FEDERALISMFEDERALISM

IntroductionIntroduction

What is Federalism?What is Federalism?

FederalismFederalismCentral feature of the Central feature of the

American political systemAmerican political systemDivision and sharing of Division and sharing of

power between the power between the national government and national government and the statesthe states

FederalismFederalismBalance of power between Balance of power between

the two levels of the two levels of government has spawned government has spawned some of the most intense some of the most intense controversiescontroversies

FederalismFederalismHistorically, national interests Historically, national interests

have clashed with states’ have clashed with states’ rightsrights

Even today--federalism is still Even today--federalism is still one of the most important one of the most important founding principles of the US founding principles of the US governmentgovernment

All All political systemspolitical systems may be evaluated may be evaluated according to their according to their

geographic geographic distribution of powerdistribution of power

What are the 3 What are the 3 political systems?political systems?

Political SystemsPolitical SystemsUnitary systemUnitary systemConfederal systemConfederal systemFederal systemFederal system

(1) Unitary System(1) Unitary System

One that concentrates all One that concentrates all policymaking power in one policymaking power in one central geographic placecentral geographic place

(2) Confederal System(2) Confederal System

Spreads the power among Spreads the power among many sub-units (such as many sub-units (such as states) and has a weak states) and has a weak central governmentcentral government

(3) Federal System(3) Federal System

Divides the power between Divides the power between the central government the central government and the sub-unitsand the sub-units

Which political Which political system does this system does this US have today?US have today?

All political systems All political systems fall on a continuum fall on a continuum

from the from the mostmost concentrated amount concentrated amount of power to the of power to the leastleast

Historical Historical Development of Development of

FederalismFederalismFederalism was carefully Federalism was carefully defined in the Constitution as defined in the Constitution as a founding principle of the US a founding principle of the US political systempolitical system

Historical Historical DevelopmentDevelopment

The nature of The nature of federalismfederalism is is dynamicdynamic and has been and has been shaped through the years by shaped through the years by lawslaws, , Supreme Court Supreme Court decisionsdecisions, and , and debates debates among prominent elected among prominent elected officials and statesmenofficials and statesmen

Federalism in the Federalism in the ConstitutionConstitution

When the colonies declared When the colonies declared their independence from their independence from Britain in 1776, they reacted Britain in 1776, they reacted against the British against the British unitaryunitary system in which all system in which all political political & economic power& economic power was was concentrated in Londonconcentrated in London

Federalism in the Federalism in the ConstitutionConstitution

Although the British did not Although the British did not impose this power consistently impose this power consistently until after the French & Indian until after the French & Indian War ended in 1763, new controls War ended in 1763, new controls on the colonial governments on the colonial governments during the 1760s became a during the 1760s became a major source of friction that led major source of friction that led to warto war

Federalism in the Federalism in the ConstitutionConstitution

During the American During the American Revolution, the states reacted Revolution, the states reacted to Britain’s unitary system by to Britain’s unitary system by creating the creating the Articles of Articles of ConfederationConfederation

Gave virtually Gave virtually all powers to all powers to the statesthe states

Federalism in the Federalism in the ConstitutionConstitution

Framers at the Constitutional Framers at the Constitutional Convention tried to balance Convention tried to balance the perceived tyranny of the the perceived tyranny of the unitary system with the chaos unitary system with the chaos created by the confederal created by the confederal system (Shay’s Rebellion)system (Shay’s Rebellion)

Federalism in the Federalism in the ConstitutionConstitution

Outlined a new hybrid Outlined a new hybrid federal system in the federal system in the ConstitutionConstitution

FederalismFederalism

FederalismFederalism became a became a major building block for major building block for preserving freedomspreserving freedoms while still while still maintaining maintaining orderorder in the new nation in the new nation

Summary - QuestionsSummary - Questions

What are the three political What are the three political systems?systems?

Which one does the US currently Which one does the US currently have?have?

Which system does Britain have?Which system does Britain have? Which one did the US have during Which one did the US have during

the Articles of Confederation? the Articles of Confederation? Confederate States during the Civil Confederate States during the Civil War?War?

What are Delegated What are Delegated Powers?Powers?

DELEGATED POWERSDELEGATED POWERS

U.S. Constitution grants the U.S. Constitution grants the national gov certain national gov certain delegated powersdelegated powers

Delegated powers are those Delegated powers are those that are specifically granted that are specifically granted to the fed gov by the to the fed gov by the ConstitutionConstitution

DELEGATED POWERSDELEGATED POWERS

DelegatedDelegated powerspowers are also are also called called expressedexpressed or or enumerated enumerated

Main delegated powers are:Main delegated powers are: (1) (1) War powerWar power (2) (2) Power to regulate Power to regulate

interstate or foreign commerceinterstate or foreign commerce (3) (3) Power to tax and spendPower to tax and spend

(1) The War Power(1) The War Power

National gov is responsible National gov is responsible for:for:

(A) (A) Protecting the nation Protecting the nation from external attacksfrom external attacks

(B) (B) Declaring war when Declaring war when necessarynecessary

(1) The War Power(1) The War Power

Today defense includes:Today defense includes:(A) Maintaining a standing (A) Maintaining a standing

army, navy, and air forcearmy, navy, and air force(B) Ability to mobilize (B) Ability to mobilize

industry and scientific industry and scientific knowledge to back the efforts knowledge to back the efforts of the militaryof the military

