3Federalism

3.0Federalism

1. What is the conflict regarding medical marijuana that exits in the United States?

3.0Federalism

1. What is the conflict regarding medical marijuana that exits in the United States?

It is legal in some states but remains illegal federally. Who is right?

3.1Defining Federalism

A way of organizing a nation so that two or more levels of government have formal authority over the same land and people. It is a system of shared power between units of government.

3.1Defining Federalism

- A way of organizing a nation so that two or more levels of government have formal authority over the same land and people. It is a system of shared power between units of government.

- We often refer to the national government as the “Federal Government.”

- Only 11 nations have federal systems of government

3.1Defining Federalism

Unitary Government:

-A way of organizing a nation so that all power resides in the central government.

3.1Defining Federalism

Unitary Government:

-A way of organizing a nation so that all power resides in the central government.

-Most national governments today are unitary governments.

3.1Defining Federalism

Unitary Government:

-A way of organizing a nation so that all power resides in the central government.

-Most national governments today are unitary governments.

- State governments are unitary governments relative to their local governments

3.1Defining Federalism

Confederate Government:

- Governments where most or all power is in the hands of the country’s components like states.

3.1Defining Federalism

Confederate Government:

- Governments where most or all power is in the hands of the country’s components like states.

-State governments delegate power to the national government.

3.1Defining Federalism

Confederate Government:

- Governments where most or all power is in the hands of the country’s components like states.

-State governments delegate power to the national government.

-The US under the Articles of Confederation was a confederate system of government

3.1Defining Federalism

Intergovernmental Relations:

- The workings of the federal system – the entire set of interactions among national, state, and local governments, including regulations, transfers of funds, and the sharing of information

3.1Defining Federalism

Authority relations in three systems of government

3.2The Constitutional Basis of Federalism

Why was a federal system practical as a form of government when the Constitution was written?

- Strong loyalty to state governments

3.2The Constitutional Basis of Federalism

Why was a federal system practical as a form of government when the Constitution was written?

- Strong loyalty to state governments

- Lack of transportation and communication systems to enforce a strong unitary government

3.2The Constitutional Basis of Federalism

What does the division of power between state governments and the federal government mean?

- Some powers of government are given to the state governments and others to the federal government

3.2The Constitutional Basis of Federalism

Division of Power

- State’s retained powers Organize local governments and elections Ratify Constitutional amendments Equal representation in Senate

- Federal obligations to the states Cannot divide states Cannot tax interstate exports Protect states against invasion Overlapping responsibilities

3.2The Constitutional Basis of Federalism

Some Powers Denied States by the Constitution

3.2The Constitutional Basis of Federalism

Supremacy Clause

- Located in Article VI of the Constitution

- Makes the Constitution, national laws, and treaties supreme over state laws as long as the national government is acting within its constitutional limits.

3.2The Constitutional Basis of Federalism

10th Amendment

- Located in the bill of rights

- Grants all powers not specifically reserved for the national government to the states.

- Used to advocate for STATES RIGHTS

- Today it is considered more of an assertion that states have powers that are not enumerated and that Congress has the responsibility to state what powers belong to the states

3.2The Constitutional Basis of Federalism

11th Amendment

- Provides limited immunity for governments against being sued by citizens.

3.2The Constitutional Basis of Federalism

McCulloch v. Maryland

- A 1819 Supreme Court decisions that established the supremacy of the national government over state governments

- The Court, led by Chief Justice John Marshall, held that Congress had certain implied powers in addition to the powers enumerated in the Constitution

3.2The Constitutional Basis of Federalism

Enumerated Powers

- Located in Article 1, Section 8 of the Constitution

- Powers of the federal government (particularly Congress) that are specifically addressed in the Constitution

3.2The Constitutional Basis of Federalism

Implied Powers

- Powers of the federal government that go beyond those enumerated in the Constitution, in accordance with the statement in the Constitution that Congress has the power to “make all laws necessary and proper for carrying into executing the powers enumerated in Article 1.

- Established in McCulloch v. Maryland – allowed for the creation of a national bank despite the lack of an enumerated power for it

3.2The Constitutional Basis of Federalism

Elastic Clause

- The final paragraph of Article I, Section 8, of the Constitution, which authorizes Congress to pass all laws “necessary and proper” to carry out the enumerated powers

- Also called the “necessary and proper clause”

3.2The Constitutional Basis of Federalism

Gibbons v. Ogden

- A landmark case decided in 1824 in which the Supreme Court interpreted very broadly the clause in Article I, Section 8, of the Constitution giving Congress the power to regulate virtually every form of commercial activity

- Another implied power

3.2The Constitutional Basis of Federalism

United States v. Lopez

- Ruled that the law banning the carrying of guns in school zones was unconstitutional because it did not qualify as commerce as Congress had argued

3.2The Constitutional Basis of Federalism

Obamacare and the Commerce Clause

- Ruled that it exceeded the reach of the commerce clause, but was constitutional under Congress’ power to tax

