Exploring Federalism: Shared Governance Systems

August 25/26, 2014Do Now • What decisions do you believe your parents should make for you? • What decisions should you be able to make yourself? • What decisions should be made cooperatively? 3 minutes

5 minutes

SWBAT describe how federalism is a system of shared governmental power. Federalism is the division of powers among the local, state, and national governments.

SWBAT describe how federalism is a system of shared governmental power. • Do Now: 5 minutes • Announcements: 2 minutes • Notes/Videos: 30 minutes • Classification Activity & Game: 18 minutes • Notes/Videos: 10 minutes • Federalism & Current Events: 45 minutes • Exit Slip: 10 minutes Federalism is the division of powers among the local, state, and national governments.

Announcements • Test delayed until September 3-5

I. 3 Systems of Government • A. Unitary • System of government with all power vested in a central government • Most common form of government • Examples: Great Britain, France, China

I. 3 Systems of Government • B. Confederate • A decentralized system of government in which a weak central government has limited power over the states.

I. 3 Systems of Government • C. Federal • A system of government in which a written constitution divides power between a central government and regional governments. • 2 or more levels of government have formal authority over the same area and people. • Examples: U.S., Mexico, Canada, Germany, India

II. The Framers Chose Federalism • A. John Marshall’s views on federalism:

Summarize John Marshall’s views of federalism • P1s1-hi.wmv • http://www.pbs.org/wnet/supremecourt/educators/video/lp1_vid1.html

John Marshall’s Views of Federalism • Who can define the term "federalism"? • How did John Marshall think power should be balanced between state and national governments in his day? • Did the division of power surprise you in any way? Explain your answer.

II. The Framers Chose Federalism • B. Not everyone agreed with Marshall. In some ways, the Constitution became a compromise document that laid out that division of power. • C. The traditional division of power between the states and the national government has shifted over time.

III. Federalism & Separation of Powers • Expressed Powers (Also known as delegated/enumerated powers) • Powers specifically given to the national government • Examples: Articles I–V and 16th Amendment

III. Federalism & Separation of Powers B. Implied powers— 1. Any law reasonably necessary to enforce the Constitution. 2. Comes from the Necessary and Proper Clause, or Elastic Clause (Article I, Section 8,Clause 18)

III. Federalism & Separation of Powers C. Inherent powers— • powers that exist for the national government because the government represents an independent country • Examples: powers to make treaties, wage war, or acquire territory

III. Federalism & Separation of Powers D. Concurrent powers— • Powers that belong to both the national and state governments • Examples: power to tax, borrow money, and establish courts

III. Federalism & Separation of Powers E. Reserved powers— 1. Powers belonging specifically to the state because they were neither delegated to the national government nor denied to the states 2. Article IV; Amendment 10

III. Federalism & Separation of Powers F. Prohibited powers— 1. Powers that are denied to the government (national, state, or both) 2. Article I, Sections 9 and 10; * For example, neither the national government nor state governments may pass an ex post facto law or a bill of attainder.

IV. Milestones in Establishing National Supremacy • A. McCulloch vs Maryland (1819)

McCulloch v Maryland: http://www.pbs.org/wnet/supremecourt/educators/video/lp1_vid2.html • 1. Who were the major players in the case? • 2. What was at the root of the conflict? • 3. What was the Court’s decision? What reasons did the Court give for its decision?

McCulloch v Maryland: • 4. Significance: • Confirmed Congress’ implied powers • Validated national supremacy

IV. Milestones in Establishing National Supremacy • B. Gibbons v Ogden (1824) • Supreme Court rules that only Congress can regulate interstate trade • “Commerce” is broadly defined as almost any business activity  Congress now regulates almost everything (like radio, telephone, roads, restaurants/hotels, food, etc).

V. Four Kinds of Federalism (Cake) • A. Dual Federalism • The earliest interpretation of federalism viewsthe national and state governments each remaining supreme within their own sphere of influence. • This form of federalism is often referred to as "layer cake federalism," because each level of government is seen as separate from the other. • Example: The early beliefs that states had the sole responsibility for educating their citizens and the national government had the sole responsibility for foreign policy issues are examples of dual federalism.

V. Four Kinds of Federalism (Cake) • B. Cooperative Federalism • In the 1930s the interpretation of federalism shifted to that of the national and state governments sharing policymaking and cooperating in solving problems. • Cooperative federalism or "marble cake federalism” because power is blended. • Example: The cooperation of the national and state governments to build the national interstate highway system is an example of cooperative federalism.

V. Four Kinds of Federalism (Cake) • C. Fiscal Federalism • The national government's patterns of spending, taxation, and providing grants to influence state and local governments is known today as fiscal federalism. The national government uses fiscal policy to influence the states through granting or withholding money to pay for programs.

V. Four Kinds of Federalism (Cake) • Grants-in-aid programs—money for specific projects. • Categorical grants—money for a specific purpose defined by law, such as sewage treatment facilities or school lunch programs. • Block grants—money that can be used for a variety of purposes within a broad category, such as education, health care, or public services; fewer strings attached so state and local governments have greater freedom. • Mandates—requirements that are imposed by the national government on the state and local governments; for example, the Americans with Disabilities Act (1990) mandates that all public buildings be accessible to persons with disabilities. Mandates often require state or local governments to meet the requirement at their own expense (unfunded mandates).

V. Four Kinds of Federalism (Cake) • D. New Federalism • During the administrations of Richard Nixon, Ronald Reagan, and George H.W. Bush the national government attempted to implement a reversal of cooperative federalism and place more responsibility on the states about how grant money would be spent. • Known as “devolution”—a transfer of power to political subunits • An example of new federalism is welfare reform legislation, which has returned more authority over welfare programs to the states.

VI. Federalism in Practice • Full Faith and Credit Clause—States are required to recognize the laws and legal documents of other states, such as birth certificates, marriage licenses, drivers' licenses, wills. • Privileges and Immunities Clause—States are prohibited from unreasonably discriminating against residents of other states. Nonresidents may travel through other states; buy, sell, and hold property; and enter into contracts (does not extend to political rights such as the right to vote or run for political office, or to the right to practice certain regulated professions such as teaching). • Extradition—States may return fugitives to a state from which they have fled to avoid criminal prosecution at the request of the governor of the state. • interstate compacts—States may make agreements, sometimes requiring congressional approval, to work together to solve regional problems. Some examples are "hot-pursuit agreements," parole and probation agreements, the Port Authority of New York and New Jersey, and regulating the common use of shared natural resources.

Federalism & Current Events

Announcements • Homework: Flashcards • Test delayed: September 3-5

1.3: Principles of the Constitution - Federalism • 1) What is federalism? • 2) List an example of federalism AND explain how it is an example of federalism. • 3) List an advantage AND a disadvantage of federalism.

Exploring Federalism: Shared Governance Systems