FEDERALISM

Federalism Federalism – a political system where power is shared between state and federal governments.

Federalism Federalism – a political system where power is shared between state and federal governments. Other examples: Canada, Australia, India, Germany, and Switzerland.

Federalism Federalism – a political system where power is shared between state and federal governments. Other examples: Canada, Australia, India, Germany, and Switzerland.

Federalism Federalism – a political system where power is shared between state and federal governments. Other examples: Canada, Australia, India, Germany, and Switzerland. Unitary system – the national government has the final authority over all government activities.

Federalism Federalism has endured in the U.S. because:

Federalism Federalism has endured in the U.S. because: 1. of the commitment to local government.

Federalism Federalism has endured in the U.S. because: 1. the commitment to local government. 2. Congress consist of people elected by local voters.

Federalism Federalism has endured in the U.S. because: 1. the commitment to local government. 2. Congress consist of people elected by local voters. 3. the national government exercises its powers through state governments.

Federalism Federalism has endured in the U.S. because: 4. the national governments gets states to comply through regulations, grants, and other forms of pressure.

Federalism Positives of federalism

Federalism Positives of federalism 1. a beneficial separation of power between state and national governments.

Federalism Positives of federalism 1. a beneficial division of power between state and national governments. 2. it allows for political flexibility and assures individual rights.

Federalism Positives of federalism 3. local control can correct problems before they become national concerns. Laboratories!!!!

Federalism Positives of federalism 3. local control can correct problems before they become national concerns. 4. it promotes political participation and activity.

Federalism Negatives of federalism

Federalism Negatives of federalism 1. state governments have blocked important national actions.

Federalism Negatives of federalism 1. state governments have blocked important national actions. 2. it can prevent progress and protect local interests.

Federalism Negatives of federalism 1. state governments have blocked important national actions. 2. it can prevent progress and protect local interests. 3. historically it has allowed slavery to continue, segregation, and racism.

Federalism Federalism’s history

Federalism Federalism’s history Goal: Dividing power between state and national governments in order to hinder runaway power and assure personal liberty.

Federalism Federalism’s history Since the federal system was a new idea in the 18th century, delegates to the Constitutional Convention had problems defining it.

Federalism Federalism’s history Since the federal system was a new idea in the 18th century, delegates to the Constitutional Convention had problems defining it. They assumed that the federal government would only have those powers given to it.

Federalism Federalism’s history As a result, the Constitution does not spell out state powers.

Federalism Federalism’s history As a result, the Constitution does not spell out state powers. To correct the problem, the Tenth Amendment was added to the Bill of Rights. 10!!!

Federalism Tenth Amendment “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Federalism Based on the Tenth Amendment, early Supreme Court rulings tried to give more power to the states but those rulings were later overturned.

Federalism Interpretations of the Constitution

Federalism Interpretations of the Constitution 1. While some things are stated very clearly (Article I, Section 10), others are much more vague (Elastic Clause).

Federalism Interpretations of the Constitution 1. While some things are stated very clearly (Article I, Section 10), others are much more vague (Elastic Clause). 2. Hamilton viewed the national government as superior in political affairs with broad liberal powers. Lose Construction!!!!

Federalism Interpretations of the Constitution 3. Jefferson felt that the powers of the national government should be as limited as possible. Strict Construction!!

Federalism The evolution of federalism can be traced through several court cases and historical periods.

Federalism McCulloch v. Maryland (1819)

Federalism McCulloch v. Maryland (1819) Supreme Court ruled that the federal government had the right to charter a bank and that a state did not have the power to levy a tax on the federal government. Necessary and Proper Clause!! Supremacy Clause!

Federalism Gibbons v. Ogden (1824)

Federalism Gibbons v. Ogden (1824) The Supreme Court ruled that commerce included almost any form of commercial activity. Commerce Clause!

Federalism Doctrine of Nullification

Federalism Doctrine of Nullification The belief that states had the right to declare a federal law null and void if the state felt that law was unconstitutional.

Federalism Doctrine of Nullification The Civil War settled the issue of nullification, establishing that states cannot declare acts of Congress unconstitutional.

Federalism United States v. Lopez (1995)

Federalism United States v. Lopez (1995) The S.C. ruled that Congress had exceeded its commerce clause power by prohibiting guns in school zones.

Federalism United States v. Lopez (1995) The S.C. ruled that Congress had exceeded its commerce clause power by prohibiting guns in school zones. (Overturned Gun Free School Zone Act 1990). Said nothing to do with commerce Printz v. United States (1997) Struck down provisions of Brady Bill (1993) that required police conduct background checks for prospective hand gun purchases. This reversal of power is known as “devolution”.

Federalism Funding for states and local governments

Federalism Funding for states and local governments Grants-in-aid, or funds designated by Congress for distribution to state and local governments, are the main ways the national government uses to both help and influence the state and local governments.

Federalism Forms of Grants-in-aid

Federalism Forms of Grants-in-aid 1. Categorical grants:

Federalism Forms of Grants-in-aid 1. Categorical grants: Grants for specific purposes defined by federal law. They often require matching funds and come with “strings” attached.

Federalism Forms of Grants-in-aid 2. Block grants:

Federalism Forms of Grants-in-aid 2. Block grants: Began in the 1960s, they are given to states and local governments with few strings and can be used broadly to support various community projects.

Federalism Forms of Grants-in-aid 3. Revenue Sharing: (New Federalism)

Federalism Forms of Grants-in-aid 3. Revenue Sharing: Federal aid with no requirement of matching funds and the freedom to spend the money on almost any government project.

Federalism Forms of Grants-in-aid 3. Revenue Sharing: It can only occur when there is a budget surplus.

Federalism Mandates

Federalism Mandates When the federal government imposes its will on the states outside the context of grants, these requirements are called mandates. American With Disabilities Act No Child Left Behind Clean Air Act Endangered Species Act

Federalism Mandates Most mandates concern civil rights and environmental protection.

Federalism Mandates Examples would include federal standards for clean air, pure drinking water, and sewage treatment.

Federalism Mandates Medicaid is a good example of the problems that mandates can create for state governments.

Federalism Mandates While Medicaid is funded by the federal government, in 1984 the states were required to provide coverage for children, pregnant women, and the elderly poor.

Federalism Mandates By 1989, most states could not keep up with the expanded coverage governors called for a two-year moratorium on the mandated expansions.

Federalism Mandates At times, the federal government creates expenses for the states but does not provide funds to meet or help with these expenses.

Federalism Mandates These are known as unfunded mandates

Federalism Mandates In 1990, Congress passed the Americans with Disabilities Act. It required access for disabled persons to government facilities but no money was allocated to meet these requirements. * This is an example of an Unfunded mandate

Federalism Mandates The Clean Air Act of 1970 required states to meet federal standards for air pollution but states are forced to pay for the administration of the act.

Federalism Models of Federalism Cooperative Federalism (Marble Cake) Dual Federalism (Layer Cake) *Strict role definition for state and Federal governments with no real interaction between them. Cooperative Federalism (Marble Cake) * Integration of State and Federal roles. For example Federal government provides the rules and funding for a service that is carried out by the state (Grants in aid)

AP TIP Because conditions of aid and mandates are primary ways that the federal government pressures states to do what it wants, they are a significant aspect of federalism and are likely to appear on the AP exam.

Federalism