Origins and Structure of American Federalism

Slides:



Advertisements
Similar presentations
Federalism Chapter 4.
Advertisements

FEDERALISM A TUG OF WAR?.
BULLSEYE VOCABULARY UNIT 1. Federalism Good Luck on your Test!!!!!!!!!!
Federalism: The Division of Power
Chapter Four Federalism. Section One Did you know… Some states have no privately- owned liquor stores? Some states have no privately- owned liquor stores?
Federalism Continued/State and Local Politics. Recap Federalism Separation of Powers Checks and Balances Duties of three branches Threats to separation.
Federalism Magruder Chapter Four. Federalism and the Division of Power Section One.
National and State Powers
Federalism The relationship between the national and state governments.
FEDERALISM THE NATIONAL GOVERNMENT AND THE 50 STATES.
AP Government Review Unit 1 Constitutional Underpinnings.
Federalism.
Federalism NATIONAL STATE. : Federalism: A division of power between a central and local governments…
Copyright © 2011 Pearson Education, Inc. Publishing as Longman.
Federalism. Unitary Government Intergovernmental relations.
  A political system where the powers of government are divided between a national government and regional (state and local) governments  Every level.
Federalism & The Division of Powers. Why Federalism?  Shared resources  States know needs of people  Allows unity without uniformity  Protects.
Federalism Introduction. Decisions YOU make Decisions made WITH YOUR PARENTS Decisions made by PARENTS.
A protection of Liberty against Tyranny. RESERVED POWERS DELEGATED POWERS CONCURRENT POWERS Implied Powers Inherent Powers Powers delegated to the Federal.
Federal and State Relations Chapter 4.  The constitution grants 3 types of power to the national gov’t: expressed, implied, and inherent  These 3 powers.
Chapter 4: Federalism.
FEDERALISM Chapter 3. What is a federal system?  A system of government in which power is shared between the central government and state governments.
Origins of American Federalism Federalism: Constitutional division of power between the national gov’t and state gov’ts. Both get powers from Constitution.
Oct 2 – Gov – Intro to Federalism
Powers Divided... Federalism One of the Basic Principles of the Constitution Chapter 4.
Chapter 6 American Federalism. Federalism Constitutional divisions of power between the national government and states governments.
.  Forefathers wanted a limited gov’t:  They believed o Gov’t power poses a threat to individual liberty o Gov’t power must be restrained o The division.
Basics of federalism 2 sets of government for one people on one land2 sets of government for one people on one land Different levels make final decisionDifferent.
Federalism: The Division of Power. What is federalism? Powers are shared between a national government and a local government These powers come from the.
Ch. 3 - Federalism. Six Principles of the Constitution Popular Sovereignty – People have the power in the nation Limited Government – Govt only does that.
Federalism in the United States. Unitary vs Federal vs Confederate.
CHAPTER 4: FEDERALISM Section 1: Federalism: The Division of Power.
Dividing Government Power Chapter 4:1. Why Federalism? New nation struggled to function as confederation Without power to raise funds, national government.
FEDERALISM Magruder Chapter Four. FEDERALISM AND THE DIVISION OF POWER Section One.
Elements of the Constitution Federalism: Constitutional division of power between the national gov’t and state gov’ts. Both get powers from Constitution.
Essential Question How does federalism work in the United States?
AP Government: Federalism.
Federalism The Division of Power between Who has the power?
Magruder’s American Government
Chapter 4 Section 2 and Review
American Government Mr. Bordelon
Agenda- 9/5 Constitution Quiz
Chapter 4: Federalism Section 1
Agenda- 9/8 CE Topic: Federalism Lecture: Structure and Conflict
Chapter 4: Federalism.
Chapter 3 Review Power Point on Federalism
Unit 3: Federalism! Chapter 3.
American Democracy Now 2/e
Federalism & The Division of Powers
Federalism Definition:
Wilson Chapter 3 AP Government - Mr. Hatch
Structure of American Federalism
Chapter 3 Federalism.
Magruder’s American Government
Chapter 4: Federalism American Government.
Magruder’s American Government
Chapter 4: Federalism American Government.
Federalism.
Federalism & The Division of Powers
Federalism C H A P T E R 4.
Federalism & The Division of Powers
Chapter 4: Federalism Section 1
Chapter 3 in AMSCO Generally
What is the system of federalism
Ch. 3: Federalism 87,576 Governments Alternatives to Federalism:
Federalism & The Division of Powers
American Federalism.
Chapter 3 Vocabulary Review - Federalism (Part I)
Chapter 4: Federalism American Government.
C H A P T E R 4 Federalism.
Presentation transcript:

