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FEDERALISM Chapter 3
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What is a federal system? A system of government in which power is shared between the central government and state governments Different from… Confederate system Unitary system
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Why federalism? Allows for sharing of resources States are “closer” to the people Unity without uniformity Limits the power of government States can be “labs” for policies Encourages cooperation between the states States can administer federal programs
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Federalism and the Constitution The 10 th amendment: “The powers not delegated to the U.S. by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” The supremacy clause: “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 U.S., shall be the supreme law of the land.”
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What is the hierarchy? Arrange the following government actions: State statutes, city ordinances, U.S. Constitution, county charters, state constitutions, Acts of Congress, Treaties
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Hierarchy: U.S. Constitution Acts of Congress Treaties State Constitutions State statutes County charters City ordinances
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Other interpretations New federalism Power of national government limited in favor of broad state power (fiscal mgt., block grants) Competitive federalism Provides choices for “consumers” Provides competition (tax dollars) Race to the Top? (Obama and Education)
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Video on Demand http://www.learner.org/courses/democracyinamerica/dia_3/dia_3_vi deo.html#
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What are the national government’s obligations to the states? To provide a republican form of government To provide protection To respect the territory of the states To umpire state relations States respect the authority of the national government, assist in providing protections, help national government carryout policies, conduct national elections
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Why might states form interstate compacts? To be more efficient (organization, financial) Environmental issues, water systems, crime control, forest fires, etc. Example: Port Authority (NY-NJ)
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Extradition Defined: the practice of requesting and transferring a person accused/convicted of a crime between states Who is responsible for this process? Why do we have this procedure in place? Why might a governor refuse to extradite? Courts CAN force a governor to extradite to another state
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Privileges and Immunities Article IV Section 2 Provision in the Constitution that requires each state to treat other states’ citizens the same Civil matters Protection Acquire property Work, travel and play Utilize court system of another state
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Discrimination by the States What is an example of reasonable discrimination by one state against a citizen of another state? Voting requirements (Oregon v. Mitchell) Professional licensing College tuition
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Full Faith and Credit Clause One state must recognize the validity of documents and court decisions of another state Marriage/Divorce Birth certificates Adoption Drivers’ licenses Exceptions? DOMA-relieves states of the obligation to recognize same sex marriages
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National, State, or Both? Collect Taxes Collect Import Taxes Regulate Interstate Commerce Declare War Fund and Regulate Education Regulate Marriage and Divorce Punish Counterfeiters Create Post Offices Enforce Laws Regulate Trade Within a State Raise an Army Regulate Gambling Naturalize Citizens Regulate Sale of Alcoholic Beverages
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Interpretations of Federalism Dual federalism Layer cake Clear differences between state and national power and responsibilities Cooperative federalism Marble cake Undefined, mixed differences between the powers and functions of the state and national government
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