Presentation Transcript

1. Federalism

   a system of government in which s________ is shared between two or more l_______ of government so that on some matters the national government is supreme and on others the subnational gov’ts are supreme
2. There are three essential features that characterize a federal system of governance First, C___________sets up l__________in same territory It’s a geo________________ division of governmental authority
3. The degree of overlap can vary Second, each government must have its own authority and sph________of power, though they may overlap. informal term to describe a power sharing arrangement between national and subnational governments where the powers of the two are clearly delineated and do _____ overlap informal term to describe a power sharing arrangement between national and subnational governments whereby the two levels of government share powers
4. Fill in missing info
5. Third, neither level of government (federal or state governments) can a________ the other Remember: central to the conflict in the civil war were questions of states' sovereignty including the power to ________federal laws or dissolve the Union Article 4, Section three : “New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the _______________concerned as well as of the Congress.”
6. The Geographic Division of Government Authority: there are other ways to structure the relation between national and sub____________levels of government
7. Do you get it????? __________sovereignty is wholly in hands of national gov't and local govs are at its will –subnationals are not powerless, and certainly exist but don’t have ULTIMATE sov _________states are sovereign and national is allowed to do only what states permit ________sovshared: in some matters national govt is supreme and in some states are: here states are supposed supreme in social, moral and family issues, including criminal laws Fill in with federalism, confederalism and unitary
8. Do you get it? While the United States itself is federal, most (if not all) U.S. states are themselves u__________, with counties and other municipalities having only the authority devolved to them by the state constitution or legislature
9. So as we go from Articles of Confed to Fed . . . Get more or less centralized? Articles of ConfederationArticle II Each s____________retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled. United States ConstitutionAmendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the __________respectively, or to the people. Answer?
10. Separation of Governmental Authority G________ vsS_________ separation decentralized CONFEDERAL Geographic sep of authority FEDERAL UNITARY Authoritarian Parliamentary Presidential centralized concentrated dispersed Structural sep of authority
11. FEDERALISM IS NOT SEPERATION OF POWERS Although they both separate authority and are part of framer’s attempt to institute a pl_____________ system which will limit the potential for nasty mobs to tyranize
12. Do you get it? Fill in federalism( “f) or sep of powers (“S of P”) If Congress passes a law and applies it to the states and the states refuse to follow it, that is a ________ issue If the president sends troops to Fisherland, and Congress refuses to fund them, that is a _________ issue If a state passes a law and it conflicts with a law Congress passes, that is a ______ issue A fight b/w levels of government raises issues of ______________ Nullification doctrine? ______________ Signing statements (when Pres signs a bill but says he won’t enforce part of it) _________________
13. Reln b/w federalism and democracy Most federal systems are_________________, but most ___________ are not federal Does this show federal or unitary systems?
14. Back to federalism: Let’s look at this sphere idea in more detail: “each government must have its own authority and sphere of power, though they may overlap. “ When state and federal authority conflict, federal law is supreme according to the Constitution (Article _______) aka the __________ clause
15. Pre-___________ doctrine Derives from the Supremacy Clause of Article VI any federal law--even a regulation of a federal agency--trumps (or preempts) any conflicting state law.
16. trump1 trəmp/ noun noun: trump; plural noun: trumps 1. (in bridge, whist, and similar card games) a playing card of the suit chosen to rank above the others, which can win a trick where a card of a different suit has been led.
