FEDERALISM

Which represents the US?

Federalism  The division of power between the National and State levels of government NATIONAL GOVERNMENT STATE GOVERNMENT STATE CHARTERS

Break-down of US Governments

Alternatives to Federalism  Unitary- centralized powers (Britain, Japan, Italy, and France)  Confederate- alliance of sovereign nations  Autocracy- dictatorship  Oligarchy- rule by small group  Constitutional Monarchy

In a Federal System:  there are at least two levels of government that can make decisions independent of each other  the levels of government have a protected right to exist  United States, Canada, Australia, India, Germany, and Switzerland

In a Federal System:  The sub national (state) governments exist partly by Constitution by habits, preferences, and dispositions of citizens Actual distribution of political power in society

Federalism  The single most cause of distention between states and national government  Which government has the right to impose rule on the states or if the states should decide Cannabis legalization Same-sex marriage education

Watch this video on same sex marriage  What is the purpose of the Full Faith and Credit Clause of the US Constitution?  Is marriage a state or federal prerogative?  What are the legal advantages of marriage? 4/issues-in-federalism

Watch this video on Hurricane Katrina  How does an event become classified as a natural disaster?  Who should decide if an event is national or local?  What might be the dangers of endorsing national override of state leadership? 4/issues-in-federalism

Federal Systems Advantages Disadvantages  Permits diversity and diffusion of power  Local governments can handle local problems better  More access points for political participation  Protects individual rights against concentrated government power  Fosters experimentation and innovation  Suits a large country with a diverse population Makes national unity difficult to achieve and maintain State governments may resist national policies May permit economic inequality and racial discrimination Law enforcement and justice are uneven Smaller units may lack expertise and money May promote local dominance by special interests

State Run Programs  Federal funds and regulations with state implementation occurs in these areas: Welfare programs Interstate highway system Urban renewal programs Employment and unemployment agencies Water and air programs National guard

Quick Assessment 1) The advantages of federalism are that it A) creates a unified governmental system B) encourages experimentation C) checks the growth of tyranny D) All of the above

2) In a unitary system of government, a constitution places all governmental power A) with all of the systems of government B) with the central government C) with the localities D) with the state government

Federalism: good or bad?  Laski: Federalism impedes progress of the nation for sectionalism  Riker: Federalism perpetuates racism  Elazar: Federalism allows for growth and change and gives flexibility to the system  Book: federalism allows individuals to take part and have ownership

The Founders  A Federal republic with both national and state having separate and independent powers.  Both equal in power  Never before done- no clear plan  10 th amendment gives power to the states but is not clear  Constitution article 1 section 10 only states what the states cannot do.

The Elastic Clause  Interstate commerce was a provision of the national government.  Defining what was interstate and intrastate commerce was not possible  The elastic clause- that Congress could make all laws necessary and proper to carry out their given duties is known as the necessary and proper clause.

Distribution of Power (SHARED POWERS) Set time, place, and manner of elections Ratify amendments to the U.S. Constitution Take measures for public health, safety, and morals Exert powers the Constitution does not delegate to the national government or prohibit the states from using Establish local governments Regulate commerce within a state

Some Concurrent Powers Shared by the National and State Governments Constitutional Division of Power Concurrent Powers Power to Tax Power To Make and Enforce Laws Power To Establish Courts Power To Police (Limited) National Government State Government

The power to regulate interstate commerce allowed Congress to forbid discrimination like this in places of public accommodation in the 1964 Civil Rights Act.

Powers Denied to the States  Making treaties with foreign governments  Keeping troops or ships in time of peace  Authorizing private persons to prey on the shipping and commerce of other nations  Coining money, issuing bills of credit, or making anything but gold and silver coin legal tender in payment of debts  Taxing imports or exports  Taxing foreign ships  Engaging in war

Quick Assessment 1) Congress’s ability to control the production, purchase, sale, rent, or transport of goods, services, and properties stems from A) the power to spend B) the power to tax C) the war power D) the power to regulate interstate commerce

2) The power of congress to tax and spend money is an example of A) an implied power B) an express power C) an inherent power D) All of the above

3) The four constitutional pillars include 1) the supremacy clause, 2) the war power, 3) the interstate commerce clause, and 4) the power to A) grant titles of nobility B) pass bills of attainder C) tax and spend for the general welfare D) suspend the writ of habeas corpus

4) State governments have historically been strong guardians against A) segregation B) discrimination C) slavery D) none of the above

5) State governments are A) stronger than ever B) continuing to lose power C) weaker than ever D) irrelevant Police Power: In the U.S., most police power is reserved to the states.

