FEDERALISM

The fear was tyranny so power was divided between the Federal and State Governments. Separation of Church and State ( Wall of Separation) 1. A federal system allows both national and state governments to derive power from the people (aka Dual Federalism) 2. A Unitary system has all local and regional governments deriving power from a strong national government and not the people

Number of U.S. Governments

Article Four of the Constitution 1. Full Faith and Credit (respect contracts and judicial orders entered into in another state) Out of state driver’s licenses 2. Privileges and Immunities (same rights state to state as provided by the national government) Higher out of state college tuition, Wait 30 days to vote. 3. Interstate Compacts Extradition – usually granted but not always Agreement between states – Dispose of garbage

What was the Defense of Marriage Act? A law making divorce illegal. A law ensuring that marriage will never be outlawed in any state. A law designed to circumvent the full faith and credit clause by allowing states to disregard same-sex marriages performed in other states. A law allowing separated couples to stay legally married for tax and child custody purposes indefinitely. A law prohibiting taxation in any form to be placed on the act of marriage.

What was the Defense of Marriage Act? A law making divorce illegal. A law ensuring that marriage will never be outlawed in any state. A law designed to circumvent the full faith and credit clause by allowing states to disregard same-sex marriages performed in other states. A law allowing separated couples to stay legally married for tax and child custody purposes indefinitely. A law prohibiting taxation in any form to be placed on the act of marriage. 6

National Powers Under the Constitution Enumerated Powers 17 specific powers granted to Congress Article 1, section 8 of the U.S. Constitution Taxation Coinage of money Regulation of commerce National defense Necessary and Proper Clause Implied Powers Supremacy Clause Mandates that national law is supreme to all other laws passed by the states or by any other subdivision of government

Reserve -State Powers Under the Constitution Article 1 Allows states to determine time, place, and manner of elections for House and Senate representatives Article II Requires that each state appoint electors to vote for president Article IV Privileges and immunities clause Republican form of government Protection against invasion Tenth Amendment States’ powers described here Reserve or police powers

Concurrent Powers Concurrent powers Authority possessed by both state and national governments and exercised concurrently (at the same time) Power to tax Right to borrow money Establish courts Make and enforce laws to carry out these powers

Denied Powers States cannot Congress cannot Enter into treaties Coin money Impair obligation of contracts Cannot enter into compacts with other states without congressional approval Congress cannot Favor one state over another in regulating commerce Cannot lay duties on items exported from any state (No State Tariffs)

ARTICLE SIX OF THE CONSTITUTION 1. ALL NATIONAL DEBTS WILL BE HONORED 2. SUPREMECY CLAUSE {constitution is supreme law of the land and national laws pre-empt state laws}

THE KEY 3 COURT CASES 1. Marbury v. Madison (1803) 2. McCulloch v. Maryland (1819) 3. Gibbons v. Ogden (1824) Federalist John Marshall expands the power of the Federal Judiciary and the Federal Government

McCulloch v. Maryland (1819) Gibbons v. Ogden (1824) All of the above Which of the following Supreme Court cases restricted the powers of the national government? Barron v. Baltimore (1833) McCulloch v. Maryland (1819) Gibbons v. Ogden (1824) All of the above None of the above

McCulloch v. Maryland (1819) Gibbons v. Ogden (1824) All of the above Which of the following Supreme Court cases restricted the powers of the national government? Barron v. Baltimore (1833) McCulloch v. Maryland (1819) Gibbons v. Ogden (1824) All of the above None of the above 15

AMENDMENTS ADD TO FEDERAL GOVERNMENTS POWERS 14TH Amendment. (Due Process) 16th Amendment …….(Tax) 17th Amendment …….(Senators) 24th Amendment…….(No Poll Tax)

CIVIL WAR STARTS THE CHANGE Transcontinental Railroad Homestead Act Morrill Land Grant (land for colleges)

FDR EXPANDS POWER OF FEDERAL GOVERNMENT 1. New Deal (power to local cities from feds because FDR needs to get around state power groups) 2. Cooperative Federalism ($ changes everything…layer cake to marble cake)

The Supreme Court’s _________ attitude was reflected in the early years of the New Deal. fascist laissez-faire lazy progressive religious

The Supreme Court’s _________ attitude was reflected in the early years of the New Deal. fascist laissez-faire lazy progressive religious 21

LBJ AND THE GREAT SOCIETY 1964 Election Mandate War on Poverty Earmarks (federal aid goes where federal government thinks it would do most good) States losing power to the Federal Government Entitlement Spending

Ronald Reagan, George H.W. Bush, and George W. Bush New Federalism: Reduce Federal Government by increasing power of state governments. Devolution – transfer power from national To state government.

