Federalism American Goverment. What is Federalism? A form of government that separates power between...

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Transcript of Federalism American Goverment. What is Federalism? A form of government that separates power between...

  • FederalismAmerican Goverment

  • What is Federalism?A form of government that separates power between a central government (D.C.) and State governments (Wisconsin).Local governments are created by the State and have no sovereign power of their own.Meaning a local government relies on the State and National constitution.

  • Government under U.S. Constitution (Federation): 1789 -

  • The Flow of Power in Three Systems of Government

  • Federal SystemsAdvantages DisadvantagesPermits diversity and diffusion of powerLocal governments can handle local problems betterMore opportunities for political participationProtects individual rights against concentrated government powerFosters experimentation and innovationSuits a large country with a diverse populationMakes national unity difficult to achieve and maintainState governments may resist national policiesMay permit economic inequality and racial discriminationLaw enforcement and justice are unevenSmaller units may lack expertise and moneyMay promote local dominance by special interests

  • Number of Governments in the United States3,143

  • Number of GovernmentsIn America there are close to 89,000 governments. About half of these units are school or other special districts, and many of the remaining governments are townships and municipalities. There are over 3,000 counties 50 state governments and one federal government.

  • Formal Constitutional FrameworkThe national government has only those powers delegated to it by the ConstitutionThe national government is supremeThe state governments have reserved powers; meaning those powers neither assigned to the national government nor denied to the statesSome powers are specifically denied to both the national government and the state government

  • RESERVED POWERSCONCURRENT POWERSEXPRESSED & IMPLIED POWERSRESERVED POWERSFEDERALISM

  • Three Powers of the National Government

  • Expressed powersInherant PowersvetoConstitutionalismRule of lawDefinition:Added Info:Examples:Picture:Chapter 4, Section 1Expressed powers of Congress: coin money raise armed forces levy taxes Necessary and Proper ClauseThe powers clearly specified in Articles I, II and III of the Constitution

    Expressed powersYes!The powers specifically given to the three branches by the constitution

  • Implied PowersInherant PowersvetoConstitutionalismRule of lawDefinition:Added Info:Examples:Picture:Chapter 4, Section 1building the interstate highway system banning racial discrimination in public placesSocial Securitypowers not specifically mentioned but suggested by the expressed powers

    Implied powersYes!The elastic clause(it stretches to fit)Elizabeth Eckford in front of Little Rock Central 1957

  • Elastic ClauseconcurrentInherant PowersvetoConstitutionalismRule of lawDefinition:Added Info:Examples:Picture:The vagueness has allowed to Federal government to greatly increase its power in relation to the StatesGives Congress the power to make all laws necessary and proper for carrying out its expressed powersCommon nickname for the necessary and proper clauseElasticClauseYes!Chapter 4, Section 1

  • Inherent PowersvetoConstitutionalismRule of lawDefinition:Added Info:Examples:Picture:Chapter 4, Section 1 acquiring territory defending the nation regulating immigration conducting diplomacy

    Not based on the ConstitutionEvery national government has certain powersInherent PowersYes!

  • 2) The power of congress to tax and spend money is an example ofA) an implied powerB) an express powerC) an inherent powerD) All of the above

  • Powers Denied to the StatesMaking treaties with foreign governmentsKeeping troops or ships in time of peaceAuthorizing private persons to prey on the shipping and commerce of other nationsCoining money, issuing bills of credit, or making anything but gold and silver coin legal tender in payment of debtsTaxing imports or exportsTaxing foreign shipsEngaging in war

  • Quick Assessment1) State governments have historically been strong guardians against A) segregation B) discrimination C) slavery D) none of the above

  • 2) State governments are A) stronger than ever B) continuing to lose power C) weaker than ever D) irrelevant Police Power: In the U.S., most police power is reserved to the states.

  • 3) State regulation of their economies have led some business interests to call for A) state compactsB) decreased federal controlC) increased federal regulationD) none of the above

  • Interstate RelationsArticle IV of the Constitution attempts to resolve potential problems between states by stipulating the following:

    Full faith and creditPrivileges and immunitiesExtraditionInterstate compacts

  • Political Culture: Reflected in States Policies

  • Gay couples renew their vows to each other in this ceremony in San Francisco's Metropolitan Community church. States must give full faith and credit to each others public acts, records, and judicial proceedings; extend to each others citizens the privileges and immunities it gives its own; and return fugitives from justice.

  • The Role of the Federal Courts: Umpires of FederalismMcCulloch v. Maryland (1819) Gibbons v. Ogden (1824)Federal Courts and the Role of StatesThe Great Debate: Centralists vs. DecentralistsThe Decentralist Position - favor state or local action rather than national action.The Centralist Position - favor national action over action at the state and local levels.

