Federalism: State and National Governments in Conflict?

1. Federalism 3 State and National Governments in conflict?

2. L.O. 3.1: Define federalism and contrast it with alternative ways of organizing a nation. Defining Federalism 3.1 • What is federalism? • Unitary system • Power given to central government…Most nations • Confederation • Weak national government and power given to states • No States use this arrangement today • Are there other examples? • Intergovernmental relations • The dealings of federal and state governments with one another in a federal system • Federalism is not a common way of organizing government. Only 11 out of 190 countries use a federal system. Most nations have unitary systems, in which all power resides with the central government. States in the U.S. have a unitary relationship with local governments.

3. L.O. 3.1: Define federalism and contrast it with alternative ways of organizing a nation. 3.1 Authority relations in three systems of government

4. L.O. 3.1: Define federalism and contrast it with alternative ways of organizing a nation. 3.1 3.1Which organizing system does the government in the United States use? • Confederate • Unitary • Federal • Intergovernmental

5. L.O. 3.1: Define federalism and contrast it with alternative ways of organizing a nation. 3.1 3.1Which organizing system does the government in the United States use? • Confederate • Unitary • Federal • Intergovernmental

6. L.O.3.2: Outline the constitutional basis for the division of power between national and state governments, the establishment of national supremacy, and states’ obligations to each other. 3.2 Constitutional Basis of Federalism • Division of Power • Why Federalism??? • Are you an American or a Wisconsonite??? What about in 1787? Practicality in a large Republic?

7. L.O.3.2: Outline the constitutional basis for the division of power between national and state governments, the establishment of national supremacy, and states’ obligations to each other. 3.2 Constitutional Basis of Federalism Division of Power • States retained many powers They simply retained all powers that were not expressly forbidden. (Monk Article 1, Section 10) In addition to powers retained “silently”, the Constitution specifies that states carry out certain responsibilities: • Organize local governments and elections • Ratify Constitutional amendments • Maintain Republican govt.

8. L.O.3.2: Outline the constitutional basis for the division of power between national and state governments, the establishment of national supremacy, and states’ obligations to each other. 3.2 Some Powers Denied States by the Constitution Article I, Section 10

9. L.O.3.2: Outline the constitutional basis for the division of power between national and state governments, the establishment of national supremacy, and states’ obligations to each other. 3.2 Division of Power • Federal obligations to states (Monk Art. I Section 9)?? • Cannot divide states • Cannot tax interstate exports • Protect states against invasion • Overlapping responsibilities • establishing courts, maintaining law and order, protecting citizens’ health and safety, and regulating financial institutions. They can both levy taxes and take private property by eminent domain.

10. L.O.3.2: Outline the constitutional basis for the division of power between national and state governments, the establishment of national supremacy, and states’ obligations to each other. 3.2 National Supremacy • Which level should do what? • Debates over areas of policy responsibility • Supremacy clause Art. VI • Civil War • The Struggle for Racial Equality • Tenth Amendment • Eleventh Amendment

11. L.O.3.2: Outline the constitutional basis for the division of power between national and state governments, the establishment of national supremacy, and states’ obligations to each other. 3.2 Wallace and segregation In 1963, Alabama Governor George Wallace made a dramatic stand at the University of Alabama to resist integration of the all-white school. Federal marshals won this confrontation, and since then the federal government in general has been able to impose national standards of equal opportunity on the states.

12. L.O.3.2: Outline the constitutional basis for the division of power between national and state governments, the establishment of national supremacy, and states’ obligations to each other. 3.2 National Supremacy • Implied Powers • McCulloch v. Maryland (1819) Reading and Discussion • Enumerated powers • Elastic clause

13. L.O.3.2: Outline the constitutional basis for the division of power between national and state governments, the establishment of national supremacy, and states’ obligations to each other. 3.2 National Supremacy • Commerce power…What is Commerce?? • Gibbons v. Ogden (1824) Reading and Disc • Defines Commerce: The Court’s opinion in Gibbons v. Ogden defined commerce so broadly as to encompass virtually any commercial activity. • Supremacy clause Why give the Federal government the commerce power? • Promote economic development • Regulate economic activity and non-economic • Heart of Atl Case Study

