FEDERALISM Introduction

What is Federalism?

Federalism Central feature of the American political system Central feature of the American political system Division and sharing of power between the national government and the states Division and sharing of power between the national government and the states Balance of power between the two levels of government has spawned some of the most intense controversies Balance of power between the two levels of government has spawned some of the most intense controversies

Federalism Historically, national interests have clashed with states’ rights Historically, national interests have clashed with states’ rights Even today--federalism is still one of the most important founding principles of the US government Even today--federalism is still one of the most important founding principles of the US government

All political systems may be evaluated according to their geographic distribution of power

What are the 3 political systems?

Political Systems Unitary system Unitary system Confederal system Confederal system Federal system Federal system

(1) Unitary System One that concentrates all policymaking power in one central geographic place One that concentrates all policymaking power in one central geographic place

British Parliament

(2) Confederal System Spreads the power among many sub-units (such as states) and has a weak central government Spreads the power among many sub-units (such as states) and has a weak central government

(3) Federal System Divides the power between the central government and the sub-units Divides the power between the central government and the sub-units

Which political system does this US have today?

All political systems fall on a continuum from the most concentrated amount of power to the least

Historical Development of Federalism Federalism was carefully defined in the Constitution as a founding principle of the US political system Federalism was carefully defined in the Constitution as a founding principle of the US political system

Historical Development The nature of federalism is dynamic and has been shaped through the years by laws, Supreme Court decisions, and debates among prominent elected officials and statesmen The nature of federalism is dynamic and has been shaped through the years by laws, Supreme Court decisions, and debates among prominent elected officials and statesmen

Federalism in the Constitution When the colonies declared their independence from Britain in 1776, they reacted against the British unitary system in which all political & economic power was concentrated in London When the colonies declared their independence from Britain in 1776, they reacted against the British unitary system in which all political & economic power was concentrated in London

Federalism in the Constitution Although the British did not impose this power consistently until after the French & Indian War ended in 1763, new controls on the colonial governments during the 1760s became a major source of friction that led to war Although the British did not impose this power consistently until after the French & Indian War ended in 1763, new controls on the colonial governments during the 1760s became a major source of friction that led to war

Federalism in the Constitution During the American Revolution, the states reacted to Britain’s unitary system by creating the Articles of Confederation During the American Revolution, the states reacted to Britain’s unitary system by creating the Articles of Confederation Gave virtually all powers to the states Gave virtually all powers to the states

Federalism in the Constitution Framers at the Constitutional Convention tried to balance the perceived tyranny of the unitary system with the chaos created by the confederal system (Shay’s Rebellion) Framers at the Constitutional Convention tried to balance the perceived tyranny of the unitary system with the chaos created by the confederal system (Shay’s Rebellion)

Powers and Responsibilities  Powers of the federal government:  Expressed  implied  inherent  Powers of the states:  authority to establish local governments and school systems  power to enact criminal and civil laws  power to pass laws promoting public health and safety, regulating business within state borders, and requiring various professional licenses

What are Delegated Powers?

DELEGATED POWERS U.S. Constitution grants the national gov certain delegated powers U.S. Constitution grants the national gov certain delegated powers Delegated powers are those that are specifically granted to the fed gov by the Constitution Delegated powers are those that are specifically granted to the fed gov by the Constitution

DELEGATED POWERS Delegated powers are also called expressed or enumerated Delegated powers are also called expressed or enumerated Main delegated powers are: Main delegated powers are: (1) War power (1) War power (2) Power to regulate interstate or foreign commerce (2) Power to regulate interstate or foreign commerce (3) Power to tax and spend (3) Power to tax and spend

(1) The War Power National gov is responsible for: National gov is responsible for: (A) Protecting the nation from external attacks (A) Protecting the nation from external attacks (B) Declaring war when necessary (B) Declaring war when necessary

(1) The War Power Today defense includes: Today defense includes: (A) Maintaining a standing army, navy, and air force (A) Maintaining a standing army, navy, and air force (B) Ability to mobilize industry and scientific knowledge to back the efforts of the military (B) Ability to mobilize industry and scientific knowledge to back the efforts of the military