  • The Great DebateCentralistsAbraham Lincoln, FDRReject the idea that the Constitution is an interstate compactNational government is the government of all the peopleDecentralistsAntifederalists, Thomas Jefferson, Ronald ReaganConstitution is a compact among sovereign statesNational government should not interfere with activities of the statesDevolution revolution, states rightsThe National Courts and Federalism

  • Defining Constitutional PowersThe Supreme Court and the Role of CongressMcCulloch v. Maryland Bettmann /CorbisChief Justice John Marshall: Let the end be legitimate. Affirmed that the power of Congress is not strictly limited to the expressed powers. Marshall held that Congress has implied powers to carry out the expressed powers.This case set the precedent for the national government to regulate a wide range of economic activities.

  • Types of Federal GrantsIn 1996 there was a shift from categorical grants to block grants

    2 types of categorical grants:Formula grantsProject grants

    Block grantsFar more flexiblePurposes of Federal Grants to State and Local Governments2007in billions$95 $216.5 $57.9 $51.5

  • Where the Money Goes Increase in Federal Aid to State and Local Governments Since 1950Formula Grants

  • Utility of Federal GrantsTo supply state and local governments with revenueTo establish minimum national standards for such things as highways and clean airTo equalize resources among statesTo attack national problems yet minimize the growth of federal agencies

  • Quick Assessment 1) Federal grants serve four purposes, one of which is to equalize state revenues. provide government with a way to levy more taxes. supply the Supreme Court with revenue. supply the state and local governments with revenue.

  • 2) Which type of federal grants "are allocated by formula and are subject to detailed federal conditions?" A) block grants B) categorical-formula grants C) project grants D) revenue-sharing grants

  • 3) If you are not a government agency but have a proposal for a program, you might apply for a A) loan B) special-funds grant C) project grant D) none of the above

  • 4) A rule or regulation handed down to the states without money attached is called A) unfunded mandates B) unitary government C) regulatory infringement D) line-item regulation

  • Accomplishments of Federal AuthorityCivil rights & the War on PovertyEconomic reliefStates favor the status quoThe Shift Toward Central Government Spending

  • The Politics of Federalism, a Republican IssueThe Growth of Big GovernmentThe Devolution Revolution: Rhetoric Versus RealityNew Federalism. Beginning with President Richard Nixon (19691974), the Republican Party championed devolution, or the transfer of powers from the national government to the states. They called this policy federalism, a new use of the term.Under current conditions liberals may have pragmatic reasons to support states rights in some instances, such as in gay rights issues.

  • A new survey from the Pew Research Center finds wide gaps in how different generations view politics.Older voters (Silent) are more conservative, more angry at the government and less hopeful about the future of the country.

  • The Publics View of the Role of GovernmentSource: Washington Post, 2008

  • Quick Assessment1) Americans trust in the federal government has A) remained unchanged B) grown in recent years C) historically been lowD) declined in recent years

  • 2) Those who favor state or local action rather than federal action are calledA) patriotsB) decentralistsC) confederatesD) unifiers

  • 3) The "devolution revolution" refers toA) reductions in the power of state governmentsB) reductions in the value of the American dollarC) a movement begun by 1974 to shift federal responsibilities to the statesD) none of the above

  • The Future of Federalism"Federalism has a dark history to overcome. For nearly two hundred years, states' rights have been asserted to protect slavery, segregation, and discrimination." "One national dumb rule is better than 50 inconsistent rules of any kind," says a lawyer who represents trade groups in the food industries and medical devices. Some evidence suggests that the anti-Washington sentiment "is 3,000 miles wide but only a few miles deep."

