Chapter Four Federalism

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Chapter Four Federalism Instructor: Kevin Sexton Course: U.S. Political Systems Southeast Missouri State University

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Chapter Four Federalism. Instructor: Kevin Sexton Course: U.S. Political Systems Southeast Missouri State University. What is sovereignty? & Who has it?. Sovereignty : who has ULTIMATE AUTHORITY. In this class we will discuss GOVERNMENTAL SOVEREIGNTY. - PowerPoint PPT Presentation

Transcript of Chapter Four Federalism

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Chapter Four

Federalism

Instructor: Kevin SextonCourse: U.S. Political SystemsSoutheast Missouri State University

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What is sovereignty? &

Who has it?

Sovereignty: who has ULTIMATE AUTHORITY.

In this class we will discuss GOVERNMENTAL SOVEREIGNTY.• which government has the ultimate authority over a specific geographic region or area.

To better understand the concept lets look at the three most common forms of governmental structures found in the world:

1. Unitary2. Confederation

3. Federal

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Unitary Government

Unitary Form of Government:

• Sovereignty rests with one central government.

• The central government has the authority to create and disband all other levels of government.

• Most common of the three forms of government. •Great Britain and France are examples of this form.

• There are local governments in Great Britain and France, but they act primarily as administrative arms of the national/central government.

• In addition, they receive their legitimacy, or right to exist from the national/central government.

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Confederation

Confederation Form of Government:

• Sovereignty rests with each individual member of the group.

• National/central government receives its power or authority from the group of individual members.

• United States under Articles were an example of this.

• Southern States during the Civil War were another example.

• Many other examples of this type of relationship.• European Union• O.P.E.C.• A.F.L.C.I.O• SEMO’s Greek Council

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Federalism

Federal Form of Government:

• Sovereignty is shared between a national/central government and other levels of government (State Governments).

• The United States and Germany are examples of this form of government.

• Least common of the three forms of government.

• Sovereignty over the same geographic regions is shared by more than one governmental unit.

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Shared Sovereignty

Here are SOME of the governments that have sovereignty and/or power over you If you live in Cape Girardeau, Missouri:

& &United States Govt Missouri State Govt Cape Girardeau County

Govt

&• City of Cape Girardeau

• Cape Girardeau Public School District• Levee District

• Water and Sewer District• Fire District

• PLUS OTHERS

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Federalism & DemocracyFederalism strengthens America’s democratic ideals by:

1. Allowing many levels for issues to be addressed.2. Allowing many levels for individuals to be involved the

political process.3. Allowing many level for varying opinions and values to

be expressed, and represented. (In elected bodies)

Paradoxically, Federalism has also been a large part of why we continued to have racial discrimination well

into the 1970s.

What do you do when the local opinions and valuesSupport discrimination?

i.e. – voting laws, Jim Crow laws,…….

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State & National Governments

The State and National (federal) governments are the two major levels of government that we will focus on this

semester.

Why not include local governments in our study:

Dillion’s Rule states that local governments are the creationof states, and that state legislatures can create, alter or abolish them

at their discretion.

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Federalism in the United States

In the United States there are actually 51 different major governments.

One Federal Government&

Fifty State Governments

Each of one us, regardless of where we live are represented by elected officials, at both the

Federal and State Level.

SIMULTANEOUSLY

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How People Are Represented in a Federal Form of Government

Since each level of government (federal & state) issovereign each has its own rules and regulations (laws)

and each has individuals that are elected to createand manage those laws.

&You have individuals elected at each level torepresent you, at that level of government.

The Elected Officials Assignment is designed to ensureyou are aware of the organizations (state and national legislatures)

in which you have people that represent you at each level of government, and who those people are.

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National RepresentationEach American citizen has people elected/appointed to represent them in the national government, These people represent their constituents in Washington, D.C.

•They represent their constituents on Federal Issues.

• They Do not have the authority to tell states what to do on state and local issues.

President(Executive Branch)

Legislative branchU.S. Senate (2 from each state)

U.S. House of Representatives (9 from Missouri)

Judicial BranchU.S. Supreme Court

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State Representation

Each state citizen has people elected/appointed to represent them in the state Government. These people represent their constituents in their state capital (Jeff City).

Executive BranchGovernor

Legislative BranchA State Senate

&A State House of Representatives

All states, except Nebraska, have bi-cameral legislature

Judicial BranchState Supreme Court

•They represent their constituents on state issues.

•They do not have the authority to tell the federal government what to do on federal issues, even if they take place within their state.

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Shared PowerFederalism is based on the concept of SHARED POWER.

Anytime you share ANYTHING there must be rules and definitionsthat outline how the item will be shared.

i.e. shared custody of a child

Our political system has rules that define how power will be sharedbetween the various levels of government.

WHERE DO WE FIND THOSE RULES?

U.S. Constitution

Supreme Court DecisionsHave been needed to clarify some issues.

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U.S. Constitution and Federalism

Article VI, Paragraph 2 of the United States Constitution is known as the Supremacy Clause:

"This Constitution, and the laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be Supreme Law of the land; and the Judges in every state shall be bound

thereby, any thing in the Constitution or Laws of any state to the contrary notwithstanding.“

In short it states that:

The U.S. Constitution will the SUPREME LAW of the land

&

Federal Laws will take precedence over State Laws

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Supremacy ClauseThis does not mean that the Federal government

is always supreme.

The Federal government is only supreme on issuesthat the Federal government has authority or

when the State and Federal governments share power.

If the Federal government does not have the power to regulatean issue, then the state will be supreme.

In short:

When a State and Federal law conflict with each otherThe Federal law will be supreme.

