Federalism. How State and the Federal Government Interact

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1 Federalism How State and the Federal Government Interact

2 A New Government 1789 the New Congress met April 6, George Washington voted in as president

3 The Preamble We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

4 An outline of the Constitution Limited Government Article I: Legislative Branch Article II: The Presidency Article III: The Judicial Branch Article IV: Federalism Article V: Amendments Article VI: Supremacy Clause Article VII: Ratification

5 An outline of the Constitution Separation of Powers U.S. Government split into 3 branches

6 An outline of the Constitution Checks and Balances The powers of each branch of government are checked by the others.

7 Federalism

8 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 Unitary governments: a way of organizing a nation so that all power resides in the central government

9 State Governments Are Unitary with respect to their local Govs Local Gov. gets their authority from the state Gov.

10 Confederation Confederation: Weak National Gov. Most power in the states (components) The U.N.

11 Intergovernmental Relations The workings of the federal system- the entire set of interactions among national, state and local governments

12 Why Federalism? Limits Governmental power Distance Diversity Gives states some independence

13 Benefits of Federalism Decentralizes our politics More opportunities for participation Fewer sources of conflict at the national level. States can solve the same problem in different ways and tend to be policy innovators.

14 Conflicts Debate over policy State v. National conflict -Regulate railroads -Child Labor Laws -Regulate abortions -Drug Laws -Marriage Laws

15 The 3 Types of Powers Exclusive Powers Only the Federal Government Concurrent Powers Reserved Powers States & National Government share Only the States Have

16 Exclusive Powers Powers that can be exercised by the national government alone. They cannot be exercised by the states Article 1 section 8 Examples: Power to coin Money Enter treaties Tax imports

17 Powers denied to the National Government Article 1, Section 9 Cannot levy export taxes Anything the constitution does not grant them

18 Reserved Powers Powers only the states have Powers not granted to the national government, and not denied to the state. Require licenses Set drinking/smoking age Outlaw prostitution Establish public schools

19 Concurrent Powers Powers that both the National Government and the states possess. Levy and collect taxes Define crimes and set punishments Power to collect taxes

20 Federalism Recap What is federalism? Why do we have a federal gov.? What is an exclusive/national power? Where can the enumerated powers be found in the Constitution? What are reserved powers? How do you know what powers are reserved for the states?

21 Appealing to the Fed. Gov. State issues can become federal when people bring issues to congress or the courts.

22 The Constitution & Federalism Favors a strong national gov But: States given power over elections States have = Reps in the Senate Fed. gov cant make new states from existing ones. Fed gov must protect the states

23 The Supremacy Clause The Constitution is the supreme law of the land Federal laws second State laws third National laws (U.S. Laws) always overrule state laws

24 The 10 th Amendment Powers not delegated to the federal gov by the constitution, are reserved to the states, or to the people.

25 National Supremacy How has the Fed government gained power over the states? 1. Implied Powers 2. Commerce Clause 3. The Civil War 4. Civil Rights Movement

26 1. Implied Powers McCulloch v. Maryland: 1791 the Fed government created a National bank. Maryland (opposed to the bank) passed a tax on it. Bank refused to pay, and was sued. James McCulloch (Bank cashier)

27 The Argument Maryland: The Constitution does not give the Fed Gov the power to create a bank. McCulloch: Broad interpretation of the Constitution. Congress has the power to use all means Necessary and proper to fulfill its responsibilities

28 Necessary and Proper Clause

29 The Decision SCOTUS ruled in favor of the bank Importance: 1. Supremacy of the national gov 2. Nat. Gov. has implied powers that go beyond enumerated (exclusive) powers. -Elastic clause

30 2. Commerce Power The Constitution gives congress the power to regulate commerce. What is commerce? Gibbon v. Ogden 1824 Decision: Every form of commercial activity Even radio waves, electricity, internet Greatly expanded the power of the Fed Gov

31 3. The Civil War Conflict was a military action to resolve the issue of National supremacy over Southern states.

32 4. Civil Rights Movement Battle between National authority v state powers. Brown v. Board of Edu.: School segregation unconstitutional Federal gov forced states to desegregate Demonstrated National authority over the states.

33 State Obligations

34 Full Faith and Credit Public acts, records, civil judicial proceedings carry over from state to state. Example: Drivers licenses are recognized by all states. If you owe money in one state, you cant flee to another and avoid payment. Exception: Recognizing same sex marriages

35 Extradition States are required to return prisoners to the state in which they committed the crime.

36 Privileges and Immunities Citizens of each state receive all the privileges and immunities of any other state in which they are in. States cant discriminate against those from other states

37 Dual Federalism National and state governments remain supreme within their own sphere. States responsible for some policies National Gov. for theirs Powers of the two are distinct

38 Cooperative Federalism Powers and policies are shared between the federal and state governments. Blurred distinctions

39 Cooperative Federalism SOP s 1. Shared Costs: State & Fed governments co-fund projects. 2. Federal Guidelines: State govs must follow Fed guidelines if they take money. 3. Shared Administration: State & Local govs have administrative powers

40 Fiscal Federalism

41 What is Fiscal Federalism? The pattern of spending, taxing, and providing grants in the federal system The cornerstone of the national government s relations with state and local governments

42 Federal Funds Catalogue of Federal Domestic Assistance Federal funds are used to gain power over the states.

43 Categorical Grants Federal grants that can be used for specific purposes; grants with strings attached May not be used for purposes that discriminate against minorities. Cant go to a construction projects that pays under the local union wage. Sometimes Environmental impact report

44 Crossover Sanctions Using federal dollars in one area could influence other state policy. Drinking age v. Highway funds

45 Categorical Grants Types: Project Grants: Awarded on the basis of competitive applications. Formula Grants: Distributed according to a formula. Example: Population, per capita income, rural population

46 Block Grants Federal grants given more or less automatically to support broad programs Grants are given to states & local governments. Community development

47 Fighting for Federal Funds Most states employ people to get federal grants. Politicians fight to get money in their state/cities

48 What is a Mandate? Mandates direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant. Fed Usually gives money to meet these mandates.

49 Unfunded Mandate Congress passes a law creating a financial obligation for the states but no funds to meet these obligations. Americans with disabilities Act No Child Left Behind

50 Advantages for Democracy Increases access to government Local problems can be solved locally Hard for political parties or interest groups to dominate all politics

51 Disadvantages for Democracy States have different levels of service -Poorer states have less to offer Local interest can counteract national interests - Welfare could draw poor people to your state. Too many levels of government and too much money

52 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.

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