Ch. 6- Federalism: National, State,

and Local PowersGrade 7 Civics

6.2- The Establishment of a Federal System

Pages 102 - 104

•Florida Standards:

• S.S.7.C.3.4 • Identify the relationship and division of powers between the federal government and state

governments.

• S.S.7.C.3.9 • Illustrate the law making process at the local, state, and federal levels.• SS.7.C.3.14

• Differentiate between local, state, and federal governments’ obligations and services. • SS.7.C.3.11

• Dealing with levels, functions, and powers of courts will be partially covered (local level) in this unit, but diagramming (graphic organizer) will done in a later unit entitled, “Courts, Judges, and the Law”.

• Copy the Venn diagram below into your notebook. (You have 2 minutes)

Let’s get started!

As we go through section 6.2, fill out this Venn diagram by providing a definition and at least 2 examples of powers for each part of the diagram.

The Constitutional Division of Powers

• The U.S. was the first nation-state founded with a federal system of government.• The U.S. Constitution

divides power between the national and state governments.• These powers are then

divided into three categories: expressed, concurrent, and reserved.

(Venn diagram, page 103)

• Expressed powers - are powers specifically granted to the national government by the U.S. Constitution (also known as enumerated or delegated powers).• The U.S. Constitution lists only 17 of these specific powers. • E.g.: coining money and making treaties

• The power to collect taxes is a concurrent power (i.e.: a power shared by the federal and state governments under the U.S. Constitution).

The Constitutional Division of Powers

• The U.S. Constitution says little about the powers reserved by states (i.e.: reserved powers - powers kept by the states under the U.S. Constitution).

• It does place some requirements on the states, for example:

• The Full Faith and Credit Clause insists that states recognize, honor, and enforce one another’s public actions.• The Privileges and Immunities Clause says states cannot discriminate against residents

of other states.• The 10th Amendment states that any powers not specifically delegated to the national

government are reserved to the states, such as:• Schools• Regulating business within the state • Protecting state resources (wildlife, phosphate, water, coastlines)

The Constitutional Division of Powers

Did you fill out your Venn diagram?

• If you haven’t already… (You have 5 minutes)

• Fill out the diagram with at least two examples of powers for each part of the diagram.

•Provide a definition for each of the powers.

• (For the Venn diagram, go to page 103)

Now write down the following question…

•What are the benefits and drawbacks of a federal system?

•Use the following 2 slides to answer the question above.

(You have 2 minutes)

The Benefits of a Federal System

• There are 4 benefits of a federal system:

1. Federalism protects against tyranny of the majority• Respects the rights of the minority• Freedom of choice

2. Federalism promotes unity without imposing uniformity• Allows for a variety of local preferences (E.g.: states pass the laws that they need)

3. Federalism creates “laboratories” for policy experiments • Allows states to try a new idea, that if successful, may lead other states to follow• If the idea fails, only one state loses out (state that conducted the political experiment)

4. Federalism encourages political participation • Voters can see the direct effect of their political participation by getting involved in the political

process closer to home (E.g.: their neighborhood or county)

The Drawbacks of a Federal System

• The lack of consistency of laws and policies between states (E.g.: each state has its own different traffic laws. E.g.: credentials for teachers and other certified careers may be valid in one state but not another)• The U.S. Constitution does not draw clear lines between national and state

powers (i.e.: who has control over certain issues), such as: • Wildlife • Regulating air quality• Providing health care to those with a low socioeconomic status

• When questions arise over who is in charge, it is often left to the Supreme Court to draw the line between the state and federal authority.

Did you answer the question?

•What are the benefits and drawbacks of a federal system?

• To find the answer, use pages 103 and 104.

6.3- The Evolution of Federalism

Pages 104 - 108

•Florida Standards:

• S.S.7.C.3.4 • Identify the relationship and division of powers between the federal government and state

governments.

• S.S.7.C.3.9 • Illustrate the law making process at the local, state, and federal levels.• SS.7.C.3.14

• Differentiate between local, state, and federal governments’ obligations and services. • SS.7.C.3.11

• Dealing with levels, functions, and powers of courts will be partially covered (local level) in this unit, but diagramming (graphic organizer) will done in a later unit entitled, “Courts, Judges, and the Law”.

The Evolution of Federalism• There are approximately 88,000 national, state, and local units of government

in the Unites States.• Because of this, relations among the different levels have evolved and

changed over time.

Let’s create a timeline!

•Create a timeline in your notebook, and place each of these terms along it:

• Dual federalism

• Cooperative federalism

• Regulated federalism

• New federalism

(You have 3 minutes)

Let’s create a timeline!