14. L.O.3.2: Outline the constitutional basis for the division of power between national and state governments, the establishment of national supremacy, and states’ obligations to each other. 3.2 Supremacy Clause and Immigration Arizona Immigration Law Supreme Court Decision

15. L.O.3.2: Outline the constitutional basis for the division of power between national and state governments, the establishment of national supremacy, and states’ obligations to each other. 3.2 States’ Obligations to Each Other • Full faith and credit • The Constitution requires that states give full faith and credit to the public acts, records, and civil judicial proceedings of every other state. • WHY??? • Modern Implications • Marriage? • Because of the full faith and credit clause of the Constitution, marriage certificates issued by one state are valid in every state. Gay marriage has strained these principles. • When Hawaii legalized same-sex marriage, Congress passed the Defense of Marriage Act, which allowed states to make an exception to the full faith and credit clause and not recognize same sex marriages performed in other states. Is DOMA constitutional?

16. L.O.3.2: Outline the constitutional basis for the division of power between national and state governments, the establishment of national supremacy, and states’ obligations to each other. 3.2 States’ Obligations to Each Other • Full faith and credit • Modern Implications • Marriage and DOMA Can States Restrict • Is DOMA Constitutional?? Access to Marriage based on sexual preference • United States v Windsor * Obergefell v. Hodges The 5th and 14th amendments and Federalism?...

17. L.O.3.2: Outline the constitutional basis for the division of power between national and state governments, the establishment of national supremacy, and states’ obligations to each other. 3.2 States’ Obligations to Each Other • Extradition • The Constitution requires states to return a person charged with a crime in another state to that state for trial or imprisonment • Privileges and immunities • The privileges and immunities clause of the Fourteenth Amendment are designed to prevent discrimination by states against visitors or new residents coming from other states. But there are many exceptions to this clause. State universities, for example, can charge higher tuition to out-of-state students.

18. L.O.3.2: Outline the constitutional basis for the division of power between national and state governments, the establishment of national supremacy, and states’ obligations to each other. 3.2 3.2Which clause of the Constitution requires states to honor contracts signed in other states? • Privileges and immunities • Full faith and credit • Necessary and proper • Commerce

19. L.O.3.2: Outline the constitutional basis for the division of power between national and state governments, the establishment of national supremacy, and states’ obligations to each other. 3.2 3.2Which clause of the Constitution requires states to honor contracts signed in other states? • Privileges and immunities • Full faith and credit • Necessary and proper • Commerce

20. L.O.3.2: Outline the constitutional basis for the division of power between national and state governments, the establishment of national supremacy, and states’ obligations to each other.Quiz time!! • Identify the provisions within the Constitution that define federalism in the United States and explain how each shapes the relationship between the federal and state governments. 2. Explain the federalism implications of McCulloch v Maryland and Gibbons v. Ogden • * Expressed Powers: Art I, Sec. 8 • - Necessary and Proper Clause • - Commerce Clause • * Powers Denied: Art I Sec.’s 9, 10 • * Supremacy Clause, Art. VI • * 10th Amendment • Incorporation and the Bill of Rights (5th, 14th, etc.) • Privileges and Immunities Clause • Full faith and credit clause McCulloch: Necessary and Proper Clause validated, supremecy clause, popular sovereignty Gibbons: Broad definition of Commerce with far reaching implications, Supremecy clause

21. Video: In Context L.O.3.2: Outline the constitutional basis for the division of power between national and state governments, the establishment of national supremacy, and states’ obligations to each other. 3.2 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg3_Federalism_v2.html

22. Video: The Big Picture 3 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Edwards_Ch03_Federalism_Seg1_v1.html

23. Video: The Basics 3 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg2_Federalism_v2.html

24. Intergovernmental Relations L.O. 3.3: Characterize the shift from dual to cooperative federalism, the role of fiscal federalism in intergovernmental relations today, and diversity in policies among the states. 3.3 • From Dual to Cooperative Federalism • Devolution? • Fiscal Federalism

