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Government Structure and Federalism

Major Types of Government

Where is the power? Unitary Confederation Federal

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Structure of Federalism

Federalism Division of power between national and

state governments. Federalism Expressed Powers Enumerated Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers

Article I, Section 8 Article I, Section 8, Clause 18 “necessary and proper clause”

NOVEMBER 17TH

QUIZ – POP QUIZ SHEET 10 QUESTIONS WORTH 20 POINTS

CONTINUE TO UNDERSTAND FEDERALISM

“relationship”

Federalism Articles in Constitution Amendments to the Constitution Legislation Court Cases State Law vs. Federal Law Society Presidency Congress State Governors/State Legislatures Political Parties Politics

Economic Events Social Events

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Structure of Federalism

History of Federalism

Federalists Anti-Federalists

A slight disagreement over what?

History of Federalism

Federalists Anti-Federalists

RATIFICATION OF

RATIFICATION OF CONSTITUTIONFEDERALISTS ANTI-FEDERALISTS

Federalism

Division of power between national and state governments. Expressed Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Denied Powers

Is the word Federalism written in the Constitution?

Page 760

FEDERALISM

List the Articles and Amendments in Constitution that deal with Federalism

Page 760

Powers granted and denied

Article I, Article II, Article III, Article IV, Article V, Article VI, and Article VII

Article I Section 8 Article I Section 8 Clause 18 Article I Section 9 Article I Section 10 Amendments 1,3,4,5,6,7,8,9,10,13,14,15,16,19,21,24,26

November 21, 2011

Federalism Continued Powers of each Level of Government Federal Government

Limited or Unlimited Powers General Welfare Commerce Clause

http://www.usdebtclock.org/

FEDERALISM

What does the “C” do?

Powers granted and denied

Article I, Article II, Article III, Article IV, Article V, Article VI, and Article VII

Article I Section 8 Article I Section 8 Clause 18 Article I Section 9 Article I Section 10 Amendments 1,3,4,5,6,7,8,9,10,13,14,15,16,19,21,24,26

Exclusive Powers of the National Government

Under the Constitution, powers of the national government include: Print money (bills and coins)

Declare warEstablish an army and navyEnter into treaties with foreign governmentsRegulate commerce between states and international tradeEstablish post offices and issue postageMake laws necessary to enforce the Constitution

Exclusive Powers of State Governments

Powers reserved to state governments include: Establish local governments

Issue licenses (driver, hunting, marriage, etc.)Regulate intrastate (within the state) commerceConduct electionsRatify amendments to the U.S. ConstitutionProvide for public health and safety

Powers Shared by National and State Government

Shared, or "concurrent" powers include: Setting up courts

Creating and collecting taxesBuilding highwaysBorrowing moneyMaking and enforcing lawsChartering banks and corporationsSpending money for the betterment of the general welfareTaking (condemning) private property with just compensation

Neither National nor State Governments may

Permit slavery 13th Deny citizens the right to vote due to

race, color, or previous servitude 15th

Deny citizen the right to vote because of gender 19th

We The People

Are these specific expressed powers?

Implied Powers?

Where does Congress get the power to carry out these services?

RoadsSchoolsClean airSafe transportationSafe foodPrisonsParksHealth careHousingUnemployment BenefitsClean energy at a low priceNational DefenseWelfareSocial Security benefits

Collect money

Income tax Payroll tax Corporate tax Excise tax

Tariffs from 1790 to 1913 Income Tax 1913 with the 16th Amendment

Spend it

November 22, 2011

Article I Section 8 Clause 1

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

We The People

Are these specific expressed powers?

Implied Powers?

Where does Congress get the power to carry out these services?

RoadsSchoolsClean airSafe transportationSafe foodPrisonsParksHealth careHousingUnemployment BenefitsClean energy at a low priceNational DefenseWelfareSocial Security benefits

General Welfare1. What does this General Welfare mean?

2. What does this General Welfare mean?

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

“promote the general welfare”

“provide for the general welfare”

What does it really mean?

“promote the general welfare” “provide for the general welfare”

Federal Aid, Federal Benefits, or Federal Funds Directly assists or benefits the American

Public Education Health Public safety Public welfare Public works

“promote the general welfare”

http://www.panthercountry.org/olc/class.aspx?id=274&s=220

Super-Committee

http://www.cnn.com/video/?hpt=hp_c3#/video/politics/2011/11/09/explain-it-to-me-super-committee.cnn

NEXT SLIDE – Video clip 3 minutes

Commerce Clause

Article I, Section 8, Clause 3

“ [The Congress shall have Power]

To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes; ”

Relationship Changes - History

Not just understanding the Constitutional Powers but the Influences too.

Politics Political Parties Political Ideologies Social needs Economic needs Congress President Courts Individual liberty States

Is one level of government better equipped to deal with certain problems, concerns, needs or issues?

Article I Section 8 Clause 3– Commerce Clause and the Role of the Judicial Branch

1787 – 1930 minimal involvement of National Government

1930 – 1990– broad interpretation and expansive powers of National Government

1990’s to present – Supreme Court reduces the power of Congress when it comes to the use of the commerce clause

Examples of “commerce clause”

C-span clips

Videos – Federalism Folder

1. Federal Wolves at the Door

2. Using Federal Dollars To "Buy" Interstate Highway Safety

3. When Welfare Depends on Where You Live

2009

Relationship Changes - History

Social and Economic reasons

December 9, 2011

Fracking

Utica Shale Area

Problems or Issues in Society

Fracking

Problems in Society

Is one level of government better equipped to deal with certain problems?

1. Choose a Problem or Issue

2. What level of government

should be the primary problem solver for

this issue?

