The U.S. adopted a federated system due to: I. Refusal on the part of the 13 states to surrender sovereignty

Transcription

1

2 Most countries are unitary systems. The U.S. adopted a federated system due to: I. Refusal on the part of the 13 states to surrender sovereignty II. The geographic-size as well as the economic and social diversity of the country

3 National Government S T A T E

4 National Government S T A T E

5 National Government S T A T E

6 BENEFITS Avoids tyranny by spreading power around. People can participate in politics more easily and more often at the local level. States become laboratories for new ideas.

7 Original intent: dual/layer cake federalism Each level has specific powers (1790s-1930s) Today: Cooperative/Marble Cake Federalism Shared powers & responsibilities (1930s-PRESENT)

8 FEDERAL GOVERNMENT (Delegated Powers) Regulate foreign and interstate commerce Coin (produce) money Provide armed forces Declare War Establish Federal courts below Supreme Court Foreign Relations Federal and State Govts. (CONCURRENT POWERS) Levy Taxes Borrow Money Spend for General Welfare Establish Courts Enact & Enforce Laws (Reserved Powers 10 th Amend.) STATE GOVERNMENTS Regulate intrastate (internal) commerce Establish Local Government systems Administer Elections Protect public health, welfare and morals

9

10 How has the power and size of the federal government grown so large? SUPREMACY CLAUSE (ARTICLE VI S2) SAYS THAT IF A Fed LAW OR ACT is part of its enumerated powers, then it trumps state law. EXAMPLE: Immigration. Necessary & Proper Clause: Says that the feds can take any constitutional action necessary in order to carry out its enumerated powers. Example: Draft=Raising a Military Commerce Clause: Congress has the authority to regulate economic activity involving two or more states EXAMPLE: (Civil rights act 64, national healthcare).

11

12 Guarantees that all powers not specifically given to the federal government, or prohibited to the states are kept by the states. EX: Marriages and divorces, traffic laws, incorporating cities. This leads to frequent conflict over whether feds or the states have authority in certain situations.

13 Grants-In-Aid 3 types I. Formula grants ($$$ X #OF POOR PEOPLE) II. Project Grants (States submit proposals) III.Block Grants (States have discretion on how to spend the $$$)

14

15 Conditions of Aid: States must follow federal guidelines in order to receive money Examples: States must implement federal testing guidelines to receive education money States must follow USDA guidelines for school meals.

16 POSITIVE INTENT Civil RIGHTS legislation Osha regulations EPA (Environmental Protection Agency) Rules ADA Negative Impact Often unfunded Federal courts Can mandate state actions through court decisions (School busing, Prison Reform) Often reflect federal not state goals

17 CATEGORICAL GRANT HIGHWAY CONSTRUCTION Given for a specific purpose

18 BLOCK GRANT MEDICAID UNEMPLOYMENT WELFARE JOB TRAINING Feds determine the size of the pie State determines the size of each slice

19 DEVOLUTION Transferring responsibility/power from the feds back to the states. WHY? Distrust of the federal government Federal spending seen as wasteful Belief that state governments know better how to meet local problems. HOW? Block Grants SCOTUS 10 th Amendment Rulings EX: U.S. v. Lopez (1995) rolled back Fed use of the commerce clause

20 States resemble direct democracies more-so than republics because citizens often have direct control over the fate of laws. Three ways citizens can exercise their power are: Referendum: A proposal by citizens to repeal an unpopular law. Example: Referendums on repealing state adoption of Common Core standards.

21 INITIATIVE: Citizens directly proposing and voting a law or state constitutional amendment into effect. Example: Michigan s vote to legalize medical marijuana began as a ballot initiative. Recall Election: Citizens CALLING FOR A SPECIAL ELECTION TO REPLACE A STATE OR LOCAL OFFICIAL BEFORE THEIR TERM EXPIRES. Example: Unions in Wisconsin recently tried to recall their governor and failed. All three initiated via petition.

22