Origins and Structure of American Federalism 1

Federalism Defined Reasons for the Federal System in the U.S. 8 benefits: Other options Unitary System Confederate systems Reasons for federal system in U.S. Allows unity, but not uniformity – allows for differences among states More suitable for geographically large nation – allows for differences among states More suitable for heterogeneous people – allows for differences More likely to check tyranny (p.66-69) if tyranny occurred in a few states, fed. govt. could prevent its spread to others (e.g. Shays’ Rebellion) National govt. has only those powers granted to it – all others belong to states through Amendment 10 cost of checking tyranny is at times inefficiency, but Founders were more interested in checking tyranny than in having a strong and effective govt that could run roughshod over the people’s liberties Frees national govt. to concentrate on truly national matters Frees states from excessive intrusion on strictly state/local matters (but discuss problem of growth of federal mandates, and esp. unfunded mandates). Encourages experimentation – states as “laboratories” (e.g. legalized gambling in Nevada has spread to other states, CA legalization of medical marijuana has been adopted by a few other states) Keeps govt. closer to people. Multiple points of access for citizens Other Options Unitary system (where a central government rather than a constitution delegates power) was undesirable – too reminiscent of British rule. Fear of strong, distant govt. – seen today in France, UK, Japan Confederate system undesirable – too reminiscent of Articles 2

Historical Developments Duel Federalism Cooperative “marble cake” federalism Creative Federalism New Federalism Historical developments Dual federalism (p. 76) Prevalent through 1937 State govts and national govt each remained supreme within their own spheres Powers and policy assignments of the layers of govt. were distinct, as in a layer cake Suggested that the powers of the national govt. should be interpreted narrowly Examples: McCulloch v. Maryland, Dred Scott v. Sanford, Plessey v. Ferguson Cooperative (“marble cake”) federalism (p. 77) Prevalent since 1937 Mingling of responsibilities between the state and national govt. Sharing of powers and policy assignments, as in a marble cake Suggests that powers of the national govt. should be interpreted broadly Examples: New Deal (1930s) and Great Society (1960s) and nationalization of public policy Creative federalism Also known as "picket fence federalism," predominated during the period of 1960 to 1980. This relationship was characterized by overloaded cooperation and crosscutting regulations. New Federalism (p. 78) Shifting of some authority from national govt. back to the states Associated with Nixon, Reagan, and esp. associated with the 104th and 105th Republican Congress: “Devolution Revolution” Example: use of block grants in welfare reform bill of 1996 3

Types of Powers National Powers State Powers Concurrent Powers Categories of delegated powers State Powers Concurrent Powers National Supremacy (Article V) Obligations of National Government to states National powers. National govt has 3 categories of powers that are delegated to it. Here are the categories of delegated powers: Expressed (enumerated): actually stated in the Const. (p. 72) Implied: not stated explicitly, but suggested implicitly. Importance of elastic clause. Inherent: not stated explicitly, but held by the national govt by virtue of its being a national govt. Any govt is entitled to certain foreign policy powers such as diplomatic recognition, acquiring territory, or defending itself Examples (p. 73-74) State powers: reserved (p. 74) Amendment 10 states that any powers not granted to the national govt. are reserved for the states Examples: establishing voting requirements, running elections, licensing professionals, protecting community health, establishing a vehicle code. Concurrent powers Granted to Congress, but not denied by Const. or courts to the states  held by both national and state govts Examples: taxing, borrowing, establishing court system, establishing law enforcement agencies Questions of fed./state authority are decided by courts National supremacy (Article VI): national govt. supreme in case of conflict (p. 70) Obligations of national govt. to the states Guarantee each state a republican form of govt. Protect each state against invasion or domestic violence Grant new states the same rights as other states

State Government Obligations Full faith & credit clause Privileges & Immunities clause Extradition Interstate Compacts Obligations of state govts Full faith and credit clause: each state must honor the public acts, records and legal proceedings of other states, e.g., birth certificates, marriages, debts (p.74-76) Massachusetts Supreme Court legalized gay marriage in 2004. If a gay couple is married in MA, this clause suggests that other states must recognize the marriage However, in the 1990s Congress passed the Defense of Marriage Act, which allowed each state to define marriage, and in effect not recognize gay marriage if the state defined marriage as the union of a man and a woman what will happen now that CA has legalized gay marriage? Privileges and immunities clause: each state must grant citizens of other states the same rights and privileges that they grant to their own citizens, i.e., states cannot unreasonably discriminate against citizens of other states Extradition: Governors must return suspects to the states in which they allegedly committed their crimes Interstate compacts require consent of Congress