• For each term, include:

• 1) The approximate dates that this type of federalism existed. • 2) A brief explanation of how national and state powers were

defined during each period.

• Let’s use the following presentation to fill out your timeline in your notebook.

• (Pages 104 – 108)

Dual Federalism: A Layer Cake of Divided Powers

• The framers agreed that the powers of the national government were to be “few and defined” and that the powers of the states “numerous and indefinite.”• From 1790 to 1933, the

national and state governments maintained a fairly strict division of powers.

Dual Federalism: A Layer Cake of Divided Powers

• Dual Federalism (layer cake) - The two levels of government (national and state) are part of a whole, but each has its own responsibilities.• McCulloch v. Maryland (1819) - Set the supremacy of the national gov’t over

the states.• Gibbons v. Ogden (1824) - Set the precedent that the national government is

responsible for interstate commerce.

• Interstate Commerce - Trade among states (controlled by national government).• Intrastate Commerce - Trade within the borders of a state (controlled

by state).

Cooperative Federalism: A Marble Cake of Mixed Powers

• The Great Depression of the 1930s led to a different conception of federalism.• As the Depression deepened, the efforts of state governments to feed

the hungry and revive the economy proved inadequate.• In desperation, Americans turned to the national government for

help.• In 1933, President Roosevelt launched legislation called the New Deal,

marking the beginning of new era of shared power among the national, state, and local governments; working together as allies.

Cooperative Federalism: A Marble Cake of Mixed Powers

• Cooperative Federalism (marble cake) - A federal system with considerable sharing between national, state, and local governments.• Key ingredient of marble cake

federalism was a mix of grants-in-aid programs.• Grants-in-aid - Funds given by the

federal government to state and local governments for specific programs (E.g.: aid to unemployed).

Dual v. Cooperative Federalism

Regulated Federalism: More Money with More Strings

Attached• In the 1960s, President Lyndon Johnson expanded on the New Deal by

creating legislation called the Great Society.• The Great Society was a set of programs designed to end poverty, eliminate

racial injustice, and improve the environment.• Like Roosevelt, Johnson gave grants-in-aid to the state and local governments

in order to fund the programs but they came with strict regulations on how the money was to be spent. This is known as regulated federalism.• Regulated federalism - A federal system dominated by the national

government; tightly controlled grants and unfunded mandates are key elements of regulated federalism.

Regulated Federalism: More Money with More Strings

Attached• These regulations were sometimes

unfunded mandates.• Unfunded mandates (1960) – a regulation

or policy imposed by the federal government on state and local governments without adequate federal funds to carry out the policy.• With regulated federalism, the federal

government became much more involved in state and local affairs.

New Federalism: Returning Power to the States

• The rapid expansion of federal power in the 1960s alarmed the people who valued state and local control.• While running for President in 1968, Richard Nixon sought to minimize the

federal government and bring in New Federalism (devolution).• New Federalism (devolution) – a federal system guided by a policy of

returning power to the state and local governments (i.e.: The national and state governments shared fewer powers as devolution returned power to the states).• New federalism occurred during the 1970s and 1980s during the Nixon and

Reagan administrations.

New Federalism: Returning Power to the States

•Devolution picked up speed in 1994, when Republicans gained control of Congress for the first time in 40 years.• The new Republican majority enacted the Unfunded

Mandates Reform Act (1995).•Unfunded Mandates Reform Act - was meant to stop

Congress from burdening states with responsibilities without providing adequate funds.

New Federalism: Returning Power to the States

• A year later, Congress pushed devolution further when it overhauled the nation’s welfare system.• In the past, federal officials closely regulated how states gave out welfare

payments to needy families but the Personal Responsibility and Work Opportunity Reconciliation Act (1996) returned control of welfare systems to the state governments.• The federal government provided the necessary funds to the state

governments in the form of block grants.• Unlike the unfunded mandates, Block Grants are unregulated grants that

leave states free to decide how best to spend the money they received.

Support for Devolution from the Supreme Court

• In recent years, the Supreme Court has contributed to devolution with a series of decisions limiting federal power.

• Gun-Free School Zone Act of 1990

• Appealed: Congress lacked authority to regulate guns in a school zone.• U.S. v. Lopez (1994) – The Court struck down the law as an unconstitutional

expansion of federal power.

United States v. Lopez (1994)

6.4- State Governments in a

Federal SystemPages 108 - 113

•Florida Standards:

• S.S.7.C.3.4 • Identify the relationship and division of powers between the federal government and state

governments.

