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US Politics

US Politics. Federalism. Federalism: Overview. Forms of Government Federalism and Freedom Evolution of Federalism Dual Cooperative Creative “New”. Forms of Government: Unitary Government. Sovereign Government. Forms of Government: Confederations. States. B. C. D. A.

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US Politics

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  1. US Politics Federalism

  2. Federalism: Overview • Forms of Government • Federalism and Freedom • Evolution of Federalism • Dual • Cooperative • Creative • “New”

  3. Forms of Government:Unitary Government Sovereign Government

  4. Forms of Government:Confederations States B C D A

  5. Forms of Government:Confederations SG SG SG SG SG = Sovereign Government

  6. Forms of Government:Confederations SG SG SG SG National Government National Government is not Sovereign

  7. Forms of Government:Confederations SG SG SG SG National Government Voluntary union of independent states

  8. Forms of Government:Federalism National Government State Government

  9. Forms of Government:Federalism Enumerated Powers: Powers specifically granted to national government (Art. I, Section 8 mostly) National Government State Government

  10. Forms of Government:Federalism Implied Powers: Powers not directly expressed but held to derive from enumerated powers National Government StateGovernment

  11. Forms of Government:Federalism Inherent Powers: Powers based in international law and the basic definition of a sovereign nation National Government State Government

  12. Forms of Government:Federalism • Specific (Enumerated) Powers • Implied Powers • Inherent Powers National Government • ReservedPowers State Government

  13. Forms of Government:Federalism • Specific (Enumerated) Powers • Implied Powers • Inherent Powers National Government • Reserved Powers: • Derived from 10th Amendment StateGovernment

  14. Forms of Government:Federalism C O N C U R R E N T • Specific (Enumerated) Powers • Implied Powers • Inherent Powers National Government • Reserved Powers State Government

  15. Forms of Government:Federalism C O N C U R R E N T • Specific (Enumerated) Powers • Implied Powers • Inherent Powers National Government • Reserved Powers State Government Powers shared by both levels of Government

  16. Federalism • In addition to “vertical” federalism, or the relation between national government and states, we also have “horizontal” federalism, or the relation among the states

  17. Federalism • Article IV, section 1, of the Constitution guarantees “Full Faith and Credit shall be given each State to the public Acts, Records, and judicial proceedings of every other State.”

  18. Federalism • Article 4, Section 2, guarantees that “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the Several States”

  19. Federalism One consequence of this form of governmentis a huge proliferation of governments in the U.S.

  20. Federalism National Government 1 State Governments 50 Local Governments 87,849 Counties 3,034 Municipalities 19,431 Townships 16,506 Special Districts 35,356 School Districts 13,522 How is all this compatible with freedom?

  21. Federalism and Freedom • Federalism was a new idea for organizing a state that has different ethnic or national components • Conventional wisdom was that democracy only possible on a small scale • During ratification debates, supporters of the Constitution had to show that their system of government -- federalism -- was compatible with liberty

  22. Federalism and Freedom • Federalist Paperswere a collection of essays published during the New York state ratification debates by “Publius”

  23. Federalism and Freedom • James Madison John Jay “Publius” was the pseudonym used by 3 different authors Alexander Hamilton

  24. Federalism and Freedom In Federalist #10 Publius (Madison) argues that historically, democracies have collapsed because they have been riven by factional strife where a faction is:

  25. Federalism and Freedom “a number of citizens, whether amounting to a majority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.”

  26. Federalism and Freedom • In other words, democraciescollapse when the public good is given over to groups whouse public resources for private gain • The question then becomes: Can we cure the evil of factions?

  27. Federalism and Freedom • How do we insulate ourselves from factional strife? • Either remove the causes of faction or control the effects of faction

  28. Federalism and Freedom Factions Effects Causes

  29. Federalism and Freedom Factions Effects Causes Liberty Inequality

  30. Federalism and Freedom Sources of faction • Freedom/Liberty Factions form if we allow people to freely associate, to think freely, to worship freely “Liberty is to faction what air is to fire, an aliment without which it constantly expires... • Cure? -- Eliminate Liberty?

  31. Federalism and Freedom “It could not be a less folly to abolish liberty, which is essential to political life, because it nourishes faction than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency.”

  32. Federalism and Freedom Factions Effects Causes Liberty Inequality

  33. Federalism and Freedom • Sources of faction • Freedom/Liberty • Inequality • People have different thoughts, beliefs, skills Cure? Make sure everyone is completely equal

  34. Federalism and Freedom “It is in vain to say that enlightened statesmen will be able to adjust these clashing interests and render them all subservient to the public good. Enlightened statesmen will not always be at the helm...”

  35. Federalism and Freedom “The inference to which we are brought is that the causes of faction cannot be removed and that relief is only to be sought in the means of controlling its effects.”

  36. Federalism and Freedom Factions Effects Causes Liberty Inequality

  37. Federalism and Freedom • But controlling the causes of factions depends on the type of faction we must confront • Madison argues there are 2 types of faction, based on the size of the interest: • Minority • Majority

  38. Federalism and Freedom Faction Majority Minority These are electoral minorities; that is, they are defined by how many people/votes theycan deliver How do we control each type?

  39. Federalism and Freedom Faction Majority Minority Democracy (since,as electoral minorities, thesefactions will lose every voting contest

  40. Federalism and Freedom Faction Majority Minority Democracy As electoral minorities they lose every voting contest As electoral majority, democracyby itself can’t controlthese factions

  41. Federalism and Freedom Faction Majority Minority Democracy As electoral minorities they lose every voting contest Need to establish institutional and procedural ways to control this faction

  42. Federalism and Freedom Faction Majority Minority Democracy As electoral minorities they lose every voting contest • Separation of Powers • Checks & Balances • Federalism

  43. Federalism and Freedom C O N C U R R E N T • Specific (Enumerated) Powers • Implied Powers • Inherent Powers National Government • Reserved Powers State Government each level checks the other, and protectsour freedom

  44. Evolution of Federalism • Early Years: Defining the Power of Each Level • McCulloch v. Maryland (1819) • Gibbons v. Ogden (1824) • Expanded federal power over states • States Rights renewed • Civil War

  45. Evolution of Federalism • Civil War Amendments (13th, 14th, 15th) • Expansion of federal power • End of Reconstruction • Scale back federal government to include only the Enumerated Powers • Re-Establishment of “Dual Federalism”

  46. Dual Federalism • The idea that the federal and state governments should be restricted solely to their exclusive spheres of power as outlined in the constitution • Federal and State governments are co-equal sovereign partners • Dominant from end of Reconstruction through Great Depression (1877 - 1932)

  47. Dual Federalism National Government State Government

  48. Cooperative Federalism • Developed as response to problems of the Great Depression, particularly the fiscal crisis in the states • In response to these problems, states and the national government should cooperate in solving these problems

  49. Cooperative Federalism • Primary tools were financial • Grants in Aid • Huge expansion of federal programs and expenditures • Federal governmentnow involved in whatwere state governmentactivities These subsidize awide variety of state policies

  50. Creative Federalism • Beginning with President Lyndon Johnson’s “Great Society” Programs • Opened federal government programs to application by local officials and non governmental groups • Categorical Grants • e.g., Head Start • Unfunded Mandates

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