    Divides power between the national and lower level governments. Each government has distinct powers that the other governments cannot override. Examples: Australia, Brazil, Canada, Germany, India, Mexico, and the United States.***In 1787, federalism was a compromise between centrists who supported a strong national government and those who favored decentralization. Confederation was unsuccessful and unitary was impossible given the attachment to state governments.Federalism has some advantages. First, U.S. citizens tend to connect federalism to freedom because any level can challenge any other level. Second, the nation is very diverse but federalism allows there to be differences on policy while also having the nation in common. Third, experimentation is possible in a federal system because states become laboratories of democracy. Fourth, leaders can cut their teeth on how to run governments at a lower level before they enter the national conversation. Finally, the number of levels allows citizens to be involved in their government as thousands of U.S. adults serve.Federalism has some disadvantages. First, dividing power means that national problems are not responded to quickly Katrina, 9/11 are examples of this problem. Second, citizens have a hard time holding elected officials accountable because it is hard to see who is responsible when things go well or go badly. Third, there is conflict across state lines. Finally, the more variation in policies there is, the more inefficient the system works.With about 89,000 separate governmental units in the U.S. today, it is no wonder that intergovernmental relations in the U.S. are so complicated. Actually, the number of school districts has decreased over time, but the number of special districts created for single purposes, such as water, sewage, flood control, has increased from only 8,000 during WWII to over 37,000 today.***The national government has the constitutional authority, stemming primarily from the national supremacy article, from its powers to tax and spend and to regulate commerce among the states, and from its war powers, to do what Congress thinks is necessary and proper to promote the general welfare and to provide for the common defense. These constitutional pillars have permitted tremendous expansion of the functions of the federal government.*B**D*A*C*States must give full faith and credit to each others public acts, records, and judicial proceedings; extend to each others citizens the privileges and immunities it gives its own; return fugitives from justice and settle disputes with one another without the use of force, either via the Supreme Court or negotiations.Three clauses in the Constitution require states to treat each other well.Full faith and credit requires each state to recognize the civil judgments rendered by the courts of the other states and to accept their public records as valid.Interstate privileges and immunities means that states must give citizens of other states the same treatment they give their own citizens.Extradition means that a person who has fled one state will be turned over to the state from which he or she is fleeing.Interstate compacts are the agreements between states to settle disputes the Congress usually approves of these compacts.States tend to have a more liberal or more conservative political culture, which isreflected in their policies, whether for moral issues or other issues.**The "Full Faith and Credit Clause" is Article VI, Section 1, of the U.S. Constitution. This article maintains that state courts must enforce the judgments of courts in other states and accept their public records and acts as valid. This clause became controversial in 1998 when courts in Hawaii permitted same-sex marriages. With presidential support, Congress passed the Defense of Marriage Act, which relieved other states from any obligation to honor Hawaiian gay marriages.The Decentralist Position: Views the Constitution as a compact among states that gives the central government very little authority.The Centralist Position: The central government should be denied authority only when the Constitution clearly prohibits it from acting.*From the beginning of the Republic, there has been a debate about the proper distribution of powers, functions, and responsibilitiesthe two sides have literally fought over this debateCivil War.*In 1819, the Supreme Court had the first of many chances to define the division of power. The Court ruled that a state cannot tax an instrument of the national government. Marshall found that there are implied powers that the national government can exercise. This ruling went a long way toward developing nationalism and unifying the national economy.The Supreme Court has played a major role in the relationship between the states and the national government. From 1937 to the 1990s, the Courts had stepped back from protecting states from the federal government, but in the last 15 years, the Court has signaled it will intervene.Mostly, it is important for students to note that the battles surrounding the creation of the country in the 18th century are not over.**Category Major ItemsHealth medical assistanceIncome Security UI, retirement, welfare to workEducation Elementary & Secondary schools, job training, foster careTransportation HighwaysAll Others: $21.8 Community & Regional renewal - Housing Urban Dev$5.9 Natural resources & environment Construct sewage treatment plants$4.1 General government collection of taxes$0.7 Agriculture crop insurance, animal & plant health programs$0.9 Other National defense, energy, veteran benefits, admin of Justice$459.0 Total

    The major instruments of federal intervention in state programs have been various kinds of financial grants-in-aid, of which the most prominent are categorical-formula grants, project grants, and block grants. The national government also imposes federal mandates and controls the activities of state and local governments by direct orders, cross-cutting requirements, cross-over sanctions in the use of federal funds, total preemption, and partial preemption.Categorical-formula grants are those that are for a specific purpose (homeland security)distributed to states based on population requiring states to pay for some of it, usually on a matching basis. These grants are tightly monitored.Project grants are those that the national government support a specific activity (highway construction) restricted to a fixed amount of time and can only be spent within tight guidelines.Block grants are those that have fewer strings and less federal supervisionmoney comes down to states and the states use it as they see fit.The national government is being the harshest to states when it uses unfunded mandatesthe national government requires states to do things without providing money. The Unfunded Mandates Reform Act was passed in 1995 which required Congress to evaluate the impact of said mandates. This has resulted in restraining their usesince 1995, only 11 unfunded mandates have been used.The national budget uses federal grants to get states to applyCongress has deeper pockets than most wealthy states. These grants serve four purposesthe fourth of which is the most important.*D*B*C*AFederal Grants to State and Local Governments: 1929, 1939, 2007****This graphics shows that Americans are split on whether the federal government is handling major issues satisfactorily. Overall, confidence in state governments has gone up while respect for national agencies has diminished, with one-third dissatisfied. However, more voters participate in congressional and presidential elections, and national affairs are more often on peoples minds than state and local politics.*D*B*C*What do these statements say about Federalism and its future as the design for American democracy? What will drive the demand for Federal action in the future?