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Fitz-AP Gov You Can’t Spell ‘federalism’ Without ‘fear’
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Unitary
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Federalism
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Confederation
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Why Federalism? Limited government. They were convinced: 1. Governmental power poses a threat to individual liberty, 2.Governmental power must be restrained 3. Governmental power must be divided, to prevent abuse.
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Advantages of Federalism Mobilization of Political Activity –Many alternatives for a citizen to have voice heard Federal (1) State (50) Local (+87,000)
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Advantages of Federalism Interest Groups Cannot Easily Take Over Gov’t. –Special interests would have to control EVERY aspect of government
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Advantages of Federalism Diversity of policies –Different states tackle problems in different ways
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Advantages of Federalism Uniform laws don’t make sense
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Disadvantages of Federalism Confusion on whom to contact
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Disadvantages of Federalism Small but powerful groups can block important and popular public policy
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Disadvantages of Federalism Inequality
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Disadvantages of Federalism Confusion between localities
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Powers of the National Government Expressed or enumerated powers= directly within the Constitution. Implied powers= not expressly stated in the Constitution, but are reasonably suggested, or implied by, the expressed powers. (Elastic Clause) Reserved= left up to the states, 10 th Amendment Concurrent powers= belong to BOTH state and national
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Expressed or Implied?
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Concurrent Powers (Shared) Levy and collect taxes Borrow money Establish courts Define crimes and set punishments Claim private property for public use (eminent domain)
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National, State or Concurrent? 1.Collect taxes 2.Build interstate highway system 3.Regulate immigration 4.License doctors 5.Make treaties 6.Maintain the Coast Guard 7.Declare war 8.Deport aliens 9.Prohibit racial discrimination 10.Set up independent school districts 11.Punish crimes 12.Coin money 13.Regulate the sale of beer 14.Regulate interstate commerce
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National, State or Concurrent? 1.Collect taxes 2.Build interstate highway system 3.Regulate immigration 4.License doctors 5.Make treaties 6.Maintain the Coast Guard 7.Declare war 8.Deport aliens 9.Prohibit racial discrimination 10.Set up independent school districts 11.Punish crimes 12.Coin money 13.Regulate the sale of beer 14.Regulate interstate commerce C N N S N N N N N S C N S N
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National and State Cooperation National Obligations Guarantee a republican form of government Protects against invasions, domestic violence and natural disasters Admits new States State Obligations Conduct national elections Admit new citizens in State courts Cooperate with federal law enforcement agencies
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Opinion Should Texas respect gay marriages performed in other States?
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Federal, State or Local Quiz 1.Grass clippings and leaves must be in 30 gallon paper bags 2.You must submit an IRS tax return by April 15 3.Animals must be on a leash while in a public place 4.You must be of at least 16 years of age to drive 5.You may not park in your front yard 6.You must be at least 21 years of age to buy alcoholic beverages 7.You must be at least 18 years of age to vote 8.All males age 18 and over must register for the draft 9.Sex offenders must register with the police 10.All children ages 16 and under must attend school
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Federal, State or Local Quiz 1.Grass clippings and leaves must be in 30 gallon paper bags 2.You must submit an IRS tax return by April 15 3.Animals must be on a leash while in a public place 4.You must be of at least 16 years of age to drive 5.You may not park in your front yard 6.You must be at least 21 years of age to buy alcoholic beverages 7.You must be at least 18 years of age to vote 8.All males age 18 and over must register for the draft 9.Sex offenders must register with the police 10.All children ages 16 and under must attend school L F L S L S F F L S
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National Powers Coin money Regulate interstate and foreign commerce Raise and maintain armed forces Declare war Govern US territories Admit new States Conduct foreign relations
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State Powers Regulate trade and business within the State Establish public schools Pass license requirements for professionals Regulate alcoholic beverages Conduct elections Establish local governments
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Interstate Relations
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Intestate Compacts –States may make agreements to solving shared problems
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Interstate Relations Full Faith & Credit –Each state must honor the laws, records and civil court decisions of every other State
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Interstate Relations Privileges & Immunities –No State may unreasonably discriminate against a person who lives in another State
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Interstate Relations Extradition –A fugitive from justice in one State is returned to it from another State
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Opinion: Do non-resident tuition and fees violate the “privileges and immunities” clause? Privileges & Immunities –Hunting Licenses Resident: $23 Non-Resident: $300 –Fishing Licenses Resident: $28 Non-Resident: $55 –College Tuition University of Texas, 2001 –In-State: $3,128 –Out-of-State: $9,608 Full Faith & Credit –Quickie Divorces
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Katrina: Who’s To Blame? Major Disaster Relief Process –Step 1: Local Government Responds –Step 2: The State Responds –Step 3: Damage Assessment By Federal, State, Local and Volunteer Organizations –Step 4: A Major Disaster Declaration Is Requested By The Governor –Step 5: FEMA Evaluates Request –Step 6: The President Approves or Denies The Request
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Katrina: Who’s To Blame?
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Characteristics of: Federalism Unitary Pro: Con: Confederal: Pro: Con: Advantages of Federalism (4): Types of power: Expressed (enumerated)- Implied: Reserved: Concurrent: Why federalism? 1. 2. 3. Disadvantages of Federalism (4): X Federalism Pt. 1
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