25. L.O. 3.3: Characterize the shift from dual to cooperative federalism, the role of fiscal federalism in intergovernmental relations today, and diversity in policies among the states. 3.3 From Dual to Cooperative Federalism • Dual federalism • Separate spheres of authority • Layer cake • Interpret federal power narrowly • Cooperative federalism • Shared costs • Federal guidelines • Shared administration E.C. Knight Shreveport Rate Case Schecter Poultry Carter v.Carter NLRB v. Jones and Laughlin Steel U.S. v. Darby Wickard v. Filburn Heart of Atlanta

26. L.O. 3.3: Characterize the shift from dual to cooperative federalism, the role of fiscal federalism in intergovernmental relations today, and diversity in policies among the states. 3.3 No Child Left Behind Act

27. L.O. 3.3: Characterize the shift from dual to cooperative federalism, the role of fiscal federalism in intergovernmental relations today, and diversity in policies among the states. 3.3 From Dual to Cooperative Federalism • Cooperative federalism in action • Schools – NCLB Waivers?/ Rewrite States are responsible for most public policies dealing with social, family, and moral issues. The Constitution does not give the national government the power to pass laws that directly regulate drinking ages, for example, but it can influence the states by making federal money contingent on adopting certain policies, such as raising the state drinking age to 21, in line with national prerogatives.

28. L.O. 3.3: Characterize the shift from dual to cooperative federalism, the role of fiscal federalism in intergovernmental relations today, and diversity in policies among the states. 3.3 Interstate highways • Highways and State Alcohol laws?? • Strings attached??.

29. L.O. 3.3: Characterize the shift from dual to cooperative federalism, the role of fiscal federalism in intergovernmental relations today, and diversity in policies among the states. 3.3 Devolution? • Party divide on federalism • Democrats favor national government power to advance national policies of health, safety, and social welfare • Republicans favor states • allow states to handle these responsibilities without government regulations. • Devolution since Reagan • Loosening federal regulations…on the economy • 1994 Congress: Republicans repeal fed. regulations • Harnessing federal government power…on social issues (remember DOMA?)

30. L.O. 3.3: Characterize the shift from dual to cooperative federalism, the role of fiscal federalism in intergovernmental relations today, and diversity in policies among the states. 3.3 Fiscal Federalism • The Grant System • Categorical grants • Specific purpose • Crossover sanctions • Crosscutting requirements • Project grants • Formula grants • Block grants • 1994 Congress • Scramble for federal dollars • Mandate blues

31. L.O. 3.3: Characterize the shift from dual to cooperative federalism, the role of fiscal federalism in intergovernmental relations today, and diversity in policies among the states. 3.3 Fiscal Federalism • The Grant System • Categorical grants • Specific purpose • Crossover sanctions • Crosscutting requirements • Project grants • Formula grants • Block grants • 1994 Congress • Scramble for federal dollars • Mandate blues

32. L.O. 3.3: Characterize the shift from dual to cooperative federalism, the role of fiscal federalism in intergovernmental relations today, and diversity in policies among the states. 3.3 FIGURE 3.1: Fiscal federalism: Federal grants to state and local governments Federal grants to state and local governments have grown rapidly in recent decades and now amount to more than $600 billion per year. The sharp increase in grants for 2010 and 2011 was the result of the stimulus package designed to counter the country’s financial crisis. The distribution of grants is not static. The percentage of grants devoted to health care, especially Medicaid, has increased substantially, mostly at the expense of income security programs.

