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Federalism

Federalism. Sharing Power. Key Terms. Expressed powers Implied powers Inherent powers Reserved powers Concurrent powers Full faith and credit clause. Why Federalism?. No way unitary Balance States’ Rights Powerful national government Republican government. National Powers.

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Federalism

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  1. Federalism Sharing Power

  2. Key Terms • Expressed powers • Implied powers • Inherent powers • Reserved powers • Concurrent powers • Full faith and credit clause

  3. Why Federalism? • No way unitary • Balance • States’ Rights • Powerful national government • Republican government

  4. National Powers • Expressed • Implied • Inherent

  5. State Powers • Reserved • 10th Amendment (Reserved Powers Clause)

  6. Shared Powers • Concurrent Powers • Supremacy Clause- Article VI • The Constitution and national laws and treaties are the supreme law of the land

  7. Limits of Power • National government cannot: • Tax exports between states • Spend money unless authorized by Congress • Exercise powers reserved to the states • Interfere with basic liberties • State government cannot • Coin money • Enter into treaties • Neither can • Deny a citizen the right to a trial by jury (habeas corpus) • Pass ex post facto laws

  8. Nation and State Relations • States must have republican state government • Nation must protect states from invasion and domestic uprising • Grant states equal representation in Senate • Levy taxes equally across states • Prohibited from splitting up states or changing state boundaries • Full Faith and Credit Clause • Privileges and immunity clause prevents most circumstances in which a person from one state may be discriminated against by another state • Local governments not mentioned- they are created and organized by the state government

  9. Role of the Supreme Court • Article III- SCOTUS acts as referee by hearing cases involving: • The Constitution • U.S. laws • Disputes between the states

  10. Dual Federalism • State and national governments were equal authorities operating within their own spheres of influence (1789-1930) • McCulloch v. Maryland (1819) SCOTUS ruled that the Constitution’s necessary and proper clause gave the national government the power to take actions necessary and proper to carrying out its expressed powers • Doctrine of Nullification- Civil War era- states can nullify national laws that conflicted with state interests • Doctrine of Succession- states had the right to separate themselves from the Union

  11. Expanding National Power • Social and economic issues that accompanied immigrants and technology of the 20th century • Trust Busting • New Deal • Cooperative Federalism- states working with federal policymakers to address problems • Creative Federalism- 1960s- national government released grants to state and local communities to achieve national goals

  12. New Federalism • 1980s- Ronald Reagan- return authority to state governments • 1990s- Republican Party promised to scale down federal spending and return power to states- Devolution

  13. Fiscal Federalism • System of spending, taxing, and providing aid in the federal system • Grants-in-aid: money and other resources that the national government provides to pay for state and local activities, ranging from low-income housing to disaster preparedness programs

  14. Grants and Mandates • Categorical grants- federal grants that can only be used for a specific purpose, or category, of state and local spending, to give aid to states • New Airport • Disaster Relief • Block Grants- federal grants that are given for more general purposes than a categorical grant or for broad policy areas, such as welfare or education • Federal Mandates- demands to carry out certain policies as a condition of receiving grant money • 14th Amendment • Clean Air Act of 1970

  15. Issues in Federalism Today • Welfare systems- states have had control through block grants since 1996 • Department of Homeland Security- how can different levels of government best work together? • Protecting the environment • Immigration • Health Care • Marijuana

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