shea chapter 3

3Federalism

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Video: The Big Picture 3

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Video: The Basics 3

Dividing Governmental Authority

National Government: Reasons for Federalism

State and Local Governments

Structure of State Governments

3.1

No Child Left Behind Act 3.1

National Government: Reasons for Federalism

Unitary systems more common National government has sovereignty

Why divide sovereignty? Fusing of historically independent states Influential thinkers Diversity Practicality

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TABLE 3.1: Federal, Confederate and Unitary Systems of Government

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Video: In Context 3.1

State and Local Governments

Impact on daily life

Do voters pay close attention to state government?

State constitutions Modeled after federal Constitution Most include Bill of Rights

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Structure of State Governments

State legislatures 49 bicameral, 1 unicameral Half are “professional”

Structured committees Seniority in leadership positions

Half are “amateur” Shorter terms, sessions, lower wages Part-time citizen-legislators

15 states have term limits

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TABLE 3.2: Percent of Women in State Legislatures

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TABLE 3.3: Percent of National Legislators Who are African-American and Latino

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Structure of State Governments

ExecutiveMainly 4-year termsDirect electionTerm limitsPowers have grown

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FIGURE 3.1: Ranking of Formal Powers of Governors from Strong to Weak

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Structure of State Governments

State court systems Unique

Minor (municipal) courts Trial courts Appellate courts

Interpret state laws

Judges elected Nonpartisan Concern over campaign funding

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Structure of State Governments

Local governments Counties and municipalities Dillon’s Rule (1868) versus home rule Special governments

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FIGURE 3.2: Forms of Local and Special Governments

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3.13.1 What statement is true of a federal system of government?

a. It works best with homogeneous populations.

b. Political power is located in a central government.

c. It relies on a system of checks and balances.

d. State governments retain some sovereignty.

3.13.1 What statement is true of a federal system of government?

a. It works best with homogeneous populations.

b. Political power is located in a central government.

c. It relies on a system of checks and balances.

d. State governments retain some sovereignty.

Explore the Simulation: You Are a Federal Judge

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3.1

Dual Federalism

Before the Civil War

After the Civil War

3.2

Before the Civil War

Marshall Court enhances powers of federal government

McCulloch v. Maryland (1819) Necessary and proper clause States have no power to tax federal agencies

Cohens v. Virginia (1821) Federal court has authority to review state decisions

Gibbons v. Ogden (1824) Federal power to regulate interstate commerce

3.2

Before the Civil War

Dual federalism

Nullification

Doctrine of secession

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Civil War dead 3.2

After the Civil War

Amendments limiting state authority Thirteenth Amendment (1865)

Banned slavery

Fourteenth Amendment (1868) Equal protection Due process

Fifteenth Amendment Voting rights for former slaves

Federal government failed to prevent discrimination

3.2

Integration 3.2

After the Civil War

Industrial Revolution calls for new policies

Monopolies Sherman Antitrust Act (1890)

Court limits federal authority Struck down health and safety regulations

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The Occupy movement 3.2

Child labor 3.2

3.2

a. Expansive

b. Limiting

c. Uncertain

d. Depended upon context

3.2 The Marshall Court took what view of federal government power?

3.2

a. Expansive

b. Limiting

c. Uncertain

d. Depended upon context

3.2 The Marshall Court took what view of federal government power?

Cooperative and Creative Federalism

The New Deal: Cooperative Federalism

Great Society: Creative Federalism and Federal Grants

3.3

The New Deal: Cooperative Federalism

FDR and the New Deal programs

Cooperative federalism Layer cake versus marble cake

Court-packing plan

3.3

Illegal immigration and undesirable jobs

3.3

The Great Society: Creative Federalism and Federal Grants Creative federalism

Johnson’s Great Society and War on Poverty Partnership between federal and state governments

Grants-in-aid Categorical grants

Formula grants Project grants

Block grants

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FIGURE 3.3: Distribution of powers between national and state governments

3.3

FIGURE 3.4: Grants-in-aid from the federal government to the states (1964-1970)

3.3

FIGURE 3.5: Grants-in-aid selected programs, 1964-1970

3.3

a. Dual federalism

b. Fiscal federalism

c. Cooperative federalism

d. Competitive federalism

3.33.3 The Interstate Commerce Act and the Sherman Anti-Trust Act were examples of legislation enacted under a system of:

3.33.3 The Interstate Commerce Act and the Sherman Anti-Trust Act were examples of legislation enacted under a system of:a. Dual federalism

b. Fiscal federalism

c. Cooperative federalism

d. Competitive federalism

Explore Federalism: Which States Win or Lose in the Federal Aid Game?

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3.3

Recent Trends in Federalism

Devolution

A Return to Creative Federalism?

Supreme Court’s Shift in Perspective

Current Challenges Facing State and Local Governments

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Devolution

Purpose: to shift power from federal to state government

Based on belief that government is inefficient

Effect of limited government spending on states Raise taxes or cut services

3.4

FIGURE 3.6: Federal grants-in-aid as a percentage of state and local government budgets

3.4

Video: Thinking Like a Political Scientist

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3.4

A Return to Creative Federalism?

American Recovery and Reinvestment Act (2009) $787 billion stimulus

What will new federalism look like? Devolution still popular in theory

3.4

Timeline 3.4

Medical marijuana and law

3.4

Supreme Court’s Shift in Perspective

Decisions have limited power of federal government Gun Free School Zones Act (1990)

Violence Against Women Act (1994)

Printz v. United States (1997)

3.4

VAWA 3.4

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3.4Video: In the Real World

Current Challenges Facing State and Local Governments Balancing services against tax rates

Income equality

Urban poverty rates

Changing demographics Immigration Aging population

3.4

a. From the federal government to the states

b. It should be distributed equally between the federal and state governments

c. From the states to the federal government

d. From municipalities to the states

3.43.4 Devolution is the doctrine that government power should move in what direction?

a. From the federal government to the states

b. It should be distributed equally between the federal and state governments

c. From the states to the federal government

d. From municipalities to the states

3.43.4 Devolution is the doctrine that government power should move in what direction?

Discussion Question

What are the pros and cons of devolution? What issues make it more popular in theory than in practice?

3

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Video: So What? 3