(2) Power to Regulate (2) Power to Regulate Interstate & Foreign Interstate & Foreign

CommerceCommerceNational gov has the National gov has the

responsibility to responsibility to regulate regulate commerce between the commerce between the U.S. & foreign nations, as U.S. & foreign nations, as well as trade between well as trade between statesstates (interstate commerce) (interstate commerce)

(2) Power to Regulate (2) Power to Regulate Interstate & Foreign Interstate & Foreign

CommerceCommerceThe commerce clause The commerce clause

((Article IArticle I, , Section 8, Clause Section 8, Clause 33) gives Congress the power ) gives Congress the power “to regulate Commerce with “to regulate Commerce with foreign nations, and among foreign nations, and among the several states, and with the several states, and with Indian tribes.”Indian tribes.”

(2) Power to Regulate (2) Power to Regulate Interstate CommerceInterstate Commerce

The government regulates a wide The government regulates a wide range of human activity, including:range of human activity, including:

AgricultureAgriculture TransportationTransportation FinanceFinance Product safetyProduct safety Labor relationsLabor relations WorkplaceWorkplace

(2) Power to Regulate (2) Power to Regulate Interstate & Foreign CommerceInterstate & Foreign Commerce

Few aspects of today’s Few aspects of today’s economy affect commerce in economy affect commerce in only one state, so most only one state, so most activities are subject to the activities are subject to the national government’s national government’s constitutional authorityconstitutional authority

(3) Power to Tax & Spend(3) Power to Tax & Spend

Even when Congress lacks Even when Congress lacks the constitutional power to the constitutional power to legislate (education), its legislate (education), its power to appropriate money power to appropriate money provides Congress with a provides Congress with a great deal of controlgreat deal of control

(3) Power to Tax & Spend(3) Power to Tax & Spend

When Congress finances an When Congress finances an undertaking, it determines undertaking, it determines how the money will be spenthow the money will be spent

Congress may threaten to Congress may threaten to withhold funds if a project withhold funds if a project does not meet federal does not meet federal guidelinesguidelines

(3) Power to Tax & Spend(3) Power to Tax & Spend

In recent years, Congress has In recent years, Congress has refused to finance a program refused to finance a program in which benefits are denied in which benefits are denied of race, color, or national of race, color, or national origin, and more recently, origin, and more recently, gender and physical handicapgender and physical handicap

DELEGATED POWERSDELEGATED POWERS

Other powers specifically Other powers specifically delegated to the national delegated to the national government include:government include:

Coining moneyCoining moneyEstablishing a postal systemEstablishing a postal systemRight of the government to Right of the government to

borrow against its creditborrow against its credit

What are Concurrent What are Concurrent Powers?Powers?

CONCURRENT POWERSCONCURRENT POWERS

All powers not granted in the All powers not granted in the Constitution to the national Constitution to the national government are reserved for government are reserved for the statesthe states

CONCURRENT POWERSCONCURRENT POWERS

States, however, may hold some States, however, may hold some of the same powers that the of the same powers that the national government has, unless national government has, unless they have been given exclusively they have been given exclusively to the national government, to the national government, either by provision of the either by provision of the Constitution or by judicial Constitution or by judicial interpretationinterpretation

CONCURRENT POWERSCONCURRENT POWERS

Concurrent powers are those Concurrent powers are those that both national and state that both national and state governments holdgovernments hold

Examples—levying taxes, Examples—levying taxes, establishing & maintaining establishing & maintaining separate court systemsseparate court systems

CONCURRENT POWERSCONCURRENT POWERS

Federalism limits state powers in Federalism limits state powers in that states cannot “unduly that states cannot “unduly burden” their citizens with taxesburden” their citizens with taxes

Neither can they interfere with a Neither can they interfere with a function of the national function of the national government, nor abridge the government, nor abridge the terms of a treaty in the U.S. terms of a treaty in the U.S. governmentgovernment

What re Reserved What re Reserved Powers?Powers?

RESERVED POWERSRESERVED POWERS

Powers held by the states alonePowers held by the states aloneThey are not listed (as They are not listed (as

delegated powers are), but they delegated powers are), but they are guaranteed by the 10are guaranteed by the 10thth Amendment as “reserved to the Amendment as “reserved to the states respectively, or to the states respectively, or to the people.”people.”

RESERVED POWERSRESERVED POWERS

Reserved powers include:Reserved powers include:Establishing a local Establishing a local

governmentgovernmentRegulating trade within a Regulating trade within a

state (Intrastate trade)state (Intrastate trade)

What are Prohibited What are Prohibited Powers?Powers?

PROHIBITED POWERSPROHIBITED POWERS

Prohibited powers are denied Prohibited powers are denied to either the national to either the national government, state government, state governments, or bothgovernments, or both

PROHIBITED POWERSPROHIBITED POWERS

Examples include:Examples include: Federal government cannot tax Federal government cannot tax

exports, and states governments exports, and states governments cannot tax imports or exportscannot tax imports or exports

States cannot make treaties with States cannot make treaties with or declare war with foreign or declare war with foreign governmentsgovernments