Federalism.

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Presentation transcript:

Federalism

I. Federalism Defined A. Federalism – division of powers between state and national government B. State governments Govern each of the 50 states Ex: Montgomery is the seat of government for Alabama C. National government Created by the Constitution ratified by the states Washington DC is the seat of national government AKA the Federal Government

II. Delegated Powers powers that belong to the national government (given up by the states when they ratified the Constitution) Expressed (enumerated) Specifically listed (numbered) in the Constitution (Article I) Examples: create an army, coin money, regulate interstate commerce, declare war

II. Delegated Powers Implied Powers used to carry out the enumerated powers implied by the elastic or “necessary and proper” clause Allows Congress to “stretch” its powers Examples: create an air force, create the IRS Inherent Powers that the government has simply because it’s a government Examples: immigration, recognition of foreign governments, preventing rebellion Could be tied to expressed powers, but perhaps not necessary

III. Reserved Powers Powers belonging to (reserved for) the states Protected by the 10th Amendment Examples: creating school systems, creating local governments, conducting elections

IV. Concurrent Powers Powers shared by states and federal governments Examples Taxes Spending/borrowing Criminal law/enforcement Create a court system

V. Denied Powers Federal State Taxing exports Suspension of habeas corpus Ex post facto law Favoring of states State Foreign relations Regulate interstate or foreign commerce Declaring war Violate federal law (Supremacy clause) Interstate compacts without Congressional approval

IV. The Responsibilities of Federalism Federal to States Republican government Territorial integrity Protection Treat each equally (including new states) Admit new states No territory taken from another state without permission People petition for statehood Congress passes an enabling act allowing them to write a state constitution Congress approves the Constitution and grants admission Both acts are subject to presidential veto Conditions can be placed on admission but cannot be enforced after statehood is achieved

IV. The Responsibilities of Federalism States to Federal Conduct elections Ratify amendments Abide by the Constitution (Supremacy Clause) States to each other Full faith and credit – honor each others laws and decisions (ex: drivers license) Privileges and immunities – treat non-residents the same as residents Extradition – return fugitives Compacts – must be approved by Congress Lawsuits – heard in Federal Court

VII. Views of Federalism States’ Rights – _______________________________ Closer to the ________________________ _______________________– Federal government can only do what is specifically listed in the Constitution US government created by the ______________ Nationalist – Federal government should ___________ its power as necessary to reflect the will of the ________________ The federal government is better equipped to deal with major issues facing the country ___________________should be used to expand powers Federal government was not created by the states, but represents the people of the US as a whole

VIII. The Growth of Federal Power Over time the ________________ position has grown Major causes: Civil War (14th Amendment), Progressive Era, Great Depression War – expanded beyond just creating/maintaining military __________________________ Economic policy Interstate commerce – expanded to any economic activity __________________________* *The broad application of this provision was struck down in 2012

VIII. The Growth of Federal Power Taxing – expanded through the ___________________________________ Regulate businesses – taxing unwanted behavior Influence state law through ____________________ Grants ________________________ – money given by Federal government to state governments Federal government controls state policy by making grants _______________________ (ex: seat belts, No Child Left Behind) Unfunded mandates – federal laws requiring action, but with no money attached to carry them out (ADA)

IX. The Effects of Federalism Why have different levels of government? Policy New ideas can begin at _____________________ Allows states and local governments to be “guinea pigs” Allows states and communities to have laws that ________________________________________ Political Parties - more offices for both parties to win (each can control something somewhere) Political Participation – more offices means greater chance of winning an election