Chapter 4: Federalism: read the opening of the Chapter jot down some notes

Transcription

1 Chapter 4: Federalism: read the opening of the Chapter jot down some notes Why Federalism Framers stated that they wanted to limit government 1. They knew that government power posed a threat to individuals liberties. 2. Therefore government powers needed to be restrained. 3. And so if you divided governmental powers like federalism does, you can curb and prevent to much government Federalism in Action Something to think about Learn More Get involved add xtras

2 Federalism Defined A system of government that divides powers of government on a territorial basis between the Central Gov, and the State Governments. US Constitution establishes federalism by providing for a Division of Powers between the Natl. and State Governments. Federalism provides for 2 basic levels of Government Its major strength is it allows local action in matters of local concern and national action in matters that concern lots of people Read Page 89 (94-5 new book) what things are unique to the following states New Jersey and Oregon Pump gas for you no Self service North Dakota no Registration for voting Nebraska - Unicameral Oregon and Washington Euthanasia Fed Clip State Fun Do you remember your states and caps Alaska, Delaware, New Hampshire, Montana and Oregon no sales tax

3 Fed Pop Something Unique to the Following states. 1. Oregon 2. New Jersey 3. Nebraska 4. Washington 5. Montana, Oregon and Delaware 6. Federalism is a system of government that divides powers of government on a territorial basis between the? 7. Why the Framers wanted Federalism? What are 3 states and their capitols?

4 3 Areas where it helps to have State and National Help National Defense Foreign Relations Natural Disaster The National Government and Delegated Powers: the National Government only has those powers granted to it by the Const. Expressed powers: Those written in the Constitution (write down some pg 89-90) (new book 96-98) Tax, make money, regulate trade, armed forces, declare war, grant patents, Fema? Implied Powers: Those not written in Constitution but suggested (90-91) Regulate labor, Dams, Interstate highway, Federal crimes Kidnapping and transporting stolen goods, prohibits racial discrimination Inherent powers: powers it has as a sovereign state/ historically possessed. List some pg 91 Regulate immigration, deport aliens, acquire territory, grant diplomatic recognition, protect nation

5 Reserved, Exclusive and Concurrent Powers Define; Pgs 92-3 Reserved Powers: Those powers the constitution does not grant to the National government but does not deny the states Exclusive Powers: Those powers that belong to the Federal Government alone After Powers Federalism Cartoon Concurrent Powers: Both the states and the National government possess Use Chart on page 93 (+ new book pgs ) to figure out what goes in each Circle National Powers Coin Money Regulate interstate trade Raise, keep Armed forces Declare War Govern terr. Admit states Concurrent Powers Taxes, borrow money, est. courts Define crimes and set punishments Claim Private property for public use. Kelo Private Property State Powers Regulate trade and business in state Est. public Schools Regulate Alcohol and other things Conduct elections Est. Local Governments License Requirements for Professionals

6 National, State, and Local Gov 87,000 units of Local Government exist today (these are subunits of the State governments) 50 state Governments exist today the state governments created the local governments to help it function better Local Governments wield no power except what the state has given them (when they function they are actually using state powers). Local government provide services, regulate activities, and collect taxes. The Supremacy Clause: Found in Art. 6 sec 2 joins the federal government with the state government and establishes a Hierarchy. The Supreme Court acts as the Umpire in This complex system. City County Charters State Statutes State Constitutions Fred on Federalism Acts of Congress and Treaties US Constitution Hierarchy of Government pg 94

7 More Power to the States pg 96 old book 1. According to Chavez, how has the Fed extended power over the States? 2. Why is Chavez concerned about the growing power of the Fed. Gov? 3. Why does Chavez believe the states are better able to handle local problems?

8 Federalism Pop What are 3 areas where it helps to have state and national help? 4. The Major Strength of Federalism is it? 5-7. There are 3 types of delegated powers including those written in the Constitution, those suggested by the Constitution, and those that Sovereign states have - what are these three powers? 8. The powers of the States are often referred to as power. 9. The power local government exercise comes from the? 10. Powers that belong to both the states and the federal government are referred to as powers.

9 Federalism pop 2 1. State Governments create these to help them function better? 2. One things that Local Governments do? 3. Concurrent Powers are powers shared by? 4. How many units of Local Governments exist today? 5. This joins the federal government with the state government and establishes a Hierarchy? 6-8. What are 3 areas where it helps to have state and national help? 9. The powers of the States are often referred to as powers. 10. The powers of the federal government written in the constitution are called powers.