3. Should the government not play a role in

solving this problem?

Article I Section 8 Clause 3

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

Article I Section 8 – Commerce Clause

1787 – 1930 minimal involvement of National Government

1930 – present – broad interpretation and expansive powers of National Government

Relationship Changes - History

Social and Economic reasons

ARTICLE IV

Section 4 - Republican government The United States shall guarantee to

every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

The Major Disaster Process

Federalism

Division of power between national and states.

Relationships form and exist and change

$

Politics of Federalism

Policies of President and Congress impact this relationship.

Social and Economic Conditions

The Politics of Federalism

1. Dual Federalism “layered cake”

2. Cooperative Federalism “marble cake”

3. New Federalism “on your own federalism”

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The Politics of Federalism Dual federalism – co-equals

Dominant until 1930s States and national government had distinct,

separate realms

Cooperative federalism – elastic clause States and national government cooperate Often, national government funds, while states

implement

Regulatory federalism National government sets conditions for funding and

thus regulates state actions Unpopular with states – mandates – money dries up

We The People

RoadsSchoolsClean airSafe transportationSafe foodPrisonsParksHealth careHousingUnemployment BenefitsClean energy at a low priceNational DefenseWelfareSocial Security benefits

Collect money

Income tax Payroll tax Corporate tax Excise tax

Tariffs from 1790 to 1913 Income Tax 1913 with the 16th Amendment

“promote the general welfare”

“promote the general welfare”

http://www.panthercountry.org/olc/class.aspx?id=274&s=220

Spend it

“promote the general welfare”

Federal Aid, Federal Benefits, or Federal Funds Directly assists or benefits the American

Public Education Health Public safety Public welfare Public works

Federal Student Aid

Grants-In-Aid

Makes up 25% of all State and Local government spending.

What does this mean?

Power and influence of Fed in State and Local (blurs the division of powers)

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Funding Federalism - Federal Grants

Categorical Money appropriated for specific purposes (strings

attached) School lunches, airport construction and wastewater

treatment plants

Project Local governments and organizations write grant proposals

(application)

Block grants Broad purposes, e.g. economic development, social services

and health care (less strings attached)

Revenue Sharing States get proportional “share” of taxes collected by federal

government to spend on any purpose 1972-1987

Revenue back to States

http://www.huffingtonpost.com/2010/03/10/the-federal-aid-jackpot-s_n_492411.html#s73097

Politics

1970’s Balance of Payments

Paying more in taxes than it was receiving in federal spending.

Federal Revenue Returns to the States

http://www.taxfoundation.org/files/fedspend_per_taxesbystate-20071009.swf

State budget Crises (Panic) and Federalism

http://www.cbpp.org/slideshows/?fa=stateFiscalCrisis

How do you “FIX IT”?

1. Where would you find the “necessary and proper clause”?

Article I, Section 8, Clause 18

2. The “necessary and proper clause” is also called the ______ ________.

Elastic clause

3. Federal Powers are called? (5)

Delegated Expressed Enumerated Implied Inherent

4. State powers are called?

Reserved powers

5. Where would you find those state powers?

10th amendment

6. Where would you find the powers of congress?

Article I, Section 8

Matching 16th Reserved powers Expressed powers Implied powers Inherent powers Delegated powers Necessary and proper clause Article VI/Supremacy Clause Social and Economic conditions Grants-in-aid programs Dual federalism Cooperative Federalism Block Grants Article V

Multiple Choice, Completion, and Short response

1970s tracking of money Colleges and Universities may charge higher tuition Concurrent powers Enabling act directs territory to do what States honoring legality of other state Extradition Obligation of NG to States Revenue sharing advantage Basic characteristic of Federalism McCulloch v Maryland ruling based on Without expressed powers there would be no Framers included supremacy clause because States receive grants in aid and NG gains Fed to make grants in aid comes from what expressed power Monies to help fund school lunch programs is an example of what federalism Federalists and Anti-Federalists

http://www.cnn.com/2011/11/14/politics/health-care/index.html?hpt=hp_t1#

Federalism Division of power between national and

state governments. Federalism Expressed Powers Enumerated Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers

20 Point Quiz

POP Quiz Sheet 2nd Quiz

Question 1

The failed system of government that the United States tried during and following the American Revolutionary War.

Federalism Confederation Expressed Powers Enumerated Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8

Clause 18

Question 2

is system of government in which a written constitution divides the powers of a government on a territorial basis between a central, or national, government and several regional governments, usually called states or provinces.

Federalism Confederation Expressed Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8

Clause 18

Question 3

Implied, expressed, and inherent powers are ______________ granted to the National Government in the Constitution.

Federalism Confederation Expressed Powers Enumerated Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8

Clause 18

Question 4

Are not expressly stated in the Constitution but are reasonably suggested by the expressed powers

Federalism Confederation Expressed Powers Enumerated Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8

Clause 18

Question 5

are delegated to the National Government in so many words…. Spelled out in the Constitution (27 to Congress)

Federalism Confederation Enumerated Powers Expressed Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8

Clause 18

Question 6

belong to the National Government because it is the national government of a sovereign state in the world community.

Federalism Confederation Expressed Powers Enumerated Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8

Clause 18

Question 7

Are those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States

(10th Amendment)

Federalism Confederation Expressed Powers Enumerated Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8

Clause 18

Question 8

Are those powers that

both the national

Government and the

States possess and

exercise.

Federalism Confederation Expressed Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8

Clause 18

Question 9

where would you find these three words “necessary and proper”

Federalism Confederation Expressed Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8

Clause 18

Question 10What does the “C” represent?

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Structure of Federalism