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“Local, state and federal emergency agencies had been planning for years how to respond before and after this kind of emergency. They even had practice drills where every kind of relief issue was reviewed -- food, water, security and health -- and who was responsible for delivering those services was specifically laid out in numerous plans. But many of those plans fell apart in Katrina's aftermath. Despite warnings of a worst-case scenario, bureaucratic wrangles prevented soldiers from getting to the scene, the plan for emergency communications left police in the dark and helpless, and truckloads of emergency supplies ended up hundreds of miles away. Four days after Katrina hit, it was still unclear who was in charge of the relief effort” In a special report on All Things Considered, NPR's Laura Sullivan and Daniel Zwerdling examine how the disaster called Hurricane Katrina unfolded. MORE: Katrina: What Went Wrong? 4:58 p.m. EDT | Sept. 9, 2005 | Tracking the Katrina Disaster
I’ll give $20 to the first person to find the word federalism in the Constitution It Is absent but State and National Power clearly defined in Article 1, Section 9 and 10 Federalism
What is it? Central Govt States States Citizens Citizens Both are sovereign
Who supported decentralization??? Decentralizes Politics Decentralizes Our Policies Protects liberty Why Important? Tom Alex
Unitary Confederacy If not federalism then what?
Reserved power or Enumerated power? • NATIONAL • NATIONAL • BOTH • NATIONAL • STATE • STATE • STATE • BOTH Declare War Coin Money Tax Regulate commerce w/ foreign nations and among states Conduct elections Ratify amendments Regulate Commerce w/in a state Take private property for public purposes, w/ just compensation State or National Power? TABLE 3.2 Constitution’s Distribution of Powers
Who wins??? V.
Advocates of state’s rights believe this means the national govt has only those powers specifically assigned by the constitution 10th Amendment
2) Commerce Power: • Gibbons v. Ogden • Limits: • U.S. v. Lopez • Printz v. United States- Brady Bill 1) Implied Powers: McCulloch v. Maryland 2 Questions Elastic Clause J. Marshall Establishing National Supremacy
3) Civil War: -Struggle over not just slavery but between states and national govt -Put and end to Doctrine of Nullification 4) Struggle for Racial Equality -Brown v. Board of Education creates resistance ….leads to federal involvement (Civil Rights Act; Sending in the army) Establishing National Supremacy
Yes, Full Faith and Credit Clause • No, Full Faith and Credit Clause Jack and Jill got married in Maine and moved to NY for the weather. Are they still married? Susie gets her driving license in Texas. Can she get pulled over in NY for not having a NY license? What would FL do????
Return him to Indiana….. • Extradition John Dillinger is fleeing Indiana after robbing banks and has made it down South to NY. The officials know where he his. What would FL do????
Yes, Privileges and Immunities Sam is visiting Morgantown from New York and has to pay 7% sales tax (he’s not to happy since New York does not have this….). Does he have to pay? What would FL do????
Erica teaches in IL from January-May. Then moves to Florida to teach for the rest of the year. Florida has no state income tax. Does she have to pay income tax to Illinois if she is no longer a resident?
Federalism ALSO involves relationships among states full faith and credit: section 1: requires each state to recognize the official documents and civil judgments rendered by the acts of other states…..Defense of Marriage Act permits states to disregard gay marriages Article IV….
Cooperative: • Share responsibilities for public policy • Marble Cake Analogy • Mingled resp. and blurred distinctions • Historically starts w/ New Deal, Great Society • Involve shared costs, federal guidelines, shared administration Dual: Pre national govt dominance Debate over Commerce: Each remain supreme w/in their own spheres Layer Cake Analogy Powers of National Govt interpreted narrowly Dual v Cooperative
Referendum- allows voters to reject a measure adopted by the legislature • Recall- citizens of a state remove an elected official from office through a popular vote • Where did this happen recently??? • intergovernmental lobby- state and local government lobby federal gov. Ex: US Conference of Mayors Vocabulary
categorical grant- federal grant designed for a specific purpose • Block grants/revenue sharing- money for a general purpose (community development) easier to adapt to local needs. • Why not more successful: • the federal government has increased the “strings attached” • Lacks local support • Devolution- passing federal functions to states. Vocabulary
Mandate • Condition of Aid • Difference between the two? • ADA • What is it? • Funded or unfunded? • What’s “equal access”? vocabulary
federal money given to the states • Why?? Federal gov can give $ without violating the constitution. Federal government could not spend money on programs not authorized by the constitution. • First type: land grants • Why did this grow rapidly in the 20th Century? • 16th Amendment • Federal government has more money • Makes sense for states not to raise taxes • Why should you return your census form??? Grants-in-aid