• S.S.7.C.3.9 • Illustrate the law making process at the local, state, and federal levels.• SS.7.C.3.14

• Differentiate between local, state, and federal governments’ obligations and services. • SS.7.C.3.11

• Dealing with levels, functions, and powers of courts will be partially covered (local level) in this unit, but diagramming (graphic organizer) will done in a later unit entitled, “Courts, Judges, and the Law”.

Let’s look it up!

•Write down the following question:

•What do state constitutions show about how power is distributed in our federal system?

(You have 2 minutes)

State Constitutions: Long and Much Amended

• Most state constitutions require a quorum to be present for the legislature to vote on bills.

• Quorum – is a fixed number of people, often a majority, must be present for an organization to conduct business• The purpose of a quorum is to prevent an unrepresentative minority from taking

action in the name of the full organization.

• The U.S. Constitution requires every state constitution to support a “republican form of government,” but each state can organize its government as its citizens choose.

State Constitutions: Long and Much Amended

• State constitutions show that both the national and state governments have power to govern in our federal system. The national government has limited power and reserves a good amount of power for the states.

• The U.S. Constitution has approximately 7,400 words.

• The average state constitution has over 36,000 words.

(Page 109)

Unlike the U.S. Constitution, state constitutions tend to change frequently.

Today, only 5 states still have Constitutions written before 1850.

The state of Florida has amended its Constitution over 100 times.

Let’s look it up and draw!

•Using your textbook (pages 110 – 113), or this presentation:

1. Record notes about the role of state legislatures, state governors, and state court systems.

2. Create an illustration that will help you remember important information about the three branches of state government.

State Constitutions: Long and Much Amended • State constitutions are amended in one of two ways:

1. The state Legislature proposes an amendment, which is then passed on to the citizens (voters) for approval.• About ¾ of amendments proposed by legislatures win voter approval.

• Or,

2. Citizens can petition for a public vote on a proposed amendment through the initiative process.• About ½ of the amendments proposed by citizen initiatives are enacted by voters.

The Role of State Legislatures: Laws, Budgets, and

Redistricting• Like the U.S. Congress, state legislatures are responsible for enacting

laws, levying taxes and creating budgets.• In all states, lawmakers are elected by popular vote.• State lawmakers enact laws on a wide range of issues, for example:• The creation of state parks• Establish graduation requirements for high school• Regulate business activities within the state

• They also pass tax laws and draw up budgets to fund everything from state prisons to community colleges

The Role of State Legislatures: Laws, Budgets, and

Redistricting

• State lawmakers are responsible for apportionment (i.e.: the distribution of seats in the U.S. House of Representatives and in the state legislatures).• The U.S. Constitution apportions seats in the House of

Representatives to the states based on population.• Congress does not have the power to say how those seats should

be distributed within a state. That decision is left up to each state.

The Role of State Legislatures: Laws, Budgets, and

Redistricting• For much of our history, state

legislatures varied in how they approached apportionment.• Often, lawmakers tried to draw

boundaries in a manner that benefited themselves or other members of their party.• This is known as gerrymandering,

(i.e.: drawing the legislative district with the intent of giving one party or group a significant advantage).

The term gerrymander was created in 1811 to describe a salamander-shaped legislative district in Massachusetts.

Elbridge Gerry, the governor of Massachusetts, had created the oddly shaped district to help members of his party.

This 1812 cartoon shows the salamander-like shape of Massachusetts legislative district created by governor Elbridge Gerry.

(Page 111)

The Role of State Legislatures: Laws, Budgets, and

Redistricting• Frustration with the issue of gerrymandering led to a group of

citizens, led by Charles Baker, to sue Tennessee’s Secretary of State in 1959.• Tennessee hadn’t redrawn its district lines since 1901. During that time, many

rural families had migrated to cities. As a result of the legislature’s inaction, Baker’s urban district had 10 times the population as some rural districts.

• Baker v. Carr (1961) - Changed precedent, making redistricting (i.e.: the redrawing of voting districts to reflect population changes), a state and federal court issue based on the 14th Amendment’s right to “equal protection under the laws.”

The Role of State Legislatures: Laws, Budgets, and

Redistricting• Baker v. Carr had far reaching implications as 36 states filed lawsuits

over the issue of redistricting.• Reynolds v. Sims (1964) - State legislatures across the U.S. were

forced to redraw their legislative districts following the principle of “one person, one vote.”• Today, redistricting occurs every ten years after the national census is

published.• A few states have turned over this task of redrawing district lines

based on census data to an independent commission.• In most states, however, redistricting is still done by lawmakers.

