magleby chapter3 ppt

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3American Federalism


Learning Objectives

3.1

3.2

3

Interpret the definitions of federalism, and assess the advantages and disadvantages of the American system of federalism

Differentiate the powers the Constitution provides to national and state governments


Learning Objectives

3.3

3.4

3

Assess the role of the national courts in defining the relationship between the national and state governments, and evaluate the positions of decentralists and centralists

Analyze the budget as a tool of federalism, and evaluate its impact on state and local governments


Learning Objectives

3.5

3

Evaluate the current relationship between the national and state governments and the future challenges for federalism

3.5


Defining Federalism

Alternatives to Federalism Advantages of Federalism Disadvantages of Federalism

3.1


3.1Cooperative Federalism


Alternatives to Federalism Unitary system

Central government holds all power Confederation

Constituent units are sovereign Not all federations are alike

Vary over time as well as place

3.1


Advantages of Federalism

Federalism checks the growth of tyranny Federalism allows unity without uniformity Federalism encourages experimentation Federalism provides training and creates

opportunities for future national leaders Federalism keeps government closer to

the people

3.1


FIGURE 3.1: Number of governments in the United States, 2009

3.1


Disadvantages of Federalism Government cannot respond quickly to

national problems Division of power makes it difficult for

voters to hold elected officials accountable Lack of uniformity can lead to conflict Variation in policies creates redundancies,

inefficiencies, and inequalities

3.1


3.1 Which type of government vests all sovereign power in a central authority?

3.1

a. Confederationb. Unitary governmentc. Federalismd. Alliance


Constitutional Structure of American Federalism Powers of the National Government Powers of the States Constitutional Limits and Obligations Interstate Relationships

3.2


Powers of the National Government Types of powers in the Constitution

Delegated powers Implied powers Necessary and proper clause Express power Inherent powers

3.2


Powers of the National Government National government authority over

states: Supremacy clause War power Power to regulate interstate and foreign commerce Power to tax and spend

3.2


Powers of the States

Reserve power All powers not granted to national government

Concurrent power Shared powers with national government

3.2


3.2Medical marijuana


Constitutional Limits and Obligations States prohibited from:

Making treaties Interfering with foreign commerce Coining money Taxing imports/exports Engaging in war

National government cannot force states to enforce national laws

3.2


TABLE 3.1: Constitutional division of national and state powers

3.2


Sobriety checkpoint 3.2


Interstate Relationships

Full faith and credit Interstate privileges and immunities Extradition Interstate compacts

3.2


3.2 What are state-only powers known as?

3.2

a. Concurrentb. Reservec. Extradition d. Supremacy


National Courts and Federalism McCulloch v. Maryland National Courts and the Relationship with

the States Supreme Court and the Role of Congress Continuing Debate Between Centralists

and Decentralists

3.3


McCulloch v. Maryland (1819) Dispute over division of federal-state

power Marshall’s opinion Implied national powers National supremacy

3.3


National Courts and the Relationship with the States Fourteenth Amendment

Due process Equal protection

Preemption Conflict with national law Dominant national interest

3.3


Supreme Court and the Role of Congress 1930s-1990s: Court favors national

government power Broadly interprets commerce clause

Shift toward states’ rights Conservative appointees Constitutional counterrevolution

3.3


Voter registration 3.3


Continuing Debate Between Centralists and Decentralists Centralists believe national government

should exercise its powers to the fullest Lincoln, Roosevelt, FDR, Johnson, Court

Decentralists believe government power should be narrowly defined Anti-Federalists, Jefferson, Reagan, Bush, conservative

Supreme Court justices Devolution revolution: returning power to the states

3.3


3.3Texting while driving


3.3 Which president would have beena decentralist?

3.3

a. Abraham Lincolnb. Franklin Delano Rooseveltc. Ronald Reagan d. All of the above


3.3 Which president would have been a decentralist?

3.3

a. Abraham Lincolnb. Franklin Delano Rooseveltc. Ronald Reagan d. All of the above


National Budget as a Tool of Federalism Types of National Government Grants Politics of National Grants Battle for Grants Unfunded Mandates

3.4


Types of National Government Grants Project grants Formula grants Categorical grants Block grants

3.4


Changing School Lunches 3.4


Politics of National Grants; Battle for Grants Republicans favor block grants Democrats favor categorical grants Battles tend to be cyclical

When one level has control, people tend to think other level would do better

States and local governments lobby for grants

3.4


Unfunded Mandates

Unfunded Mandates Reform Act of 1995 Must explain costs to state and local government Must explain why those governments must pay for it

3.4


3.4 Which type of grant gives states more discretion in how the money is spent?

3.4

a. Project grantb. Categorical grant c. Unfunded mandate d. Block grant


Politics of Federalism

Growth of National Government Future of Federalism

3.5


Growth of National Government Power has shifted to national government

Problems national in scope Economic growth Great Depression (1930s) Communications technology Civil War Inertia

3.5


Future of Federalism

Greater roles of state government Which government will protect civil

rights? Federalism

Source of rewards Source of frustration

3.5


3.5 The tendency of federalism in the U.S. has been toward

3.5

a. More federal powerb. More state powerc. Increases in both federal and state powerd. Decreases in both federal and state power


Discussion Question

What are the different types of grants that the federal government can give to the states? Which type do states prefer, and why? Do these grants give more power to the federal government or the states?

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