federalism. federalism – a political system where power is shared between state and federal...

FEDERALISM

• Federalism – a political system where power is shared between state and federal governments.

Federalism

Federalism

• Federalism – a political system where power is shared between state and federal governments.

• Other examples: Canada, Australia, India, Germany, and Switzerland.

Federalism

• Federalism – a political system where power is shared between state and federal governments.

• Other examples: Canada, Australia, India, Germany, and Switzerland.

• Unitary system – the national government has the final authority over all government activities.

Models of Federalism

– A. Dual Federalism (layer cake) strict role definition for state and Federal governments with no real interaction between them

– B. Cooperative Federalism (marble cake) integration of State and Federal roles. For example Federal government provides the rules and funding for a service that is carried out by the state.

• Federalism has endured in the U.S. because:

Federalism

Federalism

• Federalism has endured in the U.S. because:

1. of the commitment to local government.

Federalism

• Federalism has endured in the U.S. because:

1. the commitment to local government.

2. Congress consist of people elected by local voters.

Federalism

• Federalism has endured in the U.S. because:

1. the commitment to local government.

2. Congress consist of people elected by local voters.

3. the national government exercises its powers through state governments.

Federalism

• Federalism has endured in the U.S. because:

4. the national governments gets states to comply through regulations, grants, and other forms of pressure.

• Positives of federalism

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Federalism

• Positives of federalism

1. a beneficial separation of power between state and national governments.

Federalism

• Positives of federalism

1. a beneficial separation of power between state and national governments.

2. it allows for political flexibility and assures individual rights.

Federalism

• Positives of federalism

3. local control can correct problems before they become national concerns.

Federalism

• Positives of federalism

3. local control can correct problems before they become national concerns.

4. it promotes political participation and activity.

• Negatives of federalism

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Federalism

• Negatives of federalism

1. state governments have blocked important national actions.

Federalism

• Negatives of federalism

1. state governments have blocked important national actions.

2. it can prevent progress and protect local interests.

Federalism

• Negatives of federalism

1. state governments have blocked important national actions.

2. it can prevent progress and protect local interests.

3. historically it has allowed slavery to continue, segregation, and racism.

• Federalism’s history

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Federalism

• Federalism’s history

Goal:

Dividing power between state and national governments in order to hinder runaway power and assure personal liberty.

Federalism

• Federalism’s history

Since the federal system was a new idea in the 18th century, delegates to the Constitutional Convention had problems defining it.

Federalism

• Federalism’s history

Since the federal system was a new idea in the 18th century, delegates to the Constitutional Convention had problems defining it.

They assumed that the federal government would only have those powers given to it.

Federalism

• Federalism’s history

As a result, the Constitution does not spell out state powers.

Federalism

• Federalism’s history

As a result, the Constitution does not spell out state powers.

To correct the problem, the Tenth Amendment was added to the Bill of Rights.

• Tenth 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.”

Federalism

Based on the Tenth Amendment, early Supreme Court rulings tried to give more power to the states but those rulings were later overturned.

Federalism

• Interpretations of the Constitution

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Federalism

• Interpretations of the Constitution

1. While some things are stated very clearly (Article I, Section 10), others are much more vague (Elastic Clause).

Federalism

• Interpretations of the Constitution

1. While some things are stated very clearly (Article I, Section 10), others are much more vague (Elastic Clause).

2. Hamilton viewed the national government as superior in political affairs with broad liberal powers.

Federalism

• Interpretations of the Constitution

3. Jefferson felt that the powers of the national government should be as

limited as possible.

• The evolution of federalism can be traced through several court cases and historical periods.

Federalism

• McCullock v. Maryland (1819)

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Federalism

• McCullock v. Maryland (1819)

Supreme Court ruled that the federal government had the right to charter a bank and that a state did not have the power to levy a tax on the federal government.

• Gibbons v. Ogden (1824)

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Federalism

• Gibbons v. Ogden (1824)

The Supreme Court ruled that commerce included almost any form of commercial activity.

• Doctrine of Nullification

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Federalism

• Doctrine of Nullification

The belief that states had the right to declare a federal law null and void if the state felt that law was unconstitutional.

Federalism

• Doctrine of Nullification

The Civil War settled the issue of nullification, establishing that states cannot declare acts of Congress unconstitutional.

• United States v. Lopez (1995)

Federalism

Federalism

• United States v. Lopez (1995)

The S.C. ruled that Congress had exceeded its commerce clause power by prohibiting guns in school zones.

Federalism

• United States v. Lopez (1995)

The S.C. ruled that Congress had exceeded its commerce clause power by prohibiting guns in school zones.

This reversal of power is known as “devolution”.

• Funding for states and local governments

Federalism

Federalism

• Funding for states and local governments

Grants-in-aid, or funds designated by Congress for distribution to state and local governments, are the main ways the national government uses to both help and influence the state and local governments.

• Forms of Grants-in-aid

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Federalism

• Forms of Grants-in-aid

1. Categorical grants:

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• Forms of Grants-in-aid

1. Categorical grants:

Grants for specific purposes defined by federal law. They often require matching funds and come with “strings” attached.

Federalism

• Forms of Grants-in-aid

2. Block grants:

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• Forms of Grants-in-aid

2. Block grants:

Began in the 1960s, they are given to states and local governments with few strings and can be used broadly to support various community projects.

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• Forms of Grants-in-aid

3. Revenue Sharing:

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• Forms of Grants-in-aid

3. Revenue Sharing:

Federal aid with no requirement of matching funds and the freedom to spend the money on almost any government project.

Federalism

• Forms of Grants-in-aid

3. Revenue Sharing:

It can only occur when there is a budget surplus.

• Mandates

Federalism

Federalism

• Mandates

When the federal government imposes its will on the states outside the context of grants, these requirements are called mandates.

Federalism

• Mandates

Most mandates concern civil rights and environmental protection.

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• Mandates

Examples would include federal standards for clean air, pure drinking water, and sewage treatment.

Federalism

• Mandates

Medicaid is a good example of the problems that mandates can create for state governments.

Federalism

• Mandates

While Medicaid is funded by the federal government, in 1984 the states were required to provide coverage for children, pregnant women, and the elderly poor.

Federalism

• Mandates

By 1989, most states could not keep up with the expanded coverage governors called for a two-year moratorium on the mandated expansions.

Federalism

• Mandates

At times, the federal government creates expenses for the states but does not provide funds to meet or help with these expenses.

Federalism

• Mandates

These are known as unfunded mandates

Federalism

• Mandates

In 1990, Congress passed the Americans with Disabilities Act. It required access for disabled persons to government facilities but no money was allocated to meet these requirements.

Federalism

• Mandates

The Clean Air Act of 1970 required states to meet federal standards for air pollution but states are forced to pay for the administration of the act.

• Because conditions of aid and mandates are primary ways that the federal government pressures states to do what it wants, they are a significant aspect of federalism and are likely to appear on the AP exam.

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