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
Federalism In a federal system, government is divided
between the national and sub-national
In the U.S., the state governments are the most
Local governments are units of the states.
Each level of government has its own
powers and responsibilities.
Often, their governmental spheres overlap.
Types of Governments Federal Government
Government is divided into more than one
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.
Only one central government has authority over
There are no levels of government that share
Most countries today have either a federal or
unitary form of government.
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
Defining FederalismUnitary Confederate Federal
Central Holds primary
activities of states
Shares power with
State Little or no
duties to central
Shares power with
Citizens Vote for central
Vote for state
Votes for both
state & central
Federalism Decentralizes Government
A federal system of government
Provides opportunities for political
participation at all levels:
Citizens can run for numerous government
positions or take part in campaigns at different
Citizens can elect local, state, and national
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.
Intergovernmental relations become especially
important in a federal system because of the
elaborate communication that is necessary to
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.
Policies may be discussed at both levels.
Issues of the economy, environment, and
equality are addressed by both federal and state
Debate arises over which level of
government should have authority over an
This debate facilitated the development of the
The courts determine whether a state or federal
law is constitutional.
Powers Delegated for the Federal Govt.
Regulate the economy and foreign and
Manage national military.
Direct foreign relations.
Powers Reserved for State Governments
Create local level of government.
Regulate intrastate commerce.
Conduct social policymaking.
Shared Powers by Both Federal and
Make and enforce laws.
Maintain court systems.
Allocate money for public needs.
Why is Federalism So Important?
Decentralizes our politics
More opportunities to participate
Decentralizes our policies
Which government should take care of which
States can solve the same problem in different ways.
The Constitutional Basis of
The Constitutional Basis of
The Division of Power (ladder of authority)
The U.S. Constitution
Laws of Congress
U.S. Supreme Court Decisions
The Division of Power
The writers of the Constitution carefully
defined the powers of the state and national
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.
Article VI (6) states that three items are the
supreme law of the land:
Laws of the national government, when
consistent with the Constitution.
Treaties, which can only be made by the
Located in Article I, section 8 of the
Lists powers granted to the national
government, and specifically to Congress.
The Tenth Amendment
Located in the Bill of Rights.
Grants all powers not specifically delegated
to the national government are reserved to
Often cited in arguments in favor of states
Established in McCulloch v. Maryland
Case involved the states battling the federal
government over the establishment of a national
The Supreme Court, under Chief Justice John
Marshall, ruled against the states, thereby
reinforcing the supremacy of the national
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.
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)
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
This clause helps coalesce the state laws under the
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
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.
States act as a national laboratory to
develop and test public policies
States share the results with other states and the
Helps unify the states by assuring that all
citizens are treated equally when they travel
from state to state.
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
Each level of government has distinct
responsibilities that do not overlap.
Ended in the 1930s
(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.
Federal guidelines: to receive funding, state
programs must follow federal rules and
Shared administration: though programs must
adhere to basic federal guidelines, they are
administered according to the states directives.