Chapter Three: Federalism. Issue starting with Articles of Confederation Founders wanted a...
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Transcript of Chapter Three: Federalism. Issue starting with Articles of Confederation Founders wanted a...
Chapter Three: Federalism
Issue starting with Articles of Confederation Founders wanted a representative national
government and states as governing bodies
Nation vs. State Rights
Federalism: the division of sovereignty, or ultimate governance, between a national government and a regional government
A part of the system of checks and balances Another issue of debate during the
constitutional convention
Federalism
States' rights refers to the idea that U.S. states possess certain rights & political powers in relation to the federal government.
A commonly cited source for states' rights is the 10th Amendment to the Constitution, which is part of the Bill of Rights
State’s Rights
The states' rights concept is usually used
1) to defend a state law that the federal government seeks to override
2) to oppose a perceived violation by the federal government of the bounds of federal authority.
State’s Rights
The U.S. Constitution establishes a government based on "federalism," or the sharing of power between the national, and state (and local) governments.
U.S. Constitution
Our power-sharing form of government is the opposite of "centralized" governments, such as those in England and France, under which national government maintains total power.
U.S. Constitution
Enumerated powers: those specifically expressed in the Constitution
Enumerated Powers
Implied powers: the authority to take action not expressly authorizes or written in the constitution
Founders left Constitution vague in some areas on purpose so there would be room for interpretation.
Implied Powers
Under the Constitution, powers reserved to the national government include:
Print money (bills and coins)
Declare war
Establish an army and navy
Exclusive Powers of the National Government
Enter into treaties with foreign governments
Regulate commerce between states and international trade
Exclusive Powers of the National Government
Establish post offices and issue postage
Make laws necessary to enforce the Constitution
Exclusive Powers of the National Government
Powers reserved to state governments include:
Establish local governments
Issue licenses (driver, hunting, marriage, etc.)
Exclusive Powers of State Governments
Regulate intrastate (within the state) commerce
Conduct elections
Ratify amendments to the U.S.
Exclusive Powers of State Governments
Reserved powers are the powers of the state. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the states.”
Powers of the State
Early 1800s 4th Chief Justice of the Supreme Court, John
Marshall, established the Supremacy Clause Marshall asserted that the laws adopted by
the federal government, when exercising its Constitutional powers, are generally paramount over any conflicting laws adopted by state governments.
McCulloch v. Maryland
State Constitutions
Each of the 50 states has its own constitution
http://access.wa.gov
State Constitutions
All provisions of state constitutions must comply with the U.S. Constitution
For example, a state constitution cannot deny accused criminals the right to a trial by jury, as assured by the U.S. Constitution's 6th Amendment
State Constitutions
Trend 1: expansion of national authority which started with President Roosevelt in the 1930’s (ex. Social security)
Federalism Today
Trend 2: Devolution—passing down of authority from the national government to state governments (ex. Welfare reform under President Clinton)
Federalism Today
Can sway policy Example: During depression, states wanted
more national government interaction
The Public’s Influence
Example: In 1990’s the public wanted less national involvement and welfare reform occurred
Boundaries between roles of state and national governments can change
The Public
Exists a division of authority between national and state governments
Constitution both helped define national government and protect state governance
Trends exist and can influence power
Summary