LEQ: What is Federalism? How is it relevant today?

The Madisonian System Thwarting Tyranny of the Majority LO 2.5 The Madisonian System Thwarting Tyranny of the Majority Limiting Majority Control – To keep most of the government beyond the control of the masses. Separating Powers – Branches are relatively independent of the others so no single branch could control the others. Lecture Outline Thwarting Tyranny of the Majority James Madison and his colleagues feared both majority and minority factions. Limiting Majority Control To prevent tyranny by the majority, Madison believed that it was essential to keep most of the government beyond the control of the masses. Under Madison’s plan that was incorporated in the Constitution, voters’ electoral influence was limited and mostly indirect. Only the House of Representatives was directly elected; senators and presidents were indirectly elected, and judges were nominated by the president (modified by the Seventeenth Amendment, which provides for direct popular election of senators). Separating Powers The Madisonian scheme provided for a system of separation of powers in which each of the three branches of government would be relatively independent of the others so that no single branch could control the others. Power was not separated absolutely, but was shared among the three institutions. To Learning Objectives

LO 2.5 To Learning Objectives Figure 2.3 The Constitution and the Electoral Process: The Original Plan To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

The Madisonian System Thwarting Tyranny of the Majority (cont.) LO 2.5 The Madisonian System Thwarting Tyranny of the Majority (cont.) Creating Checks and Balances – Each branch needs the consent of the others for many actions. Establishing a Federal System – Federalism divides power between national and state governments. Lecture Outline Creating Checks and Balances Since power was not completely separate, each branch required the consent of the others for many of its actions— thereby creating a system of checks and balances that reflected Madison’s goal of setting power against power to constrain government actions. The president checks Congress by holding the veto power. Congress holds the “purse strings” of government, and the Senate has the power to approve presidential appointments. Judicial review (the power of courts to hold executive and congressional policies unconstitutional) was not explicit in the Constitution, but was asserted by the Supreme Court under John Marshall in Marbury v. Madison (1803). Establishing a Federal System Since the framers thought much government activity would take place in the states, federalism was considered an additional check on the power of the national government. To Learning Objectives

LO 2.5 To Learning Objectives Figure 2.4 Separation of Powers and Checks and Balances in the Constitution To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Governmental Structure Federalism: A way of organizing a nation so that two or more levels of government have formal authority

F E D E R A L I S M a way of organizing a nation so that all power resides in the central government Example: Great Britain a “loose” friendship with limited central gov’t… *Think: Articles of Confederation or the UN!

The Constitutional Basis of Federalism The Division of Power Supremacy Clause, Article VI of the Constitution states the following are supreme: The U.S. Constitution Laws of Congress Treaties Yet, national government cannot usurp state powers. Tenth Amendment

Dual Federalism (Layer Cake) Definition: A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies Like a layer cake Narrowly interpreted powers of federal government

Cooperative Federalism (Marble Cake) Definition: a system of government in which powers and policy assignments are shared between states and the national government Like a marble cake Shared costs and administration States follow federal guidelines

What do you think? Should controversal decisons be left to the a states or federal government? Assisted suicide marijuana Gay marriage

What do you think? Some of the hottest issues in American politics are, at their core, disputes over federalism. Gay marriage Medical marijuana assisted suicide In general, the federal government has power over economic issues, the military and defense. In general, state governments have power over social, moral, and family issues.

Fiscal Federalism Definition: The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments

Understanding Federalism

Grants-In-Aid are federal funds provided to states and localities Grants-In-Aid are federal funds provided to states and localities. These funds usually subsidize a public project or program. Began during the New Deal. Example- Congress requiring states to raise the drinking age to 21 from 18 to qualify for federal funds for highways. Categorical grants are for specific purposes defined by federal law; they often require local matching funds. Examples- Head Start, Food Stamp Program, Medicaid

Grants and Revenue Sharing Block grants- were grants devoted to general purposes with few restrictions—states preferred Examples- community development, assistance for needy families, social services, and recently for homeland security at state and local levels. Revenue sharing- Congress part of the federal tax revenues to states, cities, and counties to fund local projects and services. Fund any program Eventually replaced by block grants

Federal Aid and Federal Control Mandates: federal rules that states or localities must obey Example- No Child Left Behind Act, American With Disabilities Act, Clear Air Act.

Cross-Cutting Requirements Purpose: Promote social and economic goals and to ensure uniformity throughout the states. Cross-cutting requirements mean that if states fail to comply with federal mandates, they can run the risk of losing the federal funds.

Federal Preemption “Supremacy Clause” - Invalidation of state laws when it conflicts with federal law. Decided by Supreme Court and other federal courts Federal Government given jurisdiction to make laws “necessary and proper” Continued/ongoing battle. Examples- alcohol and gun laws.

Understanding Federalism

Understanding Federalism

Summary American federalism is a governmental system in which power is shared between a central government and state governments. The United States has moved from dual to cooperative federalism Federalism leads to both advantages and disadvantages to democracy.