chapter 3 federalism. school: it’s about more than getting a grade

CHAPTER 3

FEDERALISM

SCHOOL: IT’S ABOUT MORE THAN GETTING A GRADE

Federalism

Chapter 3

Edwards, Wattenberg, and Lineberry

Government in America: People, Politics, and Policy

Fourteenth Edition

Defining Federalism

–Federalism?? a way of organizing a nation so that

there are two or more levels of government.

–Intergovernmental Relations ??the interactions among national, state

& local governments

Defining Federalism

CONSTITUTIONAL DIVISION OF POWERS

DELEGATED POWERS (NATIONAL / FED)EXPRESSEDIMPLIEDINHERENT

RESERVED POWERS (STATES)LOCAL POWERS FROM THE

STATE

CH 4 Mag

CONCURRENT POWERSBOTH STATE & NATIONAL

DENIED POWERSNEITHER STATE OR NATIONAL

CH 4 Mag

USAUSA STATESTATE

WHY FEDERALISM?AFRAID OF A UNITARY GOV’T

THE CONFEDERATION DIDN’T WORK

STATES WANTED POWER & STABILITY

TO GAIN SUPPORT FOR RATIFICATION

Defining Federalism

• Federalism is Important

– Decentralizes our politics• Increases opportunities

– Decentralizes our policies• Increases options

INCREASES POLITICAL INVOLVEMENTMORE ACCESS POINTS OF POWER

AMERICAN FEDERALISMWAS BRAND NEW

VERY VAGUE LANGUAGEARTICLE I, SEC. 8

(NECESSARY & PROPER CLAUSE)

The Constitutional Basis of Federalism

The Division of Power

Supremacy Clause: Article VIThe U.S. Constitution

Laws of Congress

Treaties signed by the U.S.

Article VI, Section 2

• This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Constitutional Basis of Federalism

The Division of Power

Tenth Amendment

Yet, national government cannot usurp state powers.

SUPERMACY CLAUSEAND THE

10TH AMENDMENTAPPEAR TO BE IN

CONFLICT

The Constitutional Basis of Federalism

• Establishing National Supremacy

–Implied and enumerated powers

• McCulloch v. Maryland (1819)

Necessary and Proper Clause

• The Congress shall have 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.

Article I, Section 8, Clause 18

N & P Clause applied to many areas

• Commerce Powers –Gibbons v. Ogden (1824)

• The Civil War (1861-1865)

• Racial Equality–Brown v. B of Ed (1954)

• National Health Care– National Federation of Independent

Business v. Sebelius (2012)

INTERSTATE RELATIONSStates’ Obligations to Each Other

Full Faith and Credit ??

Each state must recognize official documents and judgments rendered by other states.

(Article IV, Section I of Constitution)

INTERSTATE RELATIONSStates’ Obligations to Each Other

Privileges and Immunities??

Citizens of each state have the privileges of citizens of other states.

(Article IV, Section 2 of Constitution)

INTERSTATE RELATIONSStates’ Obligations to Each Other

Extradition??

States must return a person charged with a crime in another state to that state for punishment.

DEPENDS UPON COOPERATION FROM THE STATES

CH 4 SUM

DEPENDS UPON COOPERATION BETWEEN THE STATES

AP CHAPTER 3 FEDERALISMextra stuff

FEDERALISM = GOODELAZAR

STRENGTH & FLEXIBILITY

FEDERALISM = BADLASKI & RIKER

BLOCKS PROGRESSHELPS POWERFUL

LOCALS

Understanding Federalism• Advantages for

Democracy– Increases access to

government– Local problems can be

solved locally– Hard for political parties or

interest groups to dominate all politics

• Disadvantages for Democracy– States have different

levels of service– Local interest can

counteract national interests

– Too many levels of government and too much money

““Pop” Pop” EssayEssay

50 WORDSOR LESS

IN5 MINUTES !

