Federalism

Forms of Government (Organizing a nation) Where is the power located? Unitary system Confederation Federal system

1. What does UNITARY mean? Political system where power is located with one central government organization The central government “passes out” power or duties to local governments

2. What is a CONFEDERATION? Political system where power resides with the state or local governments Has a weak or very limited national government 3. How does the national gov get powers? The states grant power to it (states are supreme) 4. Why is NULLIFICATION a potential problem? States could do whatever they want; No consistency in laws, rules, trade, taxes, currency

Defining Federalism What is Federalism? A system of government where national and state levels both have powers and authority over the people 5. How is federalism a compromise? National government has powers. States have powers. Both can make laws within the limits of their assigned duties. 6. Compare unitary and confederal (chart)

7. Most governments today are federal? FALSE! Most are unitary in some way Keep in mind that unitary can be democratic, dictatorship, monarchy, oligarchy, etc.

Defining Federalism

8. Reasons for federalism in the US? to avoid tyranny (rule by only 1 person or group) to allow more participation in politics to use the states as "laboratories" for new ideas and programs. Try something new in Missouri. If it works here, maybe it would work in other states or across the nation?

9. How does federalism increase participation in politics? More opportunities to vote More chances to run for office (get elected) Policy decisions are more “local” States can solve the same problem in different ways. Example: Some states have an income tax to fund programs, education, etc.. Others do not (they have higher sales taxes, instead?).

The Constitutional Basis of Federalism The Hierarchy of Authority/Power Supremacy Clause of the US Constitution The U.S. Constitution Laws of Congress Treaties State Constitutions State Laws Local city or county ordinances (laws)

Delegated Powers Also called ENUMERATED (listed) powers Powers listed in the Constitution in writing Generally granted only to the federal government Declare war, print money, raise an army, issue patents or copyrights, etc. Some powers may be CONCURRENT (shared) with the states (power to tax)

Implied Powers Come from the “elastic” clause in the Constitution Congress can make laws or do things that are not listed in the Constitution Can be broadly interpreted ... And has given Congress a lot of power in recent decades

Inherent Powers Powers not listed, but are “obviously” needed to carry out the duties of government Example: President can issue executive orders to carry out laws; Congress can regulate immigration

Reserved Powers Come from the 10th Amendment Anything not delegated (assigned) to the national government automatically becomes a matter for state law BUT … the national government has become involved in state issues over time (education, health care, marriage, etc.)

The Constitutional Basis of Federalism States’ Obligations to Each Other Full Faith and Credit Must honor documents, contracts, etc. of other states Extradition Sending criminals back to where crime was committed for trial Privileges and Immunities States cannot discriminate against citizens of other states

Who Has the Power?!?

History of Federalism 1. What basic principle did McCulloch v. Maryland establish? Supremacy of the federal government over the states 2. Two main questions asked … Was the Bank of the US constitutional? Yes Could it be taxed by the state(s)? No. The states cannot tax a federal organization

History of Federalism 3. What did John C. Calhoun believe about federalism? That states could nullify a federal law if they found it harmful 4. How did the Civil War establish national supremacy? States could not secede from the union … Once you are in, you stay.

History of Federalism 5. What was the purpose of “alphabet agencies” during the New Deal/Great Depression era? To relieve poverty and economic distress of farmers, homeowners, businesses, laborers, and banks 6. What was the impact of these agencies on federal power? Significantly increased federal powers!!

History of Federalism 7. How did New Frontier and Great Society programs affect the power of the federal government? Increased authority, more taxes, support from the public to fight poverty and racism

Federalism – More recently 8. Nixon, Reagan, Bush (Sr.) – attitude? Wanted to slow the growth of the federal government Return power back to the states 9. What was dual federalism? Federal and state kept their own powers and duties mostly separate from each other Began to change during the Great Depression

Federalism - Today 10. How does the federal government use grants to maintain supremacy? Giving money to the states for programs or projects But … requiring states to follow federal rules or guidelines to continue funding

Federalism - Today 11. How did Reagan attempt to use block grants? Giving sums of money to the states, but allowing them to use it without too many rules or “strings” attached Unfunded mandates – federal gov requires states to carry out policy or programs, but does not provide enough funding to do so

How many grants?? https://www.cfda.gov/

Understanding Federalism Advantages for Democracy Increasing access to government Local problems can be solved locally Hard for political parties / interest groups to dominate ALL politics Disadvantages for Democracy States have different levels of service Local interest can counteract national interests Too many levels of government - too much money

Understanding Federalism State Welfare Benefits (Figure 3.3)

Understanding Federalism Spending on Public Education (Figure 3.4)

Understanding Federalism

Understanding Federalism Federalism and the Scope of Government Which level of government is best able to solve the problem? Which level of government is best able to fund solutions to the problem?