FEDERALISM

FEDERALISM The balance of power between the state governments and the Federal government

What do you think?? 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. 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? 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?? Do you believe the drinking age of 21 is fair? Is this a State law or a Federal law? 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 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, Implied, Inherent, Enumerated Powers of National Government Powers of States Concurrent Powers * Expressed, Implied, Inherent, Enumerated * Reserved

The Division of Powers NATIONAL CONCURRENT STATE 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 Est. local governments Est. public schools Pass license requirements for professionals Regulate commerce w/in state Conduct elections Ratify amendments to Federal Constitution Take measure for public health, safety, morals Exert powers the Constitution does not delegate to the Nat’l Gov or prohibit the states from using

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 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

Destroyed 5,363 homes in Lower 9th Ward alone. August 29, 2005 Killed 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 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???? -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

US Territories Can you name them? - American Samoa- 1900 - Guam- 1899 - Puerto Rico- 1899 - U.S. Virgin Islands- 1917 -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

“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 - Almost immidiately after being admitted, Arizona amended the State Constitution for the recall of judges.

Cooperative Federalism Funds granted to states by the Federal Government Services that states perform for Federal Government

Federal 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/education Roads/canals/mass transit/highway construction Flood control work Health care On-the-job training Accounts for 25% of annual State/local Government spending

Types of Federal Grants Categorical- specific purpose Block- broadly defined purpose Project- job training, research, health & science Categorical: school lunches, construction of an airport, wastewater treatment plants --> strings attached- can only use money for specific purpose, make its own monetary contribution, provide agency to administer the grant, obey guidelines of the grant (where the money goes) Block: social services, welfare, health care --> State/local governments have more freedom to choose where the money goes/how the grant is spent