HOW IS A PAPERCLIP

LIKE FEDERALISM

???

Intergovernmental Relations TodayDual Federalism ??

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

Dual Federalism like a LAYED CAKE

FDR

Ended dual federalism

“THE NEW DEAL”

GREAT DEPRESSION

WORLD WAR II

Cooperative Federalism ??

Definition: a system of government in which powers and policy assignments are shared between states and the national government

Like a marble cake

Shared costs and administration

States follow federal guidelines

Intergovernmental Relations Today

Cooperative Federalism more like a MARBLE CAKE

LBJ promoted fiscal federalism

“THE GREAT SOCIETY”

ANTI-POVERTY

CIVIL RIGHTS

VIETNAM WAR

Fiscal Federalism??

Definition: the pattern of spending, taxing, and providing grants in the federal system

Money = The cornerstone

of the national government’s relations

with state and

local governments

Intergovernmental Relations Today

HOW THE FED. GOV’T GET MONEY

Intergovernmental Relations Today

Intergovernmental Relations Today

FEDERAL GRANTS TO STATES

RONALDREAGAN

“In this present crisis,government is not thesolution to our problem;government is the problem.”

-1980

DEVOLUTION ??( Deregulation & Decentralization)

Power taken from federal governmentand given to state & local governments

NEW FEDERALISMNEW FEDERALISM

• Barack Obama

• FINANCIAL INST.– Regulations– Investment

• Auto Industry– Stock Purchases– Oversight Duties

• Health Care– Mandates

Categorical Grants??

Specific purposes; grants with strings attached

Block Grants??

Federal grants given to support broad programs

Distributing Federal $ to state and local governments

Federalism and the Scope of Government

Federal Gov’t power has increased industrialization

world wars

economic crises

civil rights movement

environmentalism

war of terrorism

What GovernmentWhat Governmentshould doshould do

WHAT SHOULD BE THE ROLE OF GOVERNMENT?

• WHAT SHOULD EACH LEVEL

• (FEDERAL, STATE, LOCAL)

• OF GOVERNMENT DO?

SummaryFederalism is a governmental system in

which power is shared between different levels of government.

Federalism is always changing.(dual, cooperative, fiscal, new?)

Federalism leads to both advantages and disadvantages to democracy.

AP CHAPTER 3 - FEDERALISMIMPORTANT TERMS

BLOCK GRANTSCATEGORICAL GRANTSCONDITIONS OF AIDCONFEDERATION (OR CONFEDERAL

SYSTEM)DEVOLUTIONDUAL FEDERALISMFEDERAL SYSTEMGRANTS-IN-AIDINTERGOVERNMENTAL LOBBYINTERSTATE COMMERCE

AP CHAPTER 3 - FEDERALISM

IMPORTANT TERMSMCCULLOCH v MARYLAND (1819)MANDATESMEDICAIDNECESSARY-AND-PROPER CLAUSENEW FEDERALISMNULLIFICATIONREVENUE SHARINGSOVEREIGNTYTENTH AMENDMENTUNITARY SYSTEM

AP CHAPTER 3 - FEDERALISMQUESTIONS

1-WHAT REASONS EXIST FOR STATES TO CONTINUE EXERCISING INDEPENDENT POWER?

2-CERTAIN AREAS OF NEVADA PERMIT PROSTITUTION; ALASKA UNTIL RECENTLY ALLOWED THE PRIVATE POSSESSION OF MARIJUANA. COULD THE FEDERAL GOVERNMENT LEGALLY FORBID SUCH PRACTICES? EXPLAIN WHY OR WHY NOT.

AP CHAPTER 3 - FEDERALISMQUESTIONS

3-DOES THE SYSTEM OF GRANTS-IN-AID UPSET THE BALANCE OF FEDERALISM?

4-what is the connection between intergovernmental lobbying and grant-in-aid?

5-why can’t federal agencies attack problems by producing and implementing a coherent systematic policy?