17. Answers Sought for When Marijuana Laws Collide September 10, 2013 . . . The Justice Department said last month that it would not seek to pre-empt the state laws as long as states set up “robust” regulations to keep marijuana operations from running afoul of the agency’s top enforcement priorities, like preventing children and drug cartels from obtaining the drug and prohibiting its use on federal land. A man pulls out a bag of marijuana to fill a pipe at Hempfest in Seattle on Aug. 16. Thousands packed a waterfront park for the opening of a three-day marijuana festival, an event that is part party, part protest and part victory celebration after the legalization of pot in Washington and Colorado in 2012
18. Feds Seek To Corral Medical Marijuana 'Wild West' September 11, 2013 When the Obama administration recently announced it wouldn't challenge the decision by Colorado and Washington voters to fully legalize marijuana, criticism rained down. . . . The administration's position, complained one Colorado congressman, was tantamount to allowing states to opt out of the federal law banning pot possession, cultivation and sale. So how does a move not to enforce federal drug law in Colorado and Washington help control medical marijuana sales and use in the 18 other states and the District of Columbia where it's legal? Simple, says Kleiman. To keep federal drug prosecutors at bay, Colorado and Washington have to come up with what Deputy Attorney General James Cole described this week to members of the Senate Judiciary Committee as "strict regulatory schemes" that are tough in practice and meet eight federal enforcement priorities. The priorities address everything from the distribution of marijuana to minors and transporting pot across state lines to drugged driving and using marijuana sale proceeds for criminal activities. Don't meet those priorities? Sorry — your state is going to be in trouble with the feds, Cole says.
19. Limits on pre-emption: if Congress is going to call “trump” it MUST be exercising authority granted to it by the Constitution Article I, Sec. 8 of the Constitution delegates certain e____________powers to the national government that includes the exclusive power to m_______currency, establish and maintain an army and n______ declare _______, regulate interstate c_________, establish post offices, establish the seat of national government, and enter into treaties. All of the Art 1 section 8 powers are within whose sphere?
20. Of course, the “_________and _______ clause” has expanded those enumerated powers to include ________powers as well aka which case class? _____________ vs______________ Congress shall have the power . . . To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof
21. So . . . if Congress is not in its “sphere” then the States trump because of The ________ Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people In the US states are supposedly supreme In which areas? See next slide
22. in social, m______ and family issues--including cr__________ laws Wash. to Set Medical Marijuana Limits By CURT WOODWARD The Associated PressThursday, July 5, 2007; 12:29 PM SEATTLE -- This fall, sober public servants will convene meetings across Washington state to answer a pressing question: How much marijuana constitutes a two-month supply. . . . Washington's medical marijuana law was approved by nearly 60 percent of voters in 1998, following closely behind California in the first wave of such measures nationwide
23. Of course, there is tension between, ahem, centralized power (viz the_______ government) and decentralized power (vizthe__________) Go to: http://www.oyez.org/cases/1990-1999/1994/1994_93_1260/
24. Feds can be the boss by using sticks or carrots Mandates: the "sticks” The supremacy clause means they trump—so they can tell the states what to do—that’s the “__________doctrine”: if state and fed law conflict, state law is rendered void and unenforceable Of course Congress must be acting in its “sphere” of enumerated powers found where?________________ And even more expansively, within its implied powers made possible by the what clause? ___________ Go to: http://www.oyez.org/cases/2000-2009/2004/2004_03_1454
25. As a side note . . . look who gets power with all this separation of authority
26. EXAMPLE: Most environmental legislation (States are told: Clean up the air . . period). Clean Air Act
27. Another mandate: Civil Rights Legislation Remember: if the feds are mandating something, they must be acting within their “sphere” but uh oh, social issues are supposed to be state spheres Of course, separate but equal drinking fountains are bad . . . But that is not the question here—the question is can Congress do anything about it? Is it within their “enumerated powers sphere? They say yes it is within our authority to regulate _________and they pass the Civil rights act—(telling states they can not provide separate but equal facilities)
28. The Constitutional Issues behind the Affordable Care Act Listen:: http://now.iscotus.org/healthcare/ Segment on commerce clause and segment on Spending clause Read http://www.oyez.org/cases/2010-2019/2011/2011_11_400
29. Another Mandate Example: Americans with Disabilities Act (ADA) Americans with Disabilities Act—States (and businesses) may not discriminate in employment and state and local governments must provide equal access to service, employment , buildings and transportation— So the ____________ government is telling __________ that they have to do something (private people too but that is another question—now we are talking about federalism—that’s a mandate) Important note: Mandates can be funded . . . Or they can be partially funded . . . Or they can be unfunded . . . But they are a stick—the states must do it. The ADA was unfunded which creates even MORE tension
30. No Child Left Behind was partially funded It’s a mandate And Utah refuses to comply with any parts that are unfunded
31. the carrot approach strings attached to grants as "condition of aid" They say if you want our __________. . . . You have to x y or z. It is not a m__________ cuz state could say ______.
