1. FEDERALISM Introduction

2. What is Federalism?

3. Federalism Central feature of the American political system Central feature of the American political system Division and sharing of power between the national government and the states Division and sharing of power between the national government and the states

4. Federalism Balance of power between the two levels of government has spawned some of the most intense controversies Balance of power between the two levels of government has spawned some of the most intense controversies

5. Federalism Historically, national interests have clashed with states’ rights Historically, national interests have clashed with states’ rights Even today--federalism is still one of the most important founding principles of the US government Even today--federalism is still one of the most important founding principles of the US government

6. All political systems may be evaluated according to their geographic distribution of power

7. What are the 3 political systems?

8. Political Systems Unitary system Unitary system Confederal system Confederal system Federal system Federal system

9. (1) Unitary System One that concentrates all policymaking power in one central geographic place One that concentrates all policymaking power in one central geographic place

10. (2) Confederal System Spreads the power among many sub-units (such as states) and has a weak central government Spreads the power among many sub-units (such as states) and has a weak central government

11. (3) Federal System Divides the power between the central government and the sub-units Divides the power between the central government and the sub-units

12. Which political system does this US have today?

13. All political systems fall on a continuum from the most concentrated amount of power to the least

14. Historical Development of Federalism Federalism was carefully defined in the Constitution as a founding principle of the US political system Federalism was carefully defined in the Constitution as a founding principle of the US political system

15. Historical Development The nature of federalism is dynamic and has been shaped through the years by laws, Supreme Court decisions, and debates among prominent elected officials and statesmen The nature of federalism is dynamic and has been shaped through the years by laws, Supreme Court decisions, and debates among prominent elected officials and statesmen

16. Federalism in the Constitution When the colonies declared their independence from Britain in 1776, they reacted against the British unitary system in which all political & economic power was concentrated in London When the colonies declared their independence from Britain in 1776, they reacted against the British unitary system in which all political & economic power was concentrated in London

17. Federalism in the Constitution Although the British did not impose this power consistently until after the French & Indian War ended in 1763, new controls on the colonial governments during the 1760s became a major source of friction that led to war Although the British did not impose this power consistently until after the French & Indian War ended in 1763, new controls on the colonial governments during the 1760s became a major source of friction that led to war

18. Federalism in the Constitution During the American Revolution, the states reacted to Britain’s unitary system by creating the Articles of Confederation During the American Revolution, the states reacted to Britain’s unitary system by creating the Articles of Confederation Gave virtually all powers to the states Gave virtually all powers to the states

19. Federalism in the Constitution Framers at the Constitutional Convention tried to balance the perceived tyranny of the unitary system with the chaos created by the confederal system (Shay’s Rebellion) Framers at the Constitutional Convention tried to balance the perceived tyranny of the unitary system with the chaos created by the confederal system (Shay’s Rebellion)

20. Federalism in the Constitution Outlined a new hybrid federal system in the Constitution Outlined a new hybrid federal system in the Constitution Federalism Federalism

21. Federalism became a major building block for preserving freedoms while still maintaining order in the new nation

22. Summary - Questions What are the three political systems? What are the three political systems? Which one does the US currently have? Which one does the US currently have? Which system does Britain have? Which system does Britain have? Which one did the US have during the Articles of Confederation? Confederate States during the Civil War? Which one did the US have during the Articles of Confederation? Confederate States during the Civil War?

23. What are Delegated Powers?

24. DELEGATED POWERS U.S. Constitution grants the national gov certain delegated powers U.S. Constitution grants the national gov certain delegated powers Delegated powers are those that are specifically granted to the fed gov by the Constitution Delegated powers are those that are specifically granted to the fed gov by the Constitution

25. DELEGATED POWERS Delegated powers are also called expressed or enumerated Delegated powers are also called expressed or enumerated Main delegated powers are: Main delegated powers are: (1) War power (1) War power (2) Power to regulate interstate or foreign commerce (2) Power to regulate interstate or foreign commerce (3) Power to tax and spend (3) Power to tax and spend

26. (1) The War Power National gov is responsible for: National gov is responsible for: (A) Protecting the nation from external attacks (A) Protecting the nation from external attacks (B) Declaring war when necessary (B) Declaring war when necessary

27. (1) The War Power Today defense includes: Today defense includes: (A) Maintaining a standing army, navy, and air force (A) Maintaining a standing army, navy, and air force (B) Ability to mobilize industry and scientific knowledge to back the efforts of the military (B) Ability to mobilize industry and scientific knowledge to back the efforts of the military

