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Government in America: People, Politics, and Policy
Thirteenth AP* Edition Edwards/Wattenberg/Lineberry Chapter 3 Federalism Pearson Education, Inc., Longman © 2008
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Bellringer 2/13 The Tenth Amendment
A. declares that the national government is superior to the state in every concern B. establishes the Constitution, laws of national government, and treaties as the supreme law of the land C. establishes the Supreme Court as the final arbiter in all civil and criminal disputes D. establishes the number of electoral votes each state can cast in the electoral college E. states that powers not delegated to the United States by the Constitution nor prohibited by the states, are reserves for the states
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Pearson Education, Inc., Longman © 2008
Defining Federalism What is Federalism? Federalism: a way of organizing a nation so that two or more levels of government have formal authority over the land and people. It is a system of shared power between units of government. Intergovernmental Relations: the workings of the federal system- the entire set of interactions among national, state and local governments Pearson Education, Inc., Longman © 2008
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Pearson Education, Inc., Longman © 2008
Defining Federalism What is Federalism? Unitary governments: a way of organizing a nation so that all power resides in the central government State with respect to their local governments Confederation: then national government is weak, and most or all of the power is in the hands of the components. Pearson Education, Inc., Longman © 2008
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Pearson Education, Inc., Longman © 2008
Defining Federalism Pearson Education, Inc., Longman © 2008
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Defining Federalism Why Is Federalism So Important?
Allows the national government to be concerned with broader issues affecting the whole country and local governments with issues affecting citizens' daily lives. National: foreign policy, interstate matters, immigration Local: motor vehicles, garbage, education Decentralizes our politics Senators representatives of state not nation On election day there are 51 presidential elections More opportunities to participate
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Defining Federalism Why Is Federalism So Important?
Decentralizes our policies – who controls the policy and what should it be? Who should regulate abortion, determine speed limits, drinking age? General areas covered by each level Federal: economy, environment, equality States: social, family, and moral issues. States can solve in different ways
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The Constitutional Basis of Federalism
The Constitution does not specifically state the term “federalism.” Although favored a stronger national government, the framers still made states of vital importance. The powers of the federal and state governments were defined. Pearson Education, Inc., Longman © 2008
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The Constitutional Basis of Federalism
The Division of Power Supremacy Clause, Article VI: U.S. Constitution, laws of Congress, and treaties are supreme Yet, national government cannot usurp state powers. 10th Amendment: powers not delegated to the US by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or the people. 11th Amendment: prevent suits against states and officials
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The Constitutional Basis of Federalism
Pearson Education, Inc., Longman © 2008
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The Constitutional Basis of Federalism
Establishing National Supremacy Implied and enumerated powers McCulloch v. Maryland (1819) Necessary and Proper Clause Commerce Powers Gibbons v. Ogden (1824) The Civil War ( ) The Struggle for Racial Equality Brown v. Board of Education (1954) Pearson Education, Inc., Longman © 2008
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The Constitutional Basis of Federalism
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 Privileges and Immunities: Citizens of each state have privileges of citizens of other states. Article IV, Section 2 of Constitution Extradition: States must return a person charged with a crime in another state to that state for punishment. Pearson Education, Inc., Longman © 2008
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Bellringer 2/14 The terms “fiscal federalism” and “cooperative federalism” refer to situations in which A. the federal government completely dominates state and local governments. B. states are forbidden any activity that has not been specifically approved by the Supreme Court. C. the federal judiciary uses its power of judicial review to ensure congressional dominance over state legislatures D. state, municipal, and local income taxes are pooled by special agreement and redistributed in accordance with individual need. E. federal, state, and local governments work together to complete a project, with the federal government providing much of the project funding.
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Intergovernmental Relations Today
There has been a transformation in American federalism. There has been a gradual shift from dual to cooperative federalism. Pearson Education, Inc., Longman © 2008
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Stages of Federalism There have been four stages of federalism throughout American history. 1. “Dual Federalism” 2. “Cooperative Federalism” 3. “Regulated Federalism” 4. “New Federalism”
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Intergovernmental Relations Today
Dual Federalism a system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies Like a layer cake Federal: foreign policy, postal system, monetary policy State: school, law enforcement, road building Narrowly interpreted powers of federal government Ended in the 1930’s Pearson Education, Inc., Longman © 2008
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Intergovernmental Relations Today
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 – mingled responsibilities and blurred distinctions Shared costs, administration and federal guidelines Federal Highway Act of 1956 The New Deal’s Federal relief and recovery programs resulted in greater involvement by the federal government in the local level. National Industrial Recovery Act FDIC Aid to Family with Dependent Children Pearson Education, Inc., Longman © 2008
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Pearson Education, Inc., Longman © 2008
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Intergovernmental Relations Today
Regulated Federalism/Creative Federalism As state and local governments came to depend on federal support, the national government further intervened. Clean Air Act Civic Rights Act Federal aid led to federal control Use of categorical grants Federal mandates direct states or local governments to comply with federal rules by penalty or to receive funds Unfunded mandates
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Intergovernmental Relations Today
New Federalism: Devolution Embodies the idea that federalism is strengthened by a partial shift in authority from federal to state and local government Budgetary pressure and public opinion Deficits may require state and localities to pay a larger share of joint programs Republican Revolution Reduce unfunded mandates and increased block grants Pearson Education, Inc., Longman © 2008
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Intergovernmental Relations Today
Fiscal Federalism The pattern of spending, taxing, and providing grants in the federal system Pearson Education, Inc., Longman © 2008
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Intergovernmental Relations Today
Pearson Education, Inc., Longman © 2008
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Intergovernmental Relations Today
Grants-in-aid: federal funds appropriated by Congress are the main instrument the national government uses for aiding and influencing states and localities. Two main types: Categorical and Block Catalogue of Federal Domestic Assistance Pearson Education, Inc., Longman © 2008
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Intergovernmental Relations Today
Fiscal Federalism: Categorical Grants Categorical Grants: federal grants that can be used for specific purposes; grants with strings attached and often requiring matching funds Strings: nondiscrimination, meet union wages, environmental impact statement Crossover sanctions and crosscutting requirements Two types: Project Grants: based on merit Formula Grants: amount varies based on formulas Pearson Education, Inc., Longman © 2008
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Intergovernmental Relations Today
Fiscal Federalism: Block Grants Block Grants: federal grants given more or less automatically to support broad programs such as community development Revenue sharing: federal government gives money to the states with no restrictions for matching funds and freedom to spend on any government purpose Pearson Education, Inc., Longman © 2008
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Pearson Education, Inc., Longman © 2008
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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 Pearson Education, Inc., Longman © 2008
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Understanding Federalism
Pearson Education, Inc., Longman © 2008
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Understanding Federalism
Federalism and the Scope of Government What should the scope of national government be relative to the states? National power increased with industrialization, expansion of individual rights, and social services. Most problems require resources afforded to the national, not state governments. Pearson Education, Inc., Longman © 2008
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Understanding Federalism
Pearson Education, Inc., Longman © 2008
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Pearson Education, Inc., Longman © 2008
Summary American federalism is a governmental system in which power is shared between a central government and the 50 state governments. The United States has moved from dual to cooperative federalism; fiscal federalism. Federalism leads to both advantages and disadvantages to democracy. Pearson Education, Inc., Longman © 2008
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