32. Fiscal Federalism Fiscal Federalism is the power of the national government to influence state policies through gr_________
33. Another appropriate example . . . . A federal law enacted in December 2004 designatesSeptember 17 as "C__________ Day and Citizenship Day," to commemorate the signing of the United States Constitution on September 17, 1787. The federal law is included in Section 111 of Pub. L. 108-447 (Consolidated Appropriations Act of 2005). It contains the following provision in Section 111(b): "Each educational institution that receives Federal funds for a fiscal year shall hold an educational program on the United States Constitution on September 17 of such year for the students served by the educational institution." Ah ha in an act of defiance I did NOT teach you about the Const on Const day . . . .
34. U.S. secretary of education opposes California's testing plan By Howard Blume September 9, 2013, 10:18 p.m. The nation's top education official threatened Monday to withhold federal funds if California lawmakers approved pending legislation to revamp the state's standardized testing system. . . . U.S. Secretary of Education Arne Duncan said he opposes California's proposed testing plan. (Susan Montoya Bryan / Associated Press / September 9, 2013) http://www.latimes.com/local/lanow/la-me-ln-duncan-opposes-testing-plan-20130909,0,5545295.story
35. This gets harder to do in eras of big deficits.
36. Advantages to Federalism Check on t________ . . . How? because if it occurred in a few states, the fed. Gov could prevent its spread--furthers pl_____________ Limits gov't. National gov't only has those powers granted to it--all others belong to state thru _________ amendment
37. More advantages Keeps Gov’t closer to the people more ways for people to participate Accommodates diversity; More suitable for h_______ogeneous peoples Twelve northern Nigerian states have introduced Sharia since the year 2000
38. Disadvantages: It is inefficient Incoherent More expensive L_______ voter turnout (too much!) Special interests can thwart Map showing 35 states ratifying E.R.A. (in blue).
39. . . . Who gets what depends on where--e.g. of Ronald Harmelin who learned about fed. the hard way--on June 27, 1991 SU Ct upheld his life without parole sentence imposed on him for possessing 650 grams (about 1 and 1/2 pounds) of cocaine. Michigan was the only state at that time to impose a mandatory life sentence for this amount of cocaine--in Alabama for example would have received 5 years--under federal sentencing guidelines--10 years--sup court said too bad
40. More disadvantages: It’s confusing . . . Who’s sphere is it As a result, more power goes to the _________cuz they are umpires
41. OK so the Trump Cards for the feds are . The Pr_________Doctrine which derives from the S_________ Clause: and says: federal law trumps conflicting state law But only if Congress is legitimately exercising an enumerated Power . . With the _________clause being especially useful to them Or an implied power created through the “Elastic” or “necessary and______” clause Or if there is a clear pattern of discrimination so they say they can use section 5 of the 14th amendment—to be explained in the next slide show
42. Any other time . . . States trump (1) Because of general principles of f___________ (2) Because of the ________h amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved for the States respectively, or to the people And (3) (sometimes) because of the 11th amendment which recognizes the states’ sovereign immunity so the feds can’t allow individual damage suits against state officials (to be explained later)
43. Do you get it? Bowers v Hardwick as an example--Georgia police found a man in bed with another and he was prosecuted under Georgia's anti-sodomy law. Sup Court upheld his conviction saying that the states could pass a law outlawing sodomy. Headlines blare: Supreme court ruled homosexuality is illegal. WRONG--why?
44. States relations to each other DOMA See/listen to http://www.oyez.org/ssm/