(2) Power to Regulate Interstate & Foreign Commerce National gov has the responsibility to regulate commerce between the U.S. & foreign nations, as well as trade between states (interstate commerce) National gov has the responsibility to regulate commerce between the U.S. & foreign nations, as well as trade between states (interstate commerce)

(2) Power to Regulate Interstate & Foreign Commerce The commerce clause (Article I, Section 8, Clause 3) gives Congress the power “to regulate Commerce with foreign nations, and among the several states, and with Indian tribes.” The commerce clause (Article I, Section 8, Clause 3) gives Congress the power “to regulate Commerce with foreign nations, and among the several states, and with Indian tribes.”

(2) Power to Regulate Interstate Commerce The government regulates a wide range of human activity, including: The government regulates a wide range of human activity, including: Agriculture Agriculture Transportation Transportation Finance Finance Product safety Product safety Labor relations Labor relations Workplace Workplace

(2) Power to Regulate Interstate & Foreign Commerce Few aspects of today’s economy affect commerce in only one state, so most activities are subject to the national government’s constitutional authority Few aspects of today’s economy affect commerce in only one state, so most activities are subject to the national government’s constitutional authority

(3) Power to Tax & Spend Even when Congress lacks the constitutional power to legislate (education), its power to appropriate money provides Congress with a great deal of control Even when Congress lacks the constitutional power to legislate (education), its power to appropriate money provides Congress with a great deal of control

(3) Power to Tax & Spend When Congress finances an undertaking, it determines how the money will be spent When Congress finances an undertaking, it determines how the money will be spent Congress may threaten to withhold funds if a project does not meet federal guidelines Congress may threaten to withhold funds if a project does not meet federal guidelines

(3) Power to Tax & Spend In recent years, Congress has refused to finance a program in which benefits are denied of race, color, or national origin, and more recently, gender and physical handicap In recent years, Congress has refused to finance a program in which benefits are denied of race, color, or national origin, and more recently, gender and physical handicap

DELEGATED POWERS Other powers specifically delegated to the national government include: Other powers specifically delegated to the national government include: Coining money Coining money Establishing a postal system Establishing a postal system Right of the government to borrow against its credit Right of the government to borrow against its credit

What are Concurrent Powers?

CONCURRENT POWERS All powers not granted in the Constitution to the national government are reserved for the states All powers not granted in the Constitution to the national government are reserved for the states

CONCURRENT POWERS States, however, may hold some of the same powers that the national government has, unless they have been given exclusively to the national government, either by provision of the Constitution or by judicial interpretation States, however, may hold some of the same powers that the national government has, unless they have been given exclusively to the national government, either by provision of the Constitution or by judicial interpretation

CONCURRENT POWERS Concurrent powers are those that both national and state governments hold Concurrent powers are those that both national and state governments hold Examples—levying taxes, establishing & maintaining separate court systems Examples—levying taxes, establishing & maintaining separate court systems

CONCURRENT POWERS Federalism limits state powers in that states cannot “unduly burden” their citizens with taxes Federalism limits state powers in that states cannot “unduly burden” their citizens with taxes Neither can they interfere with a function of the national government, nor abridge the terms of a treaty in the U.S. government Neither can they interfere with a function of the national government, nor abridge the terms of a treaty in the U.S. government

What re Reserved Powers?

RESERVED POWERS Powers held by the states alone Powers held by the states alone They are not listed (as delegated powers are), but they are guaranteed by the 10 th Amendment as “reserved to the states respectively, or to the people.” They are not listed (as delegated powers are), but they are guaranteed by the 10 th Amendment as “reserved to the states respectively, or to the people.”