Identification Block Grant- An unrestricted sum of money granted by the federal government to a state or local government. This can be with or without guidelines. Advantage- Allows regional governments to experiment with different ways of spending money. Disadvantage- Regional governments can spend the allotted money without restriction, causing turmoil.

Examples and Results Examples- Child Welfare*, Food Stamps*, Head Start*, Medicaid*, Temporary Assistance for Needy Families(TANF), Social Services Block Grant(SSBG), Community Development Block Grant(CDBG), Safe Street Program, Partnership for Health Program. Results- Funding has gradually decreased, and “creeping categorization” reduces state flexibility with acquired money. Do block grants increase the power of the federal government to the states, or increase the states power to the federal government? *=currently proposed block grants.

Background Info/How it came to be Block grants have been in existence since 1966 because states were in need of funding for certain programs. The earliest block grants were Democratic, but the subsequent ones were Republican. The block grants of the 1970’s provided more money than the programs they replaced. Although this was true, block grants made up a minimal amount of federal funding to states. It was not until 1981, that several different grants were consolidated into block grants, making up 17% of the federal funding.

KEY TERMS TO KNOW Categorical Grants: $ from congress for a specific purpose Block Grants: $ from congress and states have wide discretion as to how to spend it Unfunded Mandate: national law passed and enforced but no money comes with it (think NCLB or Disability Laws) Preemption: federal government overrides state interest or action Sovereign Immunity: state cannot be sued unless it gives its permission

Categorical Grants Appropriated by Congress for specific purposes Highway funding, airport building, welfare, school lunches, etc. Usually require the state to “match” (put up money for) the federal grants although matching funds can vary widely

Categorical Grants Many categorical grants A few, including Medicaid, and Aid to Families with Dependent Children, account for almost 85% of total spending for categorical grants

Categorical Grants State & local officials complain that these grants are often too narrow and cannot be adapted easily to local needs

GRANTS-IN-AID Today, even though block grants still exist, Congress is always tempted to add “strings” that set requirements for how federal grants are to be spent As a result, block grants gradually become more categorical, a phenomenon known as “creeping categorization”

New Federalism: Returning Power to the States The Devolution Revolution (Ronald Reagan) Contract with America (Newt Gingrich) Unfunded Mandates National laws that require state compliance but contain no federal funding to help pay the cost Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Welfare Reform)

MANDATES Most apply to civil rights & environmental protection State programs may not discriminate against specific groups of people, no matter who pays for them

MANDATES Mandates have been criticized strongly by state & local governments From their point of view, it is easy enough for Congress to pass mandates when the states must pay the bills (“unfunded mandates”)

MANDATES Federal guidelines included requirements for public schools to build access ramps & elevators, provide special buses & personnel, & widen hallways—all with no federal money to help schools comply

MANDATES Federal control on the activities of state & local governments Rule that tells states what they must do in order to comply with federal guidelines

In 1996, TANF replaced the existing federal _________ program. gender equality labor education environmental welfare

In 1996, TANF replaced the existing federal _________ program. gender equality labor education environmental welfare 38

The Obama administration has allowed California to impose stricter limits on what? Fatty foods found at fast food restaurants Drug use Greenhouse gas emissions Gun ownership Access to abortion

Fatty foods found at fast food restaurants Drug use The Obama administration has allowed California to impose stricter limits on what? Fatty foods found at fast food restaurants Drug use Greenhouse gas emissions Gun ownership Access to abortion 40

Redistributive and Developmental Policies “Pork” problems The No Child Left Behind Act of 2001 Patient Protection and Affordable Care Act of 2010 (“Obama care”) Photo Caption. How does a president’s view of government affect public policy? Here, the cartoonist uses satire to illustrate contrasting views on the roles of the federal government. Although overstated, this comparison between Presidents Ronald Reagan and Barack Obama shows how their views of federalism are reflected in their policy agendas.