Federalism Objectives Identify ways Constitution determines the powers
Federalism Objectives: • 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 class Reading Quiz Unit 1 Test Friday (A) and Monday (B)
Federalism Objectives: • 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 class Supreme Court cases – Mc. Culloch and Gibbons packet Unit 1 essay due Thursday (A) and Friday (B)
What is Federalism Ø 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. Ø
Defining Federalism Examples Unitary: Britain, Israel Confederate: 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 implied powers from the necessary & proper clause or “elastic clause” (ex: create a national bank) The U. S. Constitution is the supreme law of the land (National Supremacy Clause) The 10 th Amendment reserves powers to the states (ex: education, law enforcement, etc. ) The Federal Government has expressed powers specifically granted in the Constitution (tax, regulate commerce, declare war, etc. )
The Constitutional Basis of Federalism �The 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 �Mc. Culloch 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 10 th 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 Federalism States’ Obligations to Each Other � Full 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 that both the Powers National Government � Powers that can be and the States possess exercised by the National and exercise. Government alone are � Some of the concurrent known as the exclusive powers include the powers. power to levy and collect � Examples of the exclusive taxes, to define crimes powers are the National and set punishments for Government’s power to coin them, and to claim money, to make treaties private property for with foreign states, and to lay duties (taxes) on imports. public use.
Government Powers Federal 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 Federalism 1787 – 1930 s �“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 Federalism Since the 1930 s �“Marble cake” federalism �Each level of government has roles to carry out, but. . . �Shared costs and administration �Lots of overlap between roles to be carried out. �The flavors in the cake are all mixed up!
Intergovernmental Relations Today Fiscal 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 Federalism 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
Summary � American 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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