RESERVED POWERS Reserved powers include: Reserved powers include: Establishing a local government Establishing a local government Regulating trade within a state (Intrastate trade) Regulating trade within a state (Intrastate trade)

43 Powers and Responsibilities  Powers denied to the federal government:  cannot tax exports  cannot pass laws favoring the trade of one state over another  cannot spend money unless authorized by Congress  cannot exercise powers not mentioned or implied in the Constitution or inherent to the governments of all nations  cannot deny people accused of crimes the right to trial by jury  cannot grant titles of nobility

44 Powers and Responsibilities  Powers denied to the states:  cannot issue their own money  cannot make treaties  cannot go to war unless attacked or authorized to do so by Congress  cannot manage domestic or foreign trade unless authorized by Congress  cannot deny people accused of crimes the right to trial by jury  cannot grant titles of nobility

45 Powers and Responsibilities  Responsibilities the federal and state governments have to each other  Federal responsibilities:  ensuring that states have republican governments  protecting the states from acts of violence and helping them after natural disasters  respecting the states’ territories  State responsibilities:  establishing districts from which members of the House of Representatives are elected  setting rules for electing members to Congress and choosing presidential electors  paying costs for running elections  maintaining the National Guard

46 Powers and Responsibilities  Role of the courts in the U.S. federal system:  has the authority to hear cases involving the Constitution, U.S. laws, and states’ disputes  makes decisions and resolves disputes between the federal government and the states based on the rules listed in the Constitution

47 Growth of Federalism  Examples of the growth of federal government’s involvement in states’ affairs:  law enforcement assistance  funding for the National Guard  revenue sharing  federal grants

48 Growth of Federalism  Effects of grants-in-aid on the growth of federalism:  increased federal involvement in state and local activities  increased the growth of state-run programs by establishing funding in areas, such as education, transportation systems, housing, and programs for people in need  What are some examples?

 No Child Left Behind  21 drinking age  Head Start  Welfare to Work programs  Law enforcement block grants

50 Growth of Federalism  Role of federal mandates in federalism:  direct states and local governments to take action on particular issues  provide states a choice between allowing actions to be carried out at the federal or state level  set conditions that states must meet before federal funding is disbursed  What are some examples

 Americans With Disabilities Act  Affordable Care Act (Obamacare)  Civil Rights Act/ Voting Rights Act  Clean Air Act

Relations Among the States  Process in which states are admitted to the United States:  A territory petitions Congress.  If Congress approves the petition, it passes an enabling act and the territory drafts a constitution.  If both the territory’s residents and Congress approve the constitution, then Congress passes an act of admission making the territory a state.  Ways the states cooperate in the federal system:  recognizing official acts of other states  respecting the rights of citizens from other states  forming interstate compacts  honoring requests for extradition

Federalism and the Public Good  Ways the national government promotes the public good:  provides a central authority  distributes power  balances federal and state interests  Ways the division of power in a federal system helps government serve the public good:  encourages alternate solutions  checks the power of the federal and state governments  promotes participation  How balancing federal and state interests has helped to promote the public good:  increased federal government involvement in state and local activities that affect all U.S. citizens  worked to protect the rights of all U.S. citizens

54 Chapter Wrap-Up 1.WHAT POWERS DOES THE CONSTITUTION RESERVE TO STATE GOVERNMENTS, AND WHAT POWERS DOES IT GRANT TO THE FEDERAL GOVERNMENT? 2.WHAT POWERS DOES THE CONSTITUTION DENY STATE AND FEDERAL GOVERNMENTS? 3.HOW HAS FEDERAL INVOLVEMENT IN STATES’ AFFAIRS CHANGED? 4. HOW DO FEDERAL GRANTS-IN-AID SUPPORT STATE AND LOCAL GOVERNMENTS? 5.WHAT THREE BASIC FORMS DO FEDERAL MANDATES TAKE? 6.HOW ARE STATES ADMITTED INTO THE UNION? 7.HOW DO STATES WORK TOGETHER IN THE FEDERAL SYSTEM? 8.HOW DOES FEDERALISM PROMOTE THE PUBLIC GOOD? 9.HOW DOES THE DISTRIBUTION OF POWER BETWEEN STATE AND FEDERAL GOVERNMENTS PROMOTE THE PUBLIC GOOD?