The Role of State Governors: Managing the Executive Branch

• In all states, governors are elected by popular vote.• Almost all serve four-year terms. In many states, they are limited to two

terms.• The Governor is the head of the Executive branch and has the power to:

• Help establish the legislature's agenda• Prepare the state budget• Veto bills and budgets approved by the legislature• Appoint state officials• Grant pardons or reduce a criminal’s sentence• Command the state National Guard• Issue executive orders

The Role of State Governors: Managing the Executive Branch

• An executive order is an order issued to a government agency to accomplish a specific task or carry out a specific policy.• (E.g.: create a task force or advisory group to study problems as diverse as

foster care, recycling, juvenile justice, water management, etc.)

• Governors may also serve as ambassadors for their state and play a major role in promoting its economic development.

The Role of the State Court Systems: Settling Legal Disputes• The majority of legal cases in the United States are handled at the

state and local level. Only cases that have a bearing on federal law are heard in federal courts.

• There are two main kinds of courts in state judicial systems:1. Trial courts – handle most cases that affect the daily lives of citizens.2. Appeals courts – handle cases that are appealed, or requested to be

reviewed in order to reverse the decision of a trial court. (They interpret the law, not the facts of a case)

The Role of the State Court Systems: Settling Legal Disputes

• There are two levels of trial courts:

A. Lower level,1. municipal courts - deal with traffic tickets, adoptions,

divorces, and minor violations of law; and2. small claims courts – settle disputes involving small amounts

of money (usually less than $5,000)B. Higher level,

1. trial courts - (also called: superior court, county courts, and district courts) deal with major criminal cases and lawsuits.

6.5- Local Governments

Pages 114 - 117

Local Governments

• Despite their importance, local governments are not mentioned in the U.S. Constitution.• It is up to each state to establish

local units of government for its citizens.• Local governments have the most

effect on citizens’ everyday life.

Let’s create a table!

• Complete this table in your notebook by briefly describing the organization and purpose of each local government system.

• You may use the information found in this presentation to fill out your table or pages 114 to 117 in your textbook.

Counties, Parishes, and Boroughs

• The original purpose of counties was to provide government services to rural residents. These services may include:• Law enforcement• Courts• Road construction and maintenance • Public assistance to poor• Recording legal documents

• Many counties have expanded to provide health protection, hospitals, libraries, parks, fire protection, and agricultural aid.

Counties, Parishes, and Boroughs

• County governments were traditionally headquartered in the county seat, which is often the most centrally located town in the county.

• County Seat – the town or city in which a county government is based. (E.g.: County headquarters in Polk County = BARTOW)

• Most county governments are headed by an elected board of commissioners or board of supervisors. Other elected officials typically include the county sheriff, treasurer, tax assessor, and judges

• Appointed officials may include the fire marshal and the county coroner.

Towns and Cities

• The oldest form of city government is a mayor council system.• Mayor-council system - The voters elect both city council members

and a mayor.• The mayor is the chief executive of the city.• The city council is the lawmaking body of the city.

• The purpose is to govern a city. The mayor’s powers vary from city to city.• Some cities have strong mayors, others have weak mayors.• This worked well in the 1800s.

Mayor-Council System

(Page 115)

Towns and Cities • Due to natural disasters that occurred along the Gulf Coast in the early 1900s, the mayor-

council system of government was abandoned and replaced with a board of commissioners (commission system).

• Commission System – a form of city government led by a group of professional commissioners chosen (by the voters) for their skills and expertise. Commissioners enact ordinances.• This system worked well to repair cities like Galveston, TX, which were ruined due to

natural disasters that occurred in the early 1900s.

• The purpose is to govern a city. Commissioners also serve as department heads to carry out duties.• One criticism of the system was that it was undemocratic.• Elections were held where commissioners were still elected based on their skills and

expertise.

Commission System

(Page 115)

Towns and Cities

• In the 1950s and 60s, many cities switched to a third form of local government known as the council-manager system.• council-manager system - Citizens elect a city council (often led by a

weak mayor), but the day-to-day job of running the city government is handled by a hired city manager.• The purpose is to govern a city. This system combines the democratic

rule of a city council with the professional management expertise.• Today, council-manager system is the most popular form of local

government in the United States

Council-Manager System

(Page 115)

Special-Purpose District

• Some functions of government are so specialized that citizens create separate units of government to deal with them.• Special-Purpose Districts - Government entities that may overlap

geographic boundaries of cities and counties, but they operate independently from those other local units of government.• These districts may have their own elected leaders and taxing

authority.• They usually carry out one specialized function, such as providing fire

protection, running a hospital, or providing education.

Special-Purpose District

(Page 116)

The Challenges Facing Local Governments

• Local governments are more closely watched by citizens because they affect their everyday lives• Most local governments depend on citizens who are willing to

volunteer their time.

• Most government positions pay little to nothing.

• Finding volunteers can be difficult.