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Federalism

Federalism. Chapter 3. Federalism Defined. Federalism - a system in which powers of government are divided between a National Government and several regional or local governments. 10th Amendment. Unitary. Confederal. Federal. Federalism: A Historical Perspective.

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Federalism

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  1. Federalism Chapter 3

  2. Federalism Defined • Federalism - a system in which powers of government are divided between a National Government and several regional or local governments. 10th Amendment

  3. Unitary Confederal

  4. Federal

  5. Federalism: A Historical Perspective • The Philadelphia Convention in 1787 was supposed to fix the problems with the Articles of Confederation • Instead, a new Constitution was written combining features of a confederacy (a loose union of independent states) with a unitary system (one strong central government) • This federal system created two or more governments that exercise power and authority over the same people and the same territory

  6. Federalism Defined • Federalism has been a contentious and dynamic system. • Federalism’s development has been determined less by the nature of the original Constitutional language (or lack thereof) ... • than by the strength of contending interests and by the country’s changing needs.

  7. Defining Federalism • Why is Federalism So Important? • Decentralizes our politics • More opportunities to participate • Decentralizes our policies • Which government should take care of which problem? • States can solve the same problem in different ways.

  8. The Constitutional Basis of Federalism

  9. Delegated Powers of the National Government • Expressed Powers - clearly spelled out in the Constitution and given to the Federal Government. • Implied Powers - reasonably implied by the “necessary and proper clause” of the Constitution. • Inherent Powers - powers that belong to the sovereign state (U.S. Government).

  10. Powers Denied to the National Government • Expressly denied : the Federal Government can not …. • Denied by “silence” of the Constitution and therefore belong to the states. We the People

  11. States: Governments of Reserved Powers • Reserved Powers - neither expressly given to the National government nor denied to the States (All local governments are sub-units of the States) U.S. Constitution

  12. FEDERAL STATE SHARED to pass laws health/education voting requirements marriage intrastate commerce police to declare war to coin money immigration to appoint ambassadors to interpret laws interstate commerce Tax create courts create laws for the general welfare

  13. The Constitutional Basis of Federalism

  14. Article VI “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

  15. 10th Amendment “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”. Puleaze!!! Don’t Even...

  16. The Big Lie! Federalist NO. 45- “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” James Madison

  17. Brevity of the Constitution • The Framers of the Constitution deliberately avoided detailed provisions in the document. • Instead, brief phrases give flexibility to the government they were creating. • The Constitution does not define what is meant by the Necessary and Proper Clause - Congress can make “all Laws necessary and proper for the carrying into Execution the foregoing Powers”. Article I Section 8 Clause 18

  18. Contending Interests and Changing Needs.

  19. Federalism Through the Years • 1787-1865: Federalism as National Supremacy versus States’ Rights • During the period from the adoption of the Constitution to the end of the Civil War, the constitutional debate continued over the proper role of governments in the American system. • Main issue: Nation-centered vs. State-centered - can the Union survive?

  20. Federalism Through the Years The Doctrine of Nullification • Virginia-Kentucky Resolutions - authored by Jefferson and Madison in response to the Alien and Sedition acts, argued that States did not have to obey laws passed by Congress that the States thought were “unconstitutional”doctrine of states rights. • Marbury v Madison (1803) - the federal courts have the authority to interpret & nullify (declare unconstitutional) laws

  21. Federalism Through the Years: The Marshall Court • During the formative years of the republic, Chief Justice John Marshall’s Supreme Court defended national supremacy with other decisions: • Fletcher v Peck (1810) - Supreme Court has the right to review/overturn a state law • McCulloch v Maryland (1819)- elastic clause • Gibbons v Ogden (1824) Federal authority of interstate commerce, not the scope of a state

  22. The U.S. Constitution • McCulloch v Maryland - the Supreme Court decided “States have no power to retard, impede, burden, or in any manner, control the operation of the constitutional laws enacted by Congress”. • Edwin McCulloch, who was head cashier at the U.S. Bank in Maryland, refused to pay the tax Maryland placed on the Bank of the U.S. The resulting dispute reached the Supreme Court.

