Federalism Essential Question How does power flow through our federal system of government?...

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Transcript of Federalism Essential Question How does power flow through our federal system of government?...

  • Federalism

  • Essential QuestionHow does power flow through our federal system of government?Federalism Activity

  • Defining FederalismWhat is Federalism?A way of organizing a nation so that two or more levels of government have formal authority over the land and people.Division and sharing of power between levels of government

    Intergovernmental Relations The workings of the federal system- the entire set of interactions among national, state and local governments.

  • Defining Federalism

  • Types of POWERSExpressed (enumerated)Implied (necessary and proper)Inherent assumed (acquisition of territory, foreign affair)Reserved (States only)Concurrent (shared)

  • Why is Federalism So Important?Decentralizes our politicsMore opportunities to participateElectoral systemDecentralizes our policiesWhich government should take care of which problem?States can solve the same problem in different ways.

  • The Constitutional Basis of FederalismThe Division of PowerSupremacy Clause (VI)The U.S. ConstitutionLaws of CongressTreatiesState ConstitutionsState LawsWhat gives the federal government more power!10th Amendment: States Rights

  • The Constitutional Basis of Federalism

  • The Constitutional Basis of FederalismEstablishing National SupremacyImplied PowersCommerce PowersThe Civil WarThe Struggle for Racial Equality

  • The Constitutional Basis of FederalismStates Obligations to Each OtherFull Faith and Credit ClauseDefense of Marriage Act 1996 (not included)Extradition

    Privileges and Immunities

  • Federalism Group ActivityGet in groups of 3Task: Your group will examine three case studies in which either the national government or a state government faced conflict in exercising its powers.After examining the facts and arguments, your group will determine whether, according to the U.S. federal system, a legitimate use of power exists.

  • Case Study # 1: Federalism and Gun Control LawsWhat interesting details do you see?

    What federalism issue do you think this photograph represents?

    Do you think the national government or the state governments should have the power to control guns near schools?

  • Case Study # 1: Federalism and Gun Control LawsRead the Case Study.

    Discuss within your groups and answer the questions at the bottom.

    Do you think the national government has the power to prohibit the possession of firearms near schools? Why or why not?

  • Case Study # 1: Federalism and Gun Control Laws

  • Case Study # 2: Federalism and Tobacco Advertising LawsWhat interesting details do you see?

    What federalism issue do you think this photograph represents?

    Do you think the national government or the state governments should have the power to regulate cigarette advertising?

  • Case Study # 2: Federalism and Tobacco Advertising LawsRead about federalism and tobacco advertising laws on Student Handout B.

    Do you think Massachusetts has the power to regulate tobacco advertising within its borders?

  • Case Study # 2: Federalism and Tobacco Advertising Laws

  • Case Study # 3: Federalism and Air Pollution LawsWhat interesting details do you see?

    What federalism issue do you think this photograph represents?

    Do you think the national government or the state governments should have the power to limit air pollution?

  • Case Study # 3: Federalism and Air Pollution LawsRead article and discuss questions with group!

  • Case Study # 3: Federalism and Air Pollution LawsOutcome of Alaska Department of Environmental Conservation v. EPA

    On January 21, 2004, the Supreme Court decided that the Environmental Protection Agency had the power to regulate air pollution in Alaska. In a 5-4 decision, the Court stated,the Clean Air Act gave the EPA the authority to override a states decision. the EPA had enough evidence to reject Alaskas claim that the state had required the best control technology available.

  • Post-Activity Discussion

  • Intergovernmental Relations TodayDual FederalismA system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.Like a layer cakeEnded in the 1930s

  • Intergovernmental Relations TodayCooperative FederalismA system of government in which powers and policy assignments are shared between states and the national government.Shared costsShared administrationStates follow federal guidelines

  • Intergovernmental Relations Today

  • Intergovernmental Relations TodayFiscal FederalismThe pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national governments relations with state and local governments.$600 BillionFigure 3.2

  • Intergovernmental Relations TodayFederal Grants to State and Local Governments (Figure 3.1)

  • Intergovernmental Relations TodayThe Grant SystemCategorical Grants: grants used for specific purposes with strings attached.Types of Categorical GrantsProject Grants: based on merit , competition (most common)Formula Grants: amount varies based on formulas

    Block Grants: Federal grants given more or less automatically to support broad programs.Grants are given to states & local governments

  • Intergovernmental Relations TodayFiscal Federalism continuedThe Scramble for Federal Dollars$400 billion in grants every yearUniversalism - a little something for everybodyThe Mandate BluesMandates direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant.Unfunded mandates are requirements on state & local governments - but no money

  • Understanding FederalismAdvantagesIncreasing access to governmentLocal problems can be solved locallyHard for political parties / interest groups to dominate ALL politicsDisadvantagesStates have different levels