Chapter 3: Federalism. Matching: Federalism Types FEDERALISM, COOPERATIVE FEDERALISM, FISCAL...

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Transcript of Chapter 3: Federalism. Matching: Federalism Types FEDERALISM, COOPERATIVE FEDERALISM, FISCAL...

  • Chapter 3: Federalism

  • Matching: Federalism Types

    FEDERALISM, COOPERATIVE FEDERALISM, FISCAL FEDERALISM, DUAL FEDERALISM, NEW FEDERALISM

    1. National and state governments are completely separate and should be kept separate

    2. How revenue sharing is determined among/between levels of government

    3. National and state governments sharing authority and/or powers

    4. Devolution: certain powers should be transferred from the national govt. back to the states

    5. National, state, and local governments work collectively to solve common problems rather than making policies separately

  • Federalism:the sharing and division of power between national, state, and local government

  • IntroductionAnti federalists feared the power of the national governmentconcerns realized throughout American history (Ex: Education)Shared power between federal and states allows both to influence policyIntergovernmental disputes rose over slavery.Business and Social Welfare Debates- Does the federal govt. have the right to intervene?

  • Founders Plan10th Amendment (Bill of Rights) limits the national govt.- states the Constitution's principle of federalism by providing that powers not granted to the federal government by the Constitution, nor prohibited to the States, are reserved to the States or the peopleSupreme Court has used the 10th Amend. to give more state sovereignty.

  • RIGHT SIDE:You feel that in order to run an effective and non conflicting government, the national government, state governments, and local governments should have clearly separated powers and must operate within their own matters concerning these powers.

    LEFT SIDE:You feel that in order to run an effective and non conflicting government, the national government, state governments, and local governments, ALTHOUGH HAVING SEPARATE POWERS, must cooperate and work together on certain powers and matters for the best interest of the citizens.

  • FederalismCOOPERATIVEDUAL

  • Dual FederalismBoth national and state governments are supreme in their own spheres- spheres should be kept separatePrintz v. U.S. 1997Federal law requiring background checks for gun purchase was ruled to violate the 10th Amendment* States can do anything that is not prohibited in the Constitution or by the federal govt.Police power: states power to put laws and regulations into place for safety, health, and morals (education, criminal codes, etc.)

  • Cooperative Federalism

    National, state, and local governments interact cooperatively to solve common problems, rather than making policies separatelyEx: Interstate v. Intrastate Commerce

    Gibbons v. Ogden 1824- Constitutions commerce clause gives national govt. power to regulate interstate commerce- expanded federal power!

  • Fiscal FederalismHow revenue sharing is determined among/between levels of government

  • New Federalism/Devolutionmovement to transfer responsibilities of governing from federal to state and local governments

    Trend since 1980s and 1990sGovernors are looking to reduce budgets by reducing public employee benefits.

  • Systems of GovernmentUnitary:federal/central government has starting authority

    Confederate: state governments have starting authority

    Federal: federal, state, and local governments share authority

  • McCulloch v. Maryland 1819Could Congress charter a national bank?YES, via the commerce clause to regulate commerce & money AND under the necessary and proper clause (elastic clause)- Article 1 of Constitution: allowing Congress to pass all laws necessary and proper to its duties.

    Could states tax a federal bank?NO, due to the Supremacy Clause

    **Increased federal power!

  • Nullificationstates had the right to declare null and void a federal law that they believed violated the Constitution- issue was settled by the Civil War

    - union is indissoluble, states can NOT nullify federal lawSupreme Court later confirmed this position.

  • What States Can DoEducation, healthcare, social welfare, criminal justice and law enforcement, roads/highways, taxesState ConstitutionsInitiative (50% of states):voters can place a legislative measure on a ballot by a 5-15% amount of signatures of past election voters (petition)Referendum (50% of states):voters can reject a piece of legislation passed by state legislature on a ballotRecall (only 20 states):voters can remove an elected official from office

  • The Contemporary Politics of FederalismSHOW INTRO., BASICS, & IN THE REAL WORLD!

  • Grants-In-AidMoney given to the states by the national governmentAllows federal government to spend money for purposes not authorized by the Constitution.1960s shifted from state interests to national interestsState and local lobbyists want less strings attached Attractive to states for the following reasonsFederal budget surplusesFederal income tax increased revenuesFederal control of money supplyFree money to states

  • Types of Grants-in-AidCategorical grants:federal grants for specific purposes (specific categories)(airports, bridges, highways, education)

    Often require local matching fundsNational govt. has more powerState agencies live and die off theseSupervising committees in Congress favor these type of grants.

  • Types of Grants-in-AidBlock grants:large amount of money given to the states by the federal government with state freedom to use for general use purposes (few restrictions)States prefer these rather than categoricalGrew more slowly due to the differences between the political coalitions that supported each.

  • Project GrantCategorical grants that fund specific projects and services within the states

  • Formula GrantCategorical grants allocated based on a decision rule Purpose is to allocate funding based on quantifiable variables (X amount of dollars per public school pupil)

  • Federal Aid & Federal ControlConditions of aid:terms/conditions set by the national govt. in order to receive federal funding

    Mandates:Federal rules that states must obey whether or not they receive federal grantsEx. Civil rights and environmental protectionWaivers can exempt some partiesCan result from court decisions (desegregation)

  • Incorporation DoctrineCertain amendments in the Bill of Rights MUST apply to states, not just be protected under national circumstances (1st, 4th, 5th, 6th, 8th, 9th, 14th, 15th)Began in 1920sConstitutional Doctrine to incorporate rightsBill of Rights provisions were made to protect from federal abuses.14th Amendment extended the Bill of Rights to the states via the due process clause.