCURRENT POWERS n States, however, may hold some of the same powers that the national government has, unless they have been given exclusively to the national government, either by provision of the Constitution or by judicial interpretation

CONCURRENT POWERS n Concurrent powers are those that both national and state governments hold n Examples—levying taxes, establishing & maintaining separate court systems

CONCURRENT POWERS n Federalism limits state powers in that states cannot “unduly burden” their citizens with taxes n Neither can they interfere with a function of the national government, nor abridge the terms of a treaty in the U. S. government

What re Reserved Powers?

RESERVED POWERS n Powers held by the states alone n They are not listed (as delegated powers are), but they are guaranteed by the 10 th Amendment as “reserved to the states respectively, or to the people. ”

RESERVED POWERS n Reserved powers include: n Establishing a local government n Regulating trade within a state (Intrastate trade)

What are Prohibited Powers?

PROHIBITED POWERS n Prohibited powers are denied to either the national government, state governments, or both

PROHIBITED POWERS n Examples include: n Federal government cannot tax exports, and states governments cannot tax imports or exports n States cannot make treaties with or declare war with foreign governments