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Explore the intricate layers of federalism in the United States with a focus on dual federalism, where both national and state governments retain supreme authority over specific policies. Gain insights into the historical context, constitutional basis, interstate relations, and impacts on democracy. Discover the advantages and disadvantages of this system, emphasizing the importance of cooperation between states for successful governance.
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CHAPTER 3 FEDERALISM
Edwards, Wattenberg, and Lineberry Government in America: People, Politics, and Policy Fourteenth Edition Federalism Chapter 3
Defining Federalism • Federalism?? a way of organizing a nation so that there are two or more levels of government. • Intergovernmental Relations?? the interactions among national, state & local governments
CH 4 Mag FEDERALISM CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS FROM THE STATE
CH 4 Mag FEDERALISM CONCURRENT POWERS BOTH STATE & NATIONAL DENIED POWERS NEITHER STATE OR NATIONAL USA STATE
WHY FEDERALISM? AFRAID OF A UNITARY GOV’T THE CONFEDERATION DIDN’T WORK STATES WANTED POWER & STABILITY TO GAIN SUPPORT FOR RATIFICATION
Defining Federalism • Federalism is Important • Decentralizes our politics • Increases opportunities • Decentralizes our policies • Increases options INCREASES POLITICAL INVOLVEMENT MORE ACCESS POINTS OF POWER
AMERICAN FEDERALISMWAS BRAND NEW VERY VAGUE LANGUAGE ARTICLE I, SEC. 8 (NECESSARY & PROPER CLAUSE)
The Constitutional Basis of Federalism The Division of Power Supremacy Clause: Article VI The U.S. Constitution Laws of Congress Treaties signed by the U.S.
Article VI, Section 2 • 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.
The Constitutional Basis of Federalism The Division of Power Tenth Amendment Yet, national government cannot usurp state powers.
SUPERMACY CLAUSEAND THE10TH AMENDMENTAPPEAR TO BE IN CONFLICT
The Constitutional Basis of Federalism • Establishing National Supremacy • Implied and enumerated powers • McCulloch v. Maryland (1819)
Article I, Section 8, Clause 18 Necessary and Proper Clause • The Congress shall have Power ... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
N & P Clause applied to many areas • Commerce Powers • Gibbons v. Ogden (1824) • The Civil War (1861-1865) • Racial Equality • Brown v. B of Ed (1954) • National Health Care • National Federation of Independent Business v. Sebelius (2012)
INTERSTATE RELATIONS 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 of Constitution)
INTERSTATE RELATIONS States’ Obligations to Each Other Privileges and Immunities?? Citizens of each state have the privileges of citizens of other states. (Article IV, Section 2 of Constitution)
INTERSTATE RELATIONS States’ Obligations to Each Other Extradition?? States must return a person charged with a crime in another state to that state for punishment.
CH 4 SUM FEDERALISM DEPENDS UPON COOPERATION FROM THE STATES FEDERALISM DEPENDS UPON COOPERATION BETWEEN THE STATES
AP CHAPTER 3 FEDERALISMextra stuff FEDERALISM = GOOD ELAZAR STRENGTH & FLEXIBILITY FEDERALISM = BAD LASKI & RIKER BLOCKS PROGRESS HELPS POWERFUL LOCALS
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
50 WORDS OR LESS IN 5 MINUTES ! HOW IS A PAPERCLIP LIKE FEDERALISM ??? “Pop” Essay
Intergovernmental Relations Today Dual Federalism ?? Definition: a system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies