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FEDERALISM

FEDERALISM. Federalism. The division of power between the National and State levels of government. NATIONAL GOVERNMENT. STATE GOVERNMENT. STATE CHARTERS. In a Federal System:. there are at least two levels of government that can make decisions independent of each other

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FEDERALISM

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  1. FEDERALISM

  2. Federalism • The division of power between the National and State levels of government NATIONAL GOVERNMENT STATE GOVERNMENT STATE CHARTERS

  3. In a Federal System: • there are at least two levels of government that can make decisions independent of each other • the levels of government have a protected right to exist • United States, Canada, Australia, India, Germany, and Switzerland

  4. In a Federal System: • The sub national (state) governments • exist partly by Constitution • by habits, preferences, and dispositions of citizens • Actual distribution of political power in society

  5. Federalism • The single most cause of distention between states and national government • Usual argument is whether the national government has the right to impose rule on the states or if the states should decide

  6. Other Types of Government • Unitary- One level of government with local branches that may be altered or abolished such as Great Britain, Japan, Italy, and France

  7. Federalism • Since the 104th Congress it has been the national goal to shift responsibility back to states. • Known as Devolution • Today called devolution revolution

  8. Woodrow Wilson • “the cardinal question of our Constitutional system” is the continuously changing relationship of the national and state governments. • Today- The states are to take on more of the domestic government in the devolution revolution- do Americans want this?

  9. State Run Programs • Federal funds and regulations with state implementation occurs in these areas: • Welfare programs • Interstate highway system • Urban renewal programs • Employment and unemployment agencies • Water and air programs • National guard

  10. Federalism: good or bad? • Laski: Federalism impedes progress of the nation for sectionalism • Riker: Federalism perpetuates racism • Elazar: Federalism allows for growth and change and gives flexibility to the system • Book: federalism allows individuals to take part and have ownership

  11. The Founders • A Federal republic with both national and state having separate and independent powers. • Both equal in power • Never before done- no clear plan • 10th amendment gives power to the states but is not clear • Constitution article 1 section 10 only states what the states cannot do.

  12. Founders • 10th amendment gives power to the states but is not clear • Constitution; Article 1, section 10 only states what the states cannot do.

  13. The Elastic Clause • Interstate commerce was a provision of the national government. • Defining what was interstate and intrastate commerce was not possible • The elastic clause- that Congress could make all laws necessary and proper to carry out their given duties is known as the necessary and proper clause.

  14. Nullification • Madison and Jefferson first introduced the doctrine of nullification in response to the alien and sedition acts. • John C. Calhoun used their arguments to oppose a tariff and later attempts to restrict slavery. • Doctrine of nullification used by the South to secede

  15. DUEL FEDERALISM • National government supreme in it’s area • States supreme in their areas • The two should not mix. • Supreme Court could not decide on commerce question

  16. State Sovereignty • U.S. V. Lopez- Congress went to far in banning guns in school zones • U.S. v. Morrison- the 1994 Violence against women Act is unconstitutional.-local issue • Printz v. U.S.- Federal government cannot require the states to carry out their regulatory program

  17. State Sovereignty • Alden v. Maine- state employees cannot sue to require states to follow federal fair-labor laws • Fed. Maritime Commission v. S. C. Port Authority- expanded state immunity to lawsuits

  18. State Sovereignty • Initiative- voters demand through petition for an issue to be placed on the ballot and voted on by the general public. • Referendum- the legislature places the issue before the public for them to decide • Recall- voters remove an elected official by asking for a new election

  19. Federal-state relations • Grant-in-aid • Land grants • For college • Canals and roads • Flood control projects • Cash grants- intergovernmental lobby • Federal money • State run programs

  20. Appeal of Grant –in -aid • Surplus money • 16th amendment income tax • Government controlled money supply • Politics- state governors could denounce federal spending while using federal funds. • All states get funding for the same things • Ex: homeland security equipment

  21. Categorical grants • Federal aid for a specific purpose • Shift is to revenue sharing and block grants • Revenue sharing- both fed and state put up percentages of the cost of a project

  22. Block grants • Block Grants: several categorical grant programs in one grant with fewer restrictions • More state power and control • Few are given

  23. Grants in Aid • Terms are set by the national government for the use of their fund called conditions of aid • The Fed. Government also has mandates • Conditions states must follow even if they do not get or use the grant money • Read and understand the section on mandates and conditions of aid.

  24. Devolution • Block Grant • Money from the National government to the states • Used for certain programs • Used by state discretion • Broad Federal guidelines set by Congress or Federal Agencies

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