  23. ? Can a State tax an agency of the Federal Government? ? Is a Bank of the United States legal according to the Constitution? No. A State can not tax an agency of the Federal government. Yes. It is necessary and proper to infer that a government with the power to tax, borrow money, and regulate commerce could establish a bank in order to exercise those powers properly. McCulloch v. Maryland ?

  24. Federalism Through the Years The Doctrine of Nullification • In response to high tariffs during Jackson’s presidency, John C. Calhoun argued his theory of nullification, that each State had the constitutional right to nullify a national law.

  25. The Civil War: The Greatest Test • The secession of the Southern States challenged the supremacy of the federal government; the ultimate decider of states’ rights versus federal authority

  26. Federalism Through the YearsThe Great Depression • The Great Depression revealed that Americans had become a national community with national economic needs. • All States felt the economic woes of the Depression - States had assumed the responsibility for welfare but they were penniless to render assistance.

  27. Federalism Through the YearsThe Great Depression • The expansion of the Federal Government takes place when F.D.R. and the Congress implement the New Deal, which attempts to “prime the pump” of the economy.

  28. Federalism Through the Years The 1960s • During the 1960s under the Johnson Administration, the Great Society programs again expanded the range of federal activity at the state level with the goal of alleviating poverty, particularly in urban areas. Money from national government to states: the carrot and stick approach. • The Civil Rights Movement

  29. Seventies and Eighties • New Federalism- Richard Nixon- Revenue Sharing • Reagan Revolution- National Government as an enemy of the people

  30. Federalism Today • President Bush has campaigned with the promise of allowing states to manage the affairs of people’s everyday lives… • With the Federal government taking a supportive role. • The Federal government continues to “suggest” paths for the states to take with the promise of Federal grants for education, health care and other programs.

  31. Obligations the Federal Government Has to the States • Guarantee of a Republican Form of Government - a government in which people are represented through elections • Protection Against Invasion and Domestic Violence - An attack on the U.S. or a call from a State for help during a riot • Respect For Territorial Integrity - Recognize the legal existence and territorial boundary of a State • Admitting New States - Doing so without taking territory from an existing State.

  32. The States Assists the Federal Government • National Elections - conduct elections, paid with State and local funds. • Naturalization of Citizens - the legal process takes place in State Courts. • Federal Fugitives – capture and hold fleeing federal fugitives for federal agents.

  33. How Do Several of the Constitution’s Provisions Promote Cooperation Between and Among the States?

  34. Interstate Compacts - Agreements among the States. • Full Faith and Credit - Respect the validity of legal documents and civil court proceedings of a State. • Extradition - A fugitive from one State is returned to the State where the crime was committed. • Privileges and Immunities - a resident of one State will not be discriminated against unreasonably by another State.

  35. Dual Federalism • Constitutional doctrine holds that certain policy areas, such as interstate commerce and defense, were the clear and exclusive province of national authority. • Other policy areas, such as public heath and intrastate commerce belonged clearly and exclusively to the states. • Referred to as layer cake federalism.

  36. Cooperative Federalism • Marble Cake Federalism, rejects the idea of separate spheres or layers for the states and national government and promotes cooperation between federal and state governments: • Shared costs • Federal guidelines • Shared administration ; a fragmentation of responsibility

  37. Intergovernmental Relations Today

  38. Intergovernmental Cooperation: Fiscal Federalism • Categorical Grants - Money from the Federal government to assist States carry out many of its functions - “strings attached”. • Block Grants - Money given by the Federal government to States for a broadly defined purpose - “strings attached”. • Revenue Sharing - a % of tax money is given to the States to distribute as they see fit.

  39. Intergovernmental Cooperation: Competitive Federalism • Conditions of Aid - “with strings attached”-the Federal government gives Grants based on a certain condition that must be fulfilled by the State • Mandates - the Federal government dictates what the States must do - especially in areas of civil rights and the environment. • Unfunded mandates- are requirements on state & local governments- but no money

  40. Intergovernmental Relations Today • Federal Grants to State and Local Governments (Figure 3.1)

  41. Advantages for Democracy Increasing access to government Local problems can be solved locally Hard for political parties / 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- too much money Understanding Federalism

  42. Understanding Federalism

  43. Understanding Federalism • Federalism and the Scope of Government • Which level of government is best able to solve the problem? • Which level of government is best able to fund solutions to the problem?

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