Federalism: The Division of Power

What is federalism? Powers are shared between a national government and a local government These powers come from the constitution not each other!!!

Why federalism? Unitary was too much like British rule Obviously Confederation was a bad idea Federalism allows unity but not uniformity! How?

Look on page 72 of YOUR book Make a list on your notes as to why federalism is so important Give an example of how the federal government can influence state policy

Federalism in our government today Amendment 10 gave the states their powers Encourages experimentation… if it doesn’t work in a state it won’t work for the nation! Keeps the government closer to the people…because remember, Power to the People!!!! That’s all we want!

New Federalism Tied to a republican takeover of the presidency Shifting a lot of the power from the national government to the states Devolution is the term used for this shift… Devolution Revolution

Government Powers (Division of Powers) National Government State Government Powers Granted Powers Denied Delegated Powers Reserved Powers Concurrent Powers Expressed Implied Inherent 10 th Amendment Denied National Denied States Denied Both

Government Powers (Division of Powers) National Government Powers Granted Delegated Powers Expressed Implied Inherent Expressed: Spelled out in the Constitution Article I, Section clauses giving 27 powers Tax Coin money Regulate trade Declare war Grant patents

Government Powers (Division of Powers) National Government Powers Granted Delegated Powers Expressed Implied Inherent Implied: Not written in Constitution, but reasonably suggested Article I, Section 18, Clause 18 “necessary and proper” The Elastic Clause Build dams Highways & roads Determine crimes

Government Powers (Division of Powers) National Government Powers Granted Delegated Powers Expressed Implied Inherent Inherent: Not written in Constitution, but belong to national governments Regulate immigration Grant diplomatic recognition to nations Protect the nation

Government Powers (Division of Powers) National Government Powers Denied Denied National Denied: Expressly denied: Infringe on rights (speech, press, etc.) Silence in Constitution: Only has delegated powers Denied in Federal System: Can’t tax states

Government Powers (Division of Powers) State Government Powers Granted Reserved Powers 10 th Amendment Reserved Powers: 10 th Amendment Not granted to Federal, but not denied to states. Legal marriage age Drinking age Professional license Confiscate property The power of the state to protect and promote public health, the public morals, the public safety, and the general welfare.

Government Powers (Division of Powers) State Government Denied States: Constitution denies certain powers to state, because they are NOT a federal government. Make treaties Print money Deny rights to citizens Denied States Powers Denied

Government Powers (Division of Powers) National Government State Government Powers Granted Powers Denied Concurrent Powers Denied Both Concurrent: Both States and National have these powers May be exercised separately and simultaneously Collect taxes Define crimes Condemn or take private property for public use

Government Powers (Division of Powers) National Government State Government Powers Granted Powers Denied Concurrent Powers Denied Both Denied Both: Both States and National have been denied these powers Violate rights of citizens

Government Powers (Division of Powers) National Government State Government Powers Granted Powers Denied Delegated Powers Reserved Powers Concurrent Powers Expressed Implied Inherent 10 th Amendment Denied National Denied States Denied Both EXCLUSIVEEXCLUSIVE

The Supremacy Clause (Article VI, Section 2) City and County Laws State Statues (laws) State Constitutions Acts of Congress United States Constitution The U.S. Constitution is the “Supreme Law of the Land.” If there is a conflict between a lower law and a higher one, the higher one “wins.”

Obligations of the Federal Govt Protection Guarantee a republican government

Obligations of a State Government Full Faith and Credit clause Privileges and Immunities clause Extradition

Centralists vs. Decentralists

Read McCulloch v. Maryland What did Chief Justice Marshall say? What powers of the National Government were established? What did he mean by the “power to tax involves a power to destroy” and what does he mean by that?

Sources of National Strength Elastic Clause War Powers Commerce Clause (this one gets used A Lot) Power to tax Mandates…control via federal money

Using your reading packet… What was the problem with your topic? What was the outcome? What was the constitutional basis? Is it Decentralization or Centralization? You need the info above plus a title on your poster.

Changes in Federalism Most of the 20 th century was focused on EVOLUTION But Nixon’s NEW FEDERALISM focused on DEVOLUTION Make sure you know which cases and the why’s of the cases that point toward devolution

Fiscal Federalism The influence of federal money in state and local operations have grown Every time a school buys computers, a state builds a highway, a city builds a park, this is probably done with the assistance of a federal grant

Types of grants Categorical is for a specific program Strings attached… Project or Formula grants

Types of Grants Block Grants money in “blocks” to be used as the state wishes General, like “money for urban renewal but you can use it how you want!”

Which is Which? Which would a republican favor? Why? Which favors centralism? An increase in which would demonstrate devolution of the government? No Child Left Behind would be which? What is unusual about the passing of this grant?

Look on page 88 of YOUR book What is the “Mandate Blues”? Give an example of a federal mandate. Explain how No Child Left Behind would be an example of an unfunded mandate. Analyze the impact of the Unfunded Mandates Law of 1994 on the states