CHAPTER 3 FEDERALISM

SCHOOL: IT’S ABOUT MORE THAN GETTING A GRADE

Federalism Chapter 3 Edwards, Wattenberg, and Lineberry Government in America: People, Politics, and Policy Fourteenth Edition

Defining Federalism –Federalism?? a way of organizing a nation so that there are two or more levels of government. –Intergovernmental Relations ?? the interactions among national, state & local governments

Defining Federalism

CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS FROM THE STATE CH 4 Mag

CONCURRENT POWERS BOTH STATE & NATIONAL DENIED POWERS NEITHER STATE OR NATIONAL CH 4 Mag USASTATE

WHY FEDERALISM? AFRAID OF A UNITARY GOV’T THE CONFEDERATION DIDN’T WORK STATES WANTED POWER & STABILITY TO GAIN SUPPORT FOR RATIFICATION

Defining Federalism Federalism is Important –Decentralizes our politics Increases opportunities –Decentralizes our policies Increases options INCREASES POLITICAL INVOLVEMENT MORE ACCESS POINTS OF POWER

AMERICAN FEDERALISM WAS BRAND NEW VERY VAGUE LANGUAGE ARTICLE I, SEC. 8 (NECESSARY & PROPER CLAUSE)

The Constitutional Basis of Federalism The Division of Power Supremacy Clause: Article VI The U.S. Constitution Laws of Congress Treaties signed by the U.S.

Article VI, Section 2 This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Constitutional Basis of Federalism The Division of Power Tenth Amendment Yet, national government cannot usurp state powers.

SUPERMACY CLAUSE AND THE 10 TH AMENDMENT APPEAR TO BE IN CONFLICT

The Constitutional Basis of Federalism Establishing National Supremacy –Implied and enumerated powers McCulloch v. Maryland (1819)

Necessary and Proper Clause The Congress shall have Power... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Article I, Section 8, Clause 18

N & P Clause applied to many areas Commerce Powers –Gibbons v. Ogden (1824) The Civil War ( ) Racial Equality –Brown v. B of Ed (1954) National Health Care –National Federation of Independent Business v. Sebelius (2012)

INTERSTATE RELATIONS States’ Obligations to Each Other Full Faith and Credit ?? Each state must recognize official documents and judgments rendered by other states. (Article IV, Section I of Constitution)

INTERSTATE RELATIONS States’ Obligations to Each Other Privileges and Immunities?? Citizens of each state have the privileges of citizens of other states. (Article IV, Section 2 of Constitution)

INTERSTATE RELATIONS States’ Obligations to Each Other Extradition?? States must return a person charged with a crime in another state to that state for punishment.

DEPENDS UPON COOPERATION FROM THE STATES CH 4 SUM DEPENDS UPON COOPERATION BETWEEN THE STATES

AP CHAPTER 3 FEDERALISM extra stuff FEDERALISM = GOOD ELAZAR STRENGTH & FLEXIBILITY FEDERALISM = BAD LASKI & RIKER BLOCKS PROGRESS HELPS POWERFUL LOCALS

Understanding Federalism Advantages for Democracy –Increases access to government –Local problems can be solved locally –Hard for political parties or interest groups to dominate all politics Disadvantages for Democracy –States have different levels of service –Local interest can counteract national interests –Too many levels of government and too much money

“Pop” Essay 50 WORDS OR LESS IN 5 MINUTES ! HOW IS A PAPERCLIP LIKE FEDERALISM ???

Intergovernmental Relations Today Dual Federalism ?? 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

Dual Federalism like a LAYED CAKE

FDR Ended dual federalism “THE NEW DEAL” GREAT DEPRESSION WORLD WAR II

Cooperative Federalism ?? 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 Intergovernmental Relations Today

Cooperative Federalism more like a MARBLE CAKE

LBJ promoted fiscal federalism “THE GREAT SOCIETY” ANTI-POVERTY CIVIL RIGHTS VIETNAM WAR

Fiscal Federalism?? Definition: the pattern of spending, taxing, and providing grants in the federal system Money = The cornerstone of the national government’s relations with state and local governments Intergovernmental Relations Today

HOW THE FED. GOV’T GET MONEY

Intergovernmental Relations Today

FEDERAL GRANTS TO STATES

RONALD REAGAN “In this present crisis, government is not the solution to our problem; government is the problem.” -1980

DEVOLUTION ?? ( Deregulation & Decentralization) Power taken from federal government and given to state & local governments NEW FEDERALISM

Barack Obama FINANCIAL INST. –Regulations –Investment Auto Industry –Stock Purchases –Oversight Duties Health Care –Mandates

Categorical Grants?? Specific purposes; grants with strings attached Block Grants?? Federal grants given to support broad programs Distributing Federal $ to state and local governments

Federalism and the Scope of Government Federal Gov’t power has increased industrialization world wars economic crises civil rights movement environmentalism war of terrorism What Government should do

WHAT SHOULD BE THE ROLE OF GOVERNMENT? WHAT SHOULD EACH LEVEL (FEDERAL, STATE, LOCAL) OF GOVERNMENT DO?

Summary Federalism is a governmental system in which power is shared between different levels of government. Federalism is always changing. (dual, cooperative, fiscal, new?) Federalism leads to both advantages and disadvantages to democracy.

AP CHAPTER 3 - FEDERALISM IMPORTANT TERMS BLOCK GRANTS CATEGORICAL GRANTS CONDITIONS OF AID CONFEDERATION (OR CONFEDERAL SYSTEM) DEVOLUTION DUAL FEDERALISM FEDERAL SYSTEM GRANTS-IN-AID INTERGOVERNMENTAL LOBBY INTERSTATE COMMERCE

AP CHAPTER 3 - FEDERALISM IMPORTANT TERMS MCCULLOCH v MARYLAND (1819) MANDATES MEDICAID NECESSARY-AND-PROPER CLAUSE NEW FEDERALISM NULLIFICATION REVENUE SHARING SOVEREIGNTY TENTH AMENDMENT UNITARY SYSTEM

AP CHAPTER 3 - FEDERALISM QUESTIONS 1-WHAT REASONS EXIST FOR STATES TO CONTINUE EXERCISING INDEPENDENT POWER? 2-CERTAIN AREAS OF NEVADA PERMIT PROSTITUTION; ALASKA UNTIL RECENTLY ALLOWED THE PRIVATE POSSESSION OF MARIJUANA. COULD THE FEDERAL GOVERNMENT LEGALLY FORBID SUCH PRACTICES? EXPLAIN WHY OR WHY NOT.

AP CHAPTER 3 - FEDERALISM QUESTIONS 3-DOES THE SYSTEM OF GRANTS-IN-AID UPSET THE BALANCE OF FEDERALISM? 4-what is the connection between intergovernmental lobbying and grant-in-aid? 5-why can’t federal agencies attack problems by producing and implementing a coherent systematic policy?