28. (2) Power to Regulate Interstate & Foreign Commerce National gov has the responsibility to regulate commerce between the U.S. & foreign nations, as well as trade between states (interstate commerce) National gov has the responsibility to regulate commerce between the U.S. & foreign nations, as well as trade between states (interstate commerce)

29. (2) Power to Regulate Interstate & Foreign Commerce The commerce clause (Article I, Section 8, Clause 3) gives Congress the power “to regulate Commerce with foreign nations, and among the several states, and with Indian tribes.” The commerce clause (Article I, Section 8, Clause 3) gives Congress the power “to regulate Commerce with foreign nations, and among the several states, and with Indian tribes.”

30. (2) Power to Regulate Interstate Commerce The government regulates a wide range of human activity, including: The government regulates a wide range of human activity, including: Agriculture Agriculture Transportation Transportation Finance Finance Product safety Product safety Labor relations Labor relations Workplace Workplace

31. (2) Power to Regulate Interstate & Foreign Commerce Few aspects of today’s economy affect commerce in only one state, so most activities are subject to the national government’s constitutional authority Few aspects of today’s economy affect commerce in only one state, so most activities are subject to the national government’s constitutional authority

32. (3) Power to Tax & Spend Even when Congress lacks the constitutional power to legislate (education), its power to appropriate money provides Congress with a great deal of control Even when Congress lacks the constitutional power to legislate (education), its power to appropriate money provides Congress with a great deal of control

33. (3) Power to Tax & Spend When Congress finances an undertaking, it determines how the money will be spent When Congress finances an undertaking, it determines how the money will be spent Congress may threaten to withhold funds if a project does not meet federal guidelines Congress may threaten to withhold funds if a project does not meet federal guidelines

34. (3) Power to Tax & Spend In recent years, Congress has refused to finance a program in which benefits are denied of race, color, or national origin, and more recently, gender and physical handicap In recent years, Congress has refused to finance a program in which benefits are denied of race, color, or national origin, and more recently, gender and physical handicap

35. DELEGATED POWERS Other powers specifically delegated to the national government include: Other powers specifically delegated to the national government include: Coining money Coining money Establishing a postal system Establishing a postal system Right of the government to borrow against its credit Right of the government to borrow against its credit

36. What are Concurrent Powers?

37. CONCURRENT POWERS All powers not granted in the Constitution to the national government are reserved for the states All powers not granted in the Constitution to the national government are reserved for the states

38. CONCURRENT POWERS States, however, may hold some of the same powers that the national government has, unless they have been given exclusively to the national government, either by provision of the Constitution or by judicial interpretation States, however, may hold some of the same powers that the national government has, unless they have been given exclusively to the national government, either by provision of the Constitution or by judicial interpretation

39. CONCURRENT POWERS Concurrent powers are those that both national and state governments hold Concurrent powers are those that both national and state governments hold Examples—levying taxes, establishing & maintaining separate court systems Examples—levying taxes, establishing & maintaining separate court systems

40. CONCURRENT POWERS Federalism limits state powers in that states cannot “unduly burden” their citizens with taxes Federalism limits state powers in that states cannot “unduly burden” their citizens with taxes Neither can they interfere with a function of the national government, nor abridge the terms of a treaty in the U.S. government Neither can they interfere with a function of the national government, nor abridge the terms of a treaty in the U.S. government

41. What re Reserved Powers?

42. RESERVED POWERS Powers held by the states alone Powers held by the states alone They are not listed (as delegated powers are), but they are guaranteed by the 10 th Amendment as “reserved to the states respectively, or to the people.” They are not listed (as delegated powers are), but they are guaranteed by the 10 th Amendment as “reserved to the states respectively, or to the people.”

43. RESERVED POWERS Reserved powers include: Reserved powers include: Establishing a local government Establishing a local government Regulating trade within a state (Intrastate trade) Regulating trade within a state (Intrastate trade)

44. What are Prohibited Powers?

45. PROHIBITED POWERS Prohibited powers are denied to either the national government, state governments, or both Prohibited powers are denied to either the national government, state governments, or both

46. PROHIBITED POWERS Examples include: Examples include: Federal government cannot tax exports, and states governments cannot tax imports or exports Federal government cannot tax exports, and states governments cannot tax imports or exports States cannot make treaties with or declare war with foreign governments States cannot make treaties with or declare war with foreign governments