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FEDERALISM Article 6 (& 10th Amendment)
Definition: the sharing of power between Federal (National) and State governments, with Federal government being superior
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Government under the Articles of Confederation, 1781-1788
The confederation was a union of states in which the central government received power from the states and had no direct authority over the people. In practice, it was unable to force states to pay the taxes they owed and remained a weak system of government. The federal union is a union of people in which the national and state governments receive power from the people and exercise authority directly over them. Over time the federal government has entered more and more policy areas, increased its revenue advantages over the states, and become preeminent. However, in the last two decades there have been efforts to revive the relative importance of the states.
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Government under U.S. Constitution (Federation): 1789 -
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Advantages of Federalism
Federalism checks the growth of tyranny Federalism allows unity without uniformity Federalism encourages experimentation Federalism keeps government closer to the people Training for national officials More arenas for public participation The authors of the Constitution wanted to combine a central government strong enough to maintain order with strong states. The large geographical size of a country. State governments have served as training grounds for national politicians and as laboratories in which new ideas can be tested. Federalism allows for many political subcultures.
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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 In 1787, federalism was a compromise between centrists who supported a strong national government and those who favored decentralization. Confederation was unsuccessful and unitary was impossible given the attachment to state governments. Federalism has some advantages. First, U.S. citizens tend to connect federalism to freedom because any level can challenge any other level. Second, the nation is very diverse but federalism allows there to be differences on policy while also having the nation in common. Third, experimentation is possible in a federal system because states become laboratories of democracy. Fourth, leaders can cut their teeth on how to run governments at a lower level before they enter the national conversation. Finally, the number of levels allows citizens to be involved in their government as thousands of U.S. adults serve. Federalism has some disadvantages. First, dividing power means that national problems are not responded to quickly – Katrina, 9/11 are examples of this problem. Second, citizens have a hard time holding elected officials accountable because it is hard to see who is responsible when things go well or go badly. Third, there is conflict across state lines. Finally, the more variation in policies there is, the more inefficient the system works.
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Number of Governments in the United States
3,143 With about 89,000 separate governmental units in the U.S. today, it is no wonder that intergovernmental relations in the U.S. are so complicated. Actually, the number of school districts has decreased over time, but the number of special districts created for single purposes, such as water, sewage, flood control, has increased from only 8,000 during WWII to over 37,000 today.
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Number of Governments In America there are close to 89,000 governments. About half of these units are school or other special districts, and many of the remaining governments are townships and municipalities. there are over 3,000 counties 50 state governments and one federal government.
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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 D
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An Expanding Nation A great advantage of federalism and part of the genius and flexibility of our constitutional system—has been the way in which we acquired territory and extended rights and guarantees by means of statehood, commonwealth, or territorial status, and thus grew from 13 to 50 states, plus territories.
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Formal Constitutional Framework
The national government has only those powers delegated to it by the Constitution The national government is supreme The state governments have residual powers; meaning those neither assigned to the national government nor denied to the states Some powers are specifically denied to both the national government and the state government The national government has the constitutional authority, stemming primarily from the national supremacy article, from its powers to tax and spend and to regulate commerce among the states, and from its war powers, to do what Congress thinks is necessary and proper to promote the general welfare and to provide for the common defense. These constitutional pillars have permitted tremendous expansion of the functions of the federal government.
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The U. S. Constitution is the supreme law of the land
The U. S. Constitution is the supreme law of the land. It sets forth arrangements such as checks and balances, federalism, separation of powers, rule of law, due process, and the protection of individual rights.
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Deligated Powers given specifically to national government
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Implied Powers powers of the national government that are not in writing Read the following sentence: ‘I walked through my living room, out of the house, and onto the yard.' Pretty straightforward, right? But here's a question: How did I get out of the house?
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Answer: The sentence doesn't really tell you, but you'd be right to assume that I went through a door. There's no mention of the door, and it's possible that I was like Kool Aid Man and punched through the drywall and crawled out that way, but that would fly in the face of not only common practice, but common sense. Unless there was no door. But again, that wouldn't be a necessarily logical conclusion. The presence of a door is implied.
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Reserved Powers powers that have been reserved”/kept for the state governments it's not part of the main body of the document (it's the 10th Amendment) It says whatever is not explicitly stated as a responsibility of the federal government, is under control of the states. But why do we need such a mechanism?
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Answer The Framers knew that state governments were closer to the 'people' than the central government ever could be (even today, with cell phones and the Internet), and therefore they wanted to create a sort of safety valve, which would keep the central government from growing too large. Ex: A driver’s License. Not mentioned anywhere in the Constitution = State Power What about education?
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Concurrent (Shared) Powers
powers shared between the national and state governments
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Distribution of Power -maintain army and navy -declare war -coin money
-regulate domestic and foreign trade -“necessary and proper” laws -collect taxes -enforce laws -create courts -build roads -protect the people -establish schools -regulate trade within state -regulate marriage -conduct elections -any other powers not given to national government*
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Defining Constitutional Powers
The Supreme Court and the Role of Congress McCulloch v. Maryland 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. In 1819, the Supreme Court had the first of many chances to define the division of power. The Court ruled that a state cannot tax an instrument of the national government. Marshall found that there are implied powers that the national government can exercise. This ruling went a long way toward developing nationalism and unifying the national economy. The Supreme Court has played a major role in the relationship between the states and the national government. From 1937 to the 1990s, the Courts had stepped back from protecting states from the federal government, but in the last 15 years, the Court has signaled it will intervene. Mostly, it is important for students to note that the battles surrounding the creation of the country in the 18th century are not over. © Bettmann /Corbis Chief Justice John Marshall: “Let the end be legitimate.”
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*The 10th Amendment to the Constitution ensures that states maintain powers not mentioned in the constitution 9. Does concept of federalism limit or increase the power of the government? Explain your answer. 10. Does federalism favor national or state governments? Explain your answer.
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Distribution of Power Set time, place, and manner of elections
(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
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Powers delegated to the National Government
Constitutional Division of Power Powers delegated to the National Government Express powers stated in the Constitution Delegated powers Implied powers that may be inferred from the express powers Necessary & Proper Clause Inherent powers that allow the nation to present a united front to foreign powers Enumerated Powers: Delegated Power are the Express Powers also referred to as the four Constitutional Pillars. Implied Powers: allow the national government to make decisions that fall outside the expressed powers. The Necessary and Proper Clause Inherent Powers: recognized by all sovereign nations. The Constitution explicitly gives legislative, executive, and judicial powers to the national government – these are known as delegated powers. In addition, the national government has assumed implied powers stemming from the necessary and proper clause. For example, creating a national bank. Those powers specifically written down are also known as express powers. In foreign affairs, the national government has inherent powers – the Supreme Court has declared these do not depend on constitutional grants but grow out of the very existence of the national government.
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