3.2The Constitutional Basis of Federalism

Full Faith and Credit clause

- A clause in Article IV of the Constitution requiring each state to recognize the public acts, records, and judicial proceedings of all other states

- Establishes states’ obligations to each other

3.2The Constitutional Basis of Federalism

United States v. Windsor and DOMA

- Defense of Marriage Act allowed states to ignore full faith and credit clause by allowing states to ignore the issuance of other states’ marriage licenses (especially with regard to gay marriage)

- US v. Windsor (2013) struck down DOMA rendering this moot

3.2The Constitutional Basis of Federalism

Extradition

- A legal process whereby a state surrenders a person charged with a crime to the state in which the crime is alleged to have been committed

- Established in Article IV, Section 2

3.2The Constitutional Basis of Federalism

Privileges and Immunities clause

- The provision of the Constitution according citizens of each state the privileges of citizens of other states

- Located in Article IV, Section 2

- Ensures that all citizens are treated equally when they travel from state to state

3.3Intergovernmental Relations

Dual Federalism

- A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies

- No overlap of responsibilities

- Like layers on a cake

- More traditional before the federal government asserted its authority

3.3Intergovernmental Relations

Cooperative Federalism

- A system of government in which powers and policy assignments are shared between states and the national government

- More of a marble cake approach

-More of what we see today

3.3Intergovernmental Relations

No Child Left Behind and cooperative federalism

- Education, which is typically controlled by the states, must meet certain criteria set by the federal government in order to receive the funding they want

3.3Intergovernmental Relations

Interstate Highways

3.3Intergovernmental Relations

Shared Costs

- Allows states to receive federal funding for projects that would typically be only their responsibility if they share some of the costs

3.3Intergovernmental Relations

Federal Guidelines

- Rules set by the federal government in order for states to receive the funding for projects normally only in their area of responsibility

3.3Intergovernmental Relations

Devolution

- Transferring responsibility for policies from the federal government to state and local governments

3.3Intergovernmental Relations

Fiscal Federalism

- The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments

- ¼ of states’ funding comes from the Federal government

3.3Intergovernmental Relations

Categorical Grants

- Federal grants that can only be used for specific purposes, or “categories,” of state and local spending

- They come with strings attached, such as nondiscrimination provisions.

3.3Intergovernmental Relations

Crossover Sanctions

- Using federal dollars in one program to influence state and local policy in another

3.3Intergovernmental Relations

Crosscutting Requirements

- When a condition on one federal grant is extended to all activities supported by federal funds, regardless of their source

3.3Intergovernmental Relations

Project Grants

- A type of categorical grant

- Given for specific purposes and awarded on the basis of the merits of applications

3.3Intergovernmental Relations

Formula Grants

- A type of categorical grant

- Distributed according to a formula specified in legislation or in administrative regulations

3.3Intergovernmental Relations

Block Grants

- Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services

3.3Intergovernmental Relations

Mandates

- Requirements that direct state or local governments to provide additional services under threat of penalties or as a condition of receipt of a federal grant

3.3Intergovernmental Relations

Mandates

- Requirements that direct state or local governments to provide additional services under threat of penalties or as a condition of receipt of a federal grant

- Challenging for states because of increased requirements for them, and thus increased costs, but without the money provided by the federal government to help them do it

3.4Diversity in Policy

Federalism allows for different states to adopt different policies

Benefits = It allows from experimentation in policy to see what works or to help meet the unique needs of the population of a particular state

Drawbacks = Can create inequities among states’ citizens

3.5Understanding Federalism

Contributions of Federalism to Democracy:

-It increases access to government by allowing local interests to be represented more directly in government-Reduces the work load on the national government-Allows for diverse policy-More levels allows for more opportunity to participate in government-Provides access for groups that have “lost” at one level of government to get access at another level- Allows political parties to be successful at different levels

3.5Understanding Federalism

Contributions of Federalism to Democracy:

-It increases access to government by allowing local interests to be represented more directly in government-Reduces the work load on the national government-Allows for diverse policy-More levels allows for more opportunity to participate in government-Provides access for groups that have “lost” at one level of government to get access at another level- Allows political parties to be successful at different levels

3.5Understanding Federalism

Detriments of Federalism to Democracy:

- Allows local interests to halt progress that is supported by the rest of the country- There are a lot of governments, which can confuse and overwhelm Americans, causing them to opt out of the political process

3.5Understanding Federalism

State and local spending on public education

3.5Understanding Federalism

Number of governments in the US

3.5Understanding Federalism

Why the increase in Federal involvement?

- The scope of problems lends itself to the federal government solving the problems rather than state governments, thus resulting in an increate in federal spending

3.5Understanding Federalism

Has Federal government replaced the states?

- No, it has simply increased its size as the states have remained relatively the same, if we consider GDP spending as our metric

3.5Understanding Federalism