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DO NOW What are three things that make you happy?
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What is Federalism? Federalism is a form of government in which a constitution distributes powers between a central government and subdivisional governments, usually called states, provinces, or republics. Divides power between the national and lower level governments. Each government has distinct powers that the other governments cannot override. Examples: Australia, Brazil, Canada, Germany, India, Mexico, and the United States.
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Alternatives to Federalism
Unitary Systems (centralized powers) Confederate Systems (an alliance of sovereign nations) Autocracy (dictatorship) Oligarchy (rule by a small group) Constitutional monarchy Unitary System: Central government gives power to sub-national governments (counties, provinces, etc.). Local governments typically have only those powers granted to them by the central government, rather than any reserved powers. Especially important is the central government’s role as provider of funds. A Confederate System: Power is retained by local or regional governments. Example: The European Union
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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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The Flow of Power in Three Systems of Government
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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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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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Admission of States to the Union
Louisiana Purchase Florida Texas Oregon Mexican Cession Gadsden Purchase Alaska Hawaii Philippines to1946 Puerto Rico Guam American Samoa Canal Zone to 2000 U.S. Virgin Islands Pacific Islands Trust Territory - 1947
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Admission of States to the Union
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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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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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Delegated National Powers
National Supremacy War Powers The power to tax and spend Federal Mandates The power to regulate interstate commerce Commerce Clause Article VI of the Constitution mandates that actions by the national government are supreme. Any conflict between a legitimate action of the national government and a state will be resolved in favor of the national government. Article VI is very clear that the Constitution of the United States overrides all other governments – states must abide. “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made … under the Authority of the United States, shall be the supreme Law of the Land.” The national government is responsible for protecting the nation – this entails making war, as well as using technology to make successful war. The commerce clause gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations. Congress can raise taxes and spend money for the purpose of promoting the general welfare. They grant money which then has stipulations attached – states then comply with federal guidelines to get the money. These are known as federal mandates.
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Some Powers Reserved for the States
Constitutional Division of Power Some Powers Reserved for the States To create a republican form of government To charter local governments To conduct elections To exercise all powers not delegated to the national government or denied to the states by the Constitution According to the Tenth Amendment, all powers that were not delegated to the national government. In theory states still retain all powers not delegated to the national government, but in reality the national government has expanded the scope of governmental action on a grand scale. The 10th Amendment of the Constitution reserves for the states all powers not granted to the national government. Thus, any powers that are not exclusively given to the national or government the states can exercise as long as they do not conflict with national law. Some powers are shared by both levels – taxing, law enforcement, etc. – and these are known as concurrent powers.
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Some Concurrent Powers Shared by the National and State Governments
Constitutional Division of Power Some Concurrent Powers Shared by the National and State Governments To tax citizens and businesses To borrow and spend money To protect civil rights
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Congressional authority extends to all commerce that affects more than one state. Commerce includes the production, buying, selling, renting, and transporting of goods, services, and properties. The "Commerce Clause" is Article I, Section 8, Clause 1 of the U.S. Constitution. It gives Congress the power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." These few words confer on the federal government a constitutional justification for regulating a very wide range of human activity since few, if any, aspects of today’s economy affect commerce only in one state. The power to regulate interstate commerce allowed Congress to forbid discrimination like this in places of public accommodation in the 1964 Civil Rights Act.
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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
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