Chapter 3: Federalism - U.S...Chapter 3: Federalism FEDERAL STATE LOCAL 1. Federalism ... Types of...

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Transcript of Chapter 3: Federalism - U.S...Chapter 3: Federalism FEDERAL STATE LOCAL 1. Federalism ... Types of...

  • Chapter 3: Federalism

    FEDERAL

    STATE

    LOCAL

    1

  • Federalism In a federal system, government is divided

    between the national and sub-national

    levels.

    In the U.S., the state governments are the most

    important level.

    Local governments are units of the states.

    Each level of government has its own

    powers and responsibilities.

    Often, their governmental spheres overlap.

    2

  • Types of Governments Federal Government

    Government is divided into more than one

    level.

    Different bodies share power over the same

    group of people.

    Every citizen of the U.S. must obey both federal

    laws and the laws of his/her state.

    3

  • Unitary Governments

    Only one central government has authority over

    the nation.

    There are no levels of government that share

    power.

    Most countries today have either a federal or

    unitary form of government.

    4

  • Confederation

    An association of states with some authority

    delegated to a national government.

    The states in a confederate system retain most

    of the power, but the national government is

    authorized to carry out some functions, such as

    diplomatic relations.

    5

  • Defining FederalismUnitary Confederate Federal

    Central Holds primary

    authority

    Regulates

    activities of states

    Limited powers

    regarding states

    Shares power with

    the states

    State Little or no

    powers

    Regulated by

    central

    government

    Sovereign

    Allocate some

    duties to central

    government

    Shares power with

    the central

    government

    Citizens Vote for central

    government

    officials

    Vote for state

    government

    officials

    Votes for both

    state & central

    officials

    6

  • Federalism Decentralizes Government

    A federal system of government

    decentralizes power.

    Provides opportunities for political

    participation at all levels:

    Citizens can run for numerous government

    positions or take part in campaigns at different

    levels.

    Provides access:

    Citizens can elect local, state, and national

    representatives.

    7

  • Decision-making occurs at all levels:

    Decisions can be made at lower levels, thereby

    allowing the federal government to concentrate

    more fully on fewer issues.

    Political parties can function at two levels:

    The loss of any one election does not pose as

    serious a setback.

    It is less likely that one party will dominate the

    whole political system.

    8

  • Intergovernmental relations:

    Intergovernmental relations become especially

    important in a federal system because of the

    elaborate communication that is necessary to

    share power.

    9

  • Decentralized Policy

    Policymaking is shared between levels.

    Often, states act as innovators by trying out

    new laws before they are adopted nationally.

    Policies can be made separately.

    Family and social issues are usually addressed

    by state laws.

    10

  • Policies may be discussed at both levels.

    Issues of the economy, environment, and

    equality are addressed by both federal and state

    laws.

    Debate arises over which level of

    government should have authority over an

    issue.

    This debate facilitated the development of the

    court system.

    The courts determine whether a state or federal

    law is constitutional.

    11

  • Powers Delegated for the Federal Govt.

    Coin money

    Regulate the economy and foreign and

    interstate commerce.

    Declare war.

    Manage national military.

    Direct foreign relations.

    12

  • Powers Reserved for State Governments

    Create local level of government.

    Regulate intrastate commerce.

    Hold elections.

    Ratify amendments.

    Conduct social policymaking.

    13

  • Shared Powers by Both Federal and

    State Governments

    Make and enforce laws.

    Collect taxes.

    Maintain court systems.

    Allocate money for public needs.

    Propose amendments.

    14

  • Defining Federalism

    Why is Federalism So Important?

    Decentralizes our politics

    More opportunities to participate

    Decentralizes our policies

    Which government should take care of which

    problem?

    States can solve the same problem in different ways.

    15

  • The Constitutional Basis of

    Federalism

    16

  • The Constitutional Basis of

    Federalism

    The Division of Power (ladder of authority)

    The U.S. Constitution

    Laws of Congress

    Treaties

    U.S. Supreme Court Decisions

    State Constitutions

    State Laws

    17

  • The Division of Power

    The writers of the Constitution carefully

    defined the powers of the state and national

    governments.

    The supremacy clause deals with the

    question of which government should

    prevail in disputes between the states and

    the national government.

    In cases of discrepancy, federal laws usually

    supersede state laws.

    18

  • Supremacy Clause

    Article VI (6) states that three items are the

    supreme law of the land:

    The Constitution

    Laws of the national government, when

    consistent with the Constitution.

    Treaties, which can only be made by the

    national government.

    19

  • Enumerated Powers

    Located in Article I, section 8 of the

    Constitution.

    Lists powers granted to the national

    government, and specifically to Congress.

    20

  • The Tenth Amendment

    Located in the Bill of Rights.

    Grants all powers not specifically delegated

    to the national government are reserved to

    the states.

    Often cited in arguments in favor of states

    rights.

    21

  • Implied Powers

    Established in McCulloch v. Maryland

    (1819)

    Case involved the states battling the federal

    government over the establishment of a national

    bank.

    The Supreme Court, under Chief Justice John

    Marshall, ruled against the states, thereby

    reinforcing the supremacy of the national

    government.

    22

  • Implied powers come from the Elastic

    clause of the Constitution.

    Located in Article 1, Section 8

    Also called the necessary and proper clause

    Gives Congress the authority to pass any laws

    necessary to carry out its duties as enumerated

    in the Constitution.

    23

  • The elastic clause, as interpreted in

    McCulloch v. Maryland, allows Congress to

    act on implied powers that are not

    specifically defined in the Constitution.

    Gibbons v. Ogden (1824) further expanded

    Congress implied powers to regulate

    commerce between the states. (interstate)

    24

  • Full Faith and Credit Clause

    A States obligations to all other states are

    outlined in Article IV (4).

    States are required to give full faith and credit to

    the public acts, records, and civil proceedings of

    every other state.

    Each state must formally recognize the documents

    and judgments handed down by courts in other

    states.

    This clause helps coalesce the state laws under the

    national umbrella.

    25

  • Extradition Located in Article IV, Section 2.

    Requires the return (extradition) of fugitive

    criminals arrested in one state to the state in which

    the crime was committed for prosecution.

    States are required to return a person charged

    with a crime in another state to that state for trial

    or imprisonment when the governor of the state

    demands it.

    26

  • Privileges and Immunities Clause

    Citizens of each state receive all the

    privileges and immunities of any other state

    in which they happen to be.

    Located in Article IV, Section 2.

    27

  • States act as a national laboratory to

    develop and test public policies

    States share the results with other states and the

    national government.

    Helps unify the states by assuring that all

    citizens are treated equally when they travel

    from state to state.

    28

  • Intergovernmental

    Relations Today

    29

  • Dual Federalism (layer cake federalism)

    Definition: A system of government in

    which both the states and the national

    government remain supreme within their

    own spheres, each responsible for some

    policies.

    Each level of government has distinct

    responsibilities that do not overlap.

    Ended in the 1930s

    30

  • Cooperative Federalism

    (marble cake federalism)

    Definition: A system of government in which

    powers and policy assignments are shared

    between states and the national government.

    Shared costs: to receive financial aid, states

    must pay for part of the program.

    31

  • Federal guidelines: to receive funding, state

    programs must follow federal rules and

    regulations.

    Shared administration: though programs must

    adhere to basic federal guidelines, they are

    administered according to the states directives.

    32