FEDERALISMFEDERALISM

FEDERALISMFEDERALISM

The balance of power between the state governments and the

Federal government

The balance of power between the state governments and the

Federal government

What do you think??What do you think??1. How do you believe the issue of immigration should be handled? Do you

believe former AZ Governor, Jan Brewer, should have been able to pass bills such as SB1070? Explain your feelings on this issue.

2. Do you believe gay marriage should be legal for EVERYONE in EVERY state? Do we need to pass a Constitutional amendment in regards to this issue?

3. Do you believe in the death penalty? Should the U.S. Congress be able to pass laws dealing with the death penalty? Why or why not??

4. Do you believe the drinking age of 21 is fair? Is this a State law or a Federal law?

5. Do you feel the Federal government should provide every opportunity possible to ensure young adults go to college (this can include $)? Explain your answer.

1. How do you believe the issue of immigration should be handled? Do you believe former AZ Governor, Jan Brewer, should have been able to pass bills such as SB1070? Explain your feelings on this issue.

2. Do you believe gay marriage should be legal for EVERYONE in EVERY state? Do we need to pass a Constitutional amendment in regards to this issue?

3. Do you believe in the death penalty? Should the U.S. Congress be able to pass laws dealing with the death penalty? Why or why not??

4. Do you believe the drinking age of 21 is fair? Is this a State law or a Federal law?

5. Do you feel the Federal government should provide every opportunity possible to ensure young adults go to college (this can include $)? Explain your answer.

Defined PowersDefined Powers Expressed – powers that are written in the

Constitution Implied – reasonably suggested by the

expressed powers / “necessary and proper clause” or the “elastic clause”

Inherent – powers given to the government simply because they are the government

Enumerated Powers – Article 1, section 8 (Congress)

Reserved Powers – powers NOT given to the Fed. Government and NOT denied to the States

Concurrent – Powers shared by the Federal and State Governments

Expressed – powers that are written in the Constitution

Implied – reasonably suggested by the expressed powers / “necessary and proper clause” or the “elastic clause”

Inherent – powers given to the government simply because they are the government

Enumerated Powers – Article 1, section 8 (Congress)

Reserved Powers – powers NOT given to the Fed. Government and NOT denied to the States

Concurrent – Powers shared by the Federal and State Governments

ConcurrentPowers

Powers of States

Powers of National

Government

* Expressed, Implied, Inherent,

Enumerated

* Reserved

The Division of PowersThe Division of Powers

Coin Money Regulate state and

foreign trade Raise and maintain

taxes Declare war Govern U.S. territories

and admit new States Conduct foreign

relations Provide an army &

navy Est. courts inferior to

Supreme Court Est.post offices Make laws “necessary

& proper” to carry out the foregoing powers

Coin Money Regulate state and

foreign trade Raise and maintain

taxes Declare war Govern U.S. territories

and admit new States Conduct foreign

relations Provide an army &

navy Est. courts inferior to

Supreme Court Est.post offices Make laws “necessary

& proper” to carry out the foregoing powers

Tax Borrow

money Est. courts Make &

enforce laws Charter

banks/corps Spend money

for the general welfare

Private property for public purposes with just compensation

Tax Borrow

money Est. courts Make &

enforce laws Charter

banks/corps Spend money

for the general welfare

Private property for public purposes with just compensation

Est. local governmentsEst. public schoolsPass license requirements for professionalsRegulate commerce w/in stateConduct electionsRatify amendments to Federal ConstitutionTake measure for public health, safety, moralsExert powers the Constitution does not delegate to the Nat’l Gov or prohibit the states from using

NATIONAL CONCURRENT STATE NATIONAL CONCURRENT STATE

The National government

& The 50 States

The National government

& The 50 States The Constitution requires the National Government to guarantee every State in the Union a representative government.

The States are guaranteed protection from the National Government. (Article IV, Section 4): an invasion on any state would be seen as an attack on the United States.

Federalism Video review

The Constitution requires the National Government to guarantee every State in the Union a representative government.

The States are guaranteed protection from the National Government. (Article IV, Section 4): an invasion on any state would be seen as an attack on the United States.

Federalism Video review

The Major Disaster Process

FEMA: Federal Emergency Management Agency

Step 1: Local Government Responds: If overwhelmed, turns to the State for assistance

Step 2: The State responds with State resources (National Guard/State Agencies)

Step 3: Damage Assessment taken by local, State, Federal, and volunteer organizations)

Step 4: Major Disaster Declaration: requested by governor- based on damage assessment

Step 5: FEMA Evaluates the request & recommends actions to the White House

Step 6: President approves the request or FEMA informs governor it has been denied

August 29, 2005Killed 1,833 people

Destroyed 5,363 homes in Lower 9th Ward alone.

Who Helps During a Disaster?

At the federal level, these organizations have disaster responsibilities: FEMA, U.S. Small Business Administration, Department of Transportation, Army Corps of Engineers, National Oceanic and Atmospheric Administration, U.S. Geological Survey, Corporation for National Service, among others.

These non-profit or voluntary organizations also participate in disaster response and recovery: American Red Cross, Church World Services, Mennonite Disaster Service, Salvation Army, Humane Society of the United States.

All states also have offices of emergency services, and all local jurisdictions have police and fire departments that have disaster responsibilities.

Admission ProcedureAdmission Procedure

Area desiring Statehood asks Congress for admission

Enabling act: directing the people of a territory to frame a proposed State constitution

Convention prepares the constitution- put to a popular vote

Voters approve --> submitted to Congress for review

Congress approves --> “act of admission” President signs act --> new state enters the

Union

US Territories

Can you name them????

US Territories

- American Samoa- 1900- Guam- 1899

- Puerto Rico- 1899- U.S. Virgin Islands- 1917

Can you name them?

“Conditions for Admission”“Conditions for Admission”

-Congress also has the power to create “conditions for Admission”

-Example: President Taft: vetoed Arizona’s

admittance in 1911- State’s constitution said members of State’s judiciary could be removed from office by popular vote- Taft disagreed because judge would have to keep “one eye on the law and the other on public opinion” - Arizona removed that section- Congress passed new constitution - Arizona admitted in 1912

Cooperative Federalism Funds granted to

states by the Federal Government

Services that states perform for Federal Government

Funds granted to states by the Federal Government

Services that states perform for Federal Government

Federal Grants-In-AidFederal Grants-In-Aid

Grants-in-Aid Programs: Grants of federal money/resources for States

(cities/counties)

What could the money be used for?Schools/colleges/universities/educationRoads/canals/mass transit/highway constructionFlood control workHealth careOn-the-job training

- Accounts for 25% of annual State/local Government spending

Types of Federal Grants

3 Types:

1. Categorical- specific purpose

2. Block- broadly defined purpose

3. Project- job training, research, health & science

3 Types:

1. Categorical- specific purpose

2. Block- broadly defined purpose

3. Project- job training, research, health & science