6) State regulation of their economies have led some business interests to call for A) state compacts B) decreased federal control C) increased federal regulation D) none of the above

DUEL FEDERALISM  National government supreme in it’s area  States supreme in their areas  The two should not mix.  Supreme Court could not decide on commerce question

The Role of the Federal Courts: Umpires of Federalism McCulloch v. Maryland (1819) Gibbons v. Ogden (1824) Federal Courts and the Role of States The Great Debate: Centralists vs. Decentralists The Decentralist Position - favor state or local action rather than national action. The Centralist Position - favor national action over action at the state and local levels.

Defining Constitutional Powers The Supreme Court and the Role of Congress McCulloch v. Maryland © Bettmann /Corbis Chief Justice John Marshall: “Let the end be legitimate.” Affirmed that the power of Congress is not strictly limited to the expressed powers. Marshall held that Congress has implied powers to carry out the expressed powers. This case set the precedent for the national government to regulate a wide range of economic activities.

Interstate Relations  Article IV of the Constitution attempts to resolve potential problems between states by stipulating the following:  Full faith and credit  Privileges and immunities  Extradition  Interstate compacts

Gay couples renew their vows to each other in this ceremony in San Francisco's Metropolitan Community church. States must give full faith and credit to each other’s public acts, records, and judicial proceedings; extend to each other’s citizens the privileges and immunities it gives its own; and return fugitives from justice.

State Sovereignty Assignment  With a group you will research and create a time-line on a famous Federalism Supreme Court Case  You must include 8 events related to the progress of the case  You also will write a magazine article- with at least two photos- highlighting the case in terms the average American would understand

State Sovereignty  U.S. V. Lopez- Congress went to far in banning guns in school zones  U.S. v. Morrison- the 1994 Violence against women Act is unconstitutional.-local issue  Printz v. U.S.- Federal government cannot require the states to carry out their regulatory program

State Sovereignty  Alden v. Maine- state employees cannot sue to require states to follow federal fair-labor laws  Fed. Maritime Commission v. S. C. Port Authority- expanded state immunity to lawsuits

State Sovereignty  Initiative- voters demand through petition for an issue to be placed on the ballot and voted on by the general public.  Referendum- the legislature places the issue before the public for them to decide  Recall- voters remove an elected official by asking for a new election

Federal-state relations  Grant-in-aid- $ or resources given to states and local govts to carry out necessary programs- long history but really picked up during the New Deal Land grants (part of the Northwest Ordinance)  For colleges and state universities  Canals and roads  Flood control projects Cash grants-  Federal money for state-run programs  Education grants, local law enforcement, mental health programs…. All give the Feds a say in state issues

Categorical grants  Revenue sharing- both fed and state put up percentages of the cost of a project $83 billion Used for anything (no discrimination allowed)  Federal aid for a specific purpose -School lunch programs Only for specific purpose Make its own contribution (matching) Provide an agency to administer the $ Obey guidelines

Block and Project Grants  Block Grants: several categorical grant programs in one grant with fewer restrictions More state power and control  Fewer strings attached More broad  Social services, health care, welfare  Project Grants- to states, local governments or agencies Dept of Health and Human Services- cancer research, diabetes, job training

Types of Federal Grants In 1996 there was a shift from categorical (specific) grants to block grants 2 types of categorical grants : Formula grants Project grants Block grants Far more flexible Purposes of Federal Grants to State and Local Governments 2007 in billions $95 $216.5 $57.9 $51.5

Local Governments  State of Georgia has had 10 Constitutions- current is from 1983 Executive Legislative Judicial Branches