33. L.O. 3.3: Characterize the shift from dual to cooperative federalism, the role of fiscal federalism in intergovernmental relations today, and diversity in policies among the states. 3.3 3.3Which of the following gives states more discretion in using federal funds? • Categorical grant • Formula grant • Block grant • Mandate

34. L.O. 3.3: Characterize the shift from dual to cooperative federalism, the role of fiscal federalism in intergovernmental relations today, and diversity in policies among the states. 3.3 3.3Which of the following gives states more discretion in using federal funds? • Categorical grant • Formula grant • Block grant • Mandate

35. L.O. 3.4: Explain the consequences of federalism for diversity in public polices among the states. 3.4 Diversity in Policy • Diversity in public opinion reflected in State policy Medicaid expansion under the Patient Protection Act

36. L.O. 3.4: Explain the consequences of federalism for diversity in public polices among the states. 3.4 Diversity in Policy • Policy innovation facilitated • Minimum Wage • Assisted Suicide or Death with Dignity??

37. L.O. 3.4: Explain the consequences of federalism for diversity in public polices among the states. 3.4 Diversity in Policy • Diversity has its downside • States are dependent upon the resources within their borders to finance public services. This may discourage states from providing some services so that, for example, poor people do not move to states with higher welfare benefits. It also means that residents of states that choose to spend less on certain services may lag behind residents of other states in, for example, quality of education. • Education spending/State • ACT Scores by State

38. L.O. 3.4: Explain the consequences of federalism for diversity in public polices among the states. 3.4 3.4Which of the following is a result of federalism? • Diversity of policies in states • States can be policy innovators • States can spend less on education • All of the above

39. L.O. 3.4: Explain the consequences of federalism for diversity in public polices among the states. 3.4 3.4Which of the following is a result of federalism? • Diversity of policies in states • States can be policy innovators • States can spend less on education • All of the above

40. Video: Thinking Like a Political Scientist L.O. 3.4: Explain the consequences of federalism for diversity in public polices among the states. 3.4 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg4_Federalism_v2.html

41. L.O. 3.5: Assess the impact of federalism on democratic government and the scope of government. 3.5 Understanding Federalism • What are the benefits of Federalism in a large Democratic Republic? • Representation of diverse local interests • Reduced conflict at the national level • Increased Citizen involvement • Acceptance of losing national elections • What are the negatives of Federalism in a large Republic? • increases opportunities for local interests to thwart national policy • can result in the election of a president not favored by a majority of the public • complicate efforts to make government responsive to diverse needs

42. L.O. 3.5: Assess the impact of federalism on democratic government and the scope of government. 3.5 Understanding Federalism • Federalism and the Scope of the National Government • Agree or disagree? Explain • “The national government has grown in response to the demands of Americans for public services it can best provide, but it has not in any way supplanted the states’constitutional authority.”

43. L.O. 3.5: Assess the impact of federalism on democratic government and the scope of government. 3.5 Number of governments in America?

44. L.O. 3.5: Assess the impact of federalism on democratic government and the scope of government. 3.5 Federalism and the Scope of the National Government • Why national government grew? • Economic intervention • Industrialization • Quotas • Subsidies • Preventing monopolies • Occupational health and safety • Urbanization • Housing • Social welfare • Other Reasons???

45. L.O. 3.5: Assess the impact of federalism on democratic government and the scope of government. 3.5 FIGURE 3.3: Fiscal Federalism: The size of the public sector

46. L.O. 3.5: Assess the impact of federalism on democratic government and the scope of government. 3.5 3.5Federalism has contributed to democracy in all of the following ways except: • The Electoral College • More opportunities for participation • Disputes resolved at lower levels • More points of access

47. L.O. 3.5: Assess the impact of federalism on democratic government and the scope of government. 3.5 3.5Federalism has contributed to democracy in all of the following ways except: • The Electoral College • More opportunities for participation • Disputes resolved at lower levels • More points of access

48. Video: In the Real World L.O. 3.5: Assess the impact of federalism on democratic government and the scope of government. 3.5 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg5_Federalism_v2.html

49. Discussion Question 3 In what ways has federalism contributed to democracy? In what ways has federalism been detrimental to democracy? Has this pattern followed the Framers’ intentions? Could they have foreseen the issues the federal government and the states would have to deal with after industrialization?

50. Video: So What? 3 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Edwards_Ch03_Federalism_Seg6_v2.html