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U.S. Constitution and Federalism(CONTINUED)

Article I, Section 8, Clause 3 of the U.S. Constitution is known as the Commerce Clause:

"To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

There is no question that the Federal government has the power to regulate INTERSTATE Commerce.

But…..

What is considered INTERSTATE COMMERECE.

It has changed over the years.

As the definition has changed the power of the Federalgovernment has grown.

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Powers of the Federal and State Governments

There are three basic types of powers dealt with in relation to the U.S. Constitution:

EnumeratedImplied

Reserved

HINT!!!

YOU WILL SEE THESE AGAIN!!!(ON THE FIRST EXAM)

TAKE GOOD NOTES ON THESE!!

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Enumerated PowersThose specific powers of the U.S. Congress listed in the

U.S. Constitution.

There are 18 specific powers of Congress listed.

They include (but are not limited to):

• Coin Money• Declare War• Tax• Create and operate Post Offices

SEE THE HANDOUNT AVAILABLE ON THE COURSE WEBSITE

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Implied PowersIMPLIED: To involve or indicate by inference, association, or necessary consequence rather than by direct statement.

OR….

Something that is assumed to exist, even though it is not expressly stated.

There are a number of powers that the Congress have thatare not enumerated or expressly listed.

Why then does Congress have those powers?

THE NECESSARY AND PROPER CLAUSEThe 18th power on the list of ENUMERATED POWERS

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THE NECESSARY AND PROPER CLAUSE

“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other

Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof”

Examples:

Why, in the 1960s, could you burn and American flag, but not your draft card?

McCullough v. Maryland (1818)

Could the State of Maryland NULLIFY the federal law creatingA national bank?

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Reserved PowersTenth Amendment to the U.S. Constitution

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved

to the states respectively, or to the people”.

Examples of Reserved Powers

1. Voting

2. Education

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Three Eras of Federalism in the U.S.

The relationship between each level of government in the U.S. has changed or evolved over the course of our history.

The Evolution of U.S. Federalism Can Be Broken Down Into Three Eras are:

1. Dual Federalism(Layer Cake Federalism)

2. Cooperative Federalism(Marble Cake Federalism)

3. Fiscal Federalism(Modern Federalism)

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Dual Federalism

Both Levels of government (nation and state) are completelysovereign within their own SPHERES of authority.

Each level’s SPHERE OF AUTHORITY was determined, primarily by the U.S. Constitution as was discussed on

the previous slides.

Federal Sphere of Authority

•18 Enumerated Powers

State Sphere of Authority

•10th AmendmentVERY CLEAR

LINE BETWEENTHE TWOLEVELS

From ratification ofThe Constitution

Until F.D.R. (Great Depression)

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Cooperative Federalism

Both levels of government continue to maintain sovereigntyOver many or most issues within their

SPHERES OF AUTHORITY. BUT…..

They begin to work together on some issues that are ofInterest to both LEVELS.

i.e. – Welfare of citizens during the Great DepressionMath and Science education after Sputnik

Begins with F.D.R. (Great Depression) and continues through World War II into present day.

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Cooperative Federalism(Continued)

No ClearLine BetweenTwo Levels

Of Gov’t

Educ

atio

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Med

icai

dLo

cal I

nfra

stru

ctur

e N

eeds

Begins with F.D.R. (Great Depression) and continues through World War II into present day.

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Fiscal Federalism

The STATE governments still maintain AUTHORITY overMany of the issues that had in the past, but the POWER

over many of those issues have been transferred to the FEDERAL government.

WHY HAS THIS TRANSFERE OF POWER TAKEN PLACE?

$$$$$$$$$$$$

It started in late 1930s, gained a lot of momentum and strength in the 1960s and 1970s and we continue to be in

this era of federalism.

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Federalism Today

Much of the relationship between the state and federal governments today are influenced by money.

It is how the federal government “got their foot in the door” of state issues, and it is how they keep pressure on the states to do what they would like them to do.

Examples:Helmet LawsBlood Alcohol LevelsAffirmative Action

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Fiscal FederalismHow Does It Work

The Federal Government passes money on to theState and local governments through a system

Known as GRANTS IN AID.

Three Basic Types of Grants in Aid:

1. Categorical Grants2. Block Grants

3. Revenue Sharing

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Categorical Grants

Used to address specific issues.

Group Receiving the funds are limited on what they can use the funds for.

Allows the federal government more control over how theFunds are used.

Preferred method of grant in aid of the federal government. About 90% of all federal grants dollars.

Example:• AFDC in 1960s thru 1980s.• Aid To Families With Dependent Children• Program designed to help address poverty.• Federal government gave funds to state, but they had to be administered in very specific manner.

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Block Grants

Used to address general topic area.

Group receiving funds are given much more flexibility in how they spend the funds.

Federal government has given less control.

Preferred method of grants for those conservatives favoring DEVOLUTION of more control back to the states.

Examples:

CSBG, CDBG, TANF, …….

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Revenue Sharing

Federal Government simply gives (shares) a certain percentage of the tax Revenue it gathers with each of the states.

This was the least restrictive of the grants in aid. Themoney could be used For whatever the state wanted to use.

It was a method created by conservative lawmakers (primarily Pres. Ford) in An attempt to DEVOLVE more power back to the states.

No longer used. Block Grants are the method now used to DEVOLVE more Power back to the states.

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Unfunded Mandates

What are they?

Why do the states stand for them?

Rules and regulations created by the federal governmentCalling for state or local governments to do something, Without providing the funds to carry it out.

i.e. – A.D.A.

Fear that not doing this will cause them to lose money forThis program, or worse yet, other programs as well.

EXAMPLE OF THE DIFFERENCE BETWEEN POWER AND AUTHORITY