10 Ch. 4 Sec 2 The National Government and the 50 States Legal drinking age is 21 - Fed or State law (State law but tied to Fed through $ - National Minimum Drinking Age Act of 1984 Punished every state by taking away 10% of its state highway budget In other words States if you want $ for roads don t let people under 21 drink) But does everyone agree with that the age should be 21? How about You why? Alcohol? (warning drinking excessively can kill you) Side-notes Argue For Argue Against Maybe? The Constitution was created to preserve the Union of the States. It requires the National Government to guarantee certain rights to the states And makes it possible for the N.G to do certain things for the States Most of these things are found in Article 4 (The States and Federal Gov) Republican Form (representative form) of Government Invasion and Internal Disorder (Domestic Violence): Major Disaster Process? 1. Local Government Responds ask state for assistance 2. State Responds Nat. Guard, State Agencies 3. Damage Assessment Local State Fed. Volunteer Org 4. Major Disaster Declared request by Governor, based on Damage 5. FEMA Evaluates Recommends action to the Whitehouse 6. President Approves or Denies

11 Respect for Territorial Integrity The Fed must recognize the legal existence and legal boundaries of the States, and may not deprive them = representation without the states consent Admission Procedure and Conditions Want to be a state in the US here is what you need Enabling Act, allows a state to Propose and Frame a Constitution providing the area has a population of 60,000 Act of Admission If congress still agrees that the state should be a state after reviewing the states constitution it passes an act of admission or an act creating a new state

12 Cooperative Federalism: the National and State governments often are locked in a power struggle with the Supreme court acting as the Referee, but the states and the National Government do come together to work on the following Grant in Aid Programs US can provide $ for Schools, colleges, roads and canals, flood control, and several other things. In 1808 the Congress gave each state 200,000 to establish a militia this has become the National Guard today But it wasn t until the 1930s and the Great Depression when we see huge changes with the New Deal and lots of Government help programs These Grant in Aid programs are based on the US Providing for the Common Defense and General Welfare, as well as paying Debts of the US the fed has about 500 of them today Today these grants account for 400 billion and some 30% of all state and local spending each year. Education, Low income housing, local law enforcement, and mental health care areas the Fed did not really have a say in until it started giving $ for these programs Education Local or National? One thing worth noting is many critics feel this gives the National Government to much say in Local Affairs.

13 Revenue Sharing: In place from gave about 83 billion back to the states, however very little strings were attached to the $ - 1 major thing the money could not be used to discriminate against anyone. The State Governments loved it. But during the Reagan years it was discontinued, due to the Deficit problems of the National Government. Federal Grants: 3 types Categorical Grants: Specific Purpose Grants with lots of Strings an example would be the School lunch Program. Block Grants: Larger generally then the Categorical Grants they may deal with something like Health Care or some kind of Social Service Less strings are attached to them. Project Grants Made to states, localities or sometimes even private agencies may apply for them. An example may be if someone is doing cancer research, or some job training programs. Other Forms of Fed Aid 1. FBI often gives help to the State and Sometimes Local Police 2. LuLu Payments Federal Lands in a state (Basically the Govnt paying its property tax) State Aid to the Fed The National Elections held in each state are financed with state and local funds.

14 Interstate Relations Ch4 Sec 3 Define/Explain the Following Old/New Book Interstate Compacts: W/ Congressional approval the states may join with other states and Foreign states in certain agreements. 50 states have joined in 2 of them dealing with Juveniles, and Parolees. Full Faith and Credit: Clause that ensures that records such as birth certificates and Marriage licenses are recognized in all 50 states. Exceptions applies only to Civil Matters, and divorce issue (Vegas) Williams Vs North Carolina: a Couple who wanted a quickie divorce went to Las Vegas and after 6 weeks got the Vegas divorce and moved back to NC - but NC law refused to Recognize it. Extradition: Constitution background Privileges and Immunities clause: a state cannot draw unreasonable distinction between its own residents and those who live in another state You won t get the job first just b/c you live there. But you may get to pay less for your fishing and hunting licenses Should States be required to enforce Federal law? Probably Yes, because the survival of the Nation and The Federal Government depends on it what if it is a law the state doesn t like? Some states have recently decided not to enforce Fed law what will happen if more states choose not to follow the Fed s lead? How will it change the country Say a state votes to allow MJ Or a state votes not to have Obamacare Or a the Supreme Court says Gay Marriage should be allowed would a state have to follow it

15 Federalism History watch clip tell me about the following topics. Time permiting Federalism History 1. Dual Federalism Founding Fathers = States and Fed were Not = states stronger Articles of Confederation 2. Cooperative Fed FDR 1930s -60s Fed steps in with Gov. Help Programs (Fed becomes Strong 3. Creative LBJ 1960s = 1. (Fed Strong) give power back to the states for things like PBS, Head Start 4. NEW Nixon = 1. suppose to shift power back to the states (did not work) 5. Cooperative Carter = 1. Tried to Combine New and Creative not re-elected 6. NEW Reagan 1. States pay own money for things like mass transit and waste treatment Bush 1 continues program 7. Drift - Clinton 1. Tries to strengthen both ends up strengthening Fed. 8. GW - 1. Deals more with Foreign issues then Domestic Fed still strong 9. Progressive Fed Obama 1. State Gov. to lead the way environment and economy, but Natl. for Health care and Ed. and Second Term wants National Minimum Wage up Econ? X-Word

16 If Time: Discuss pg 110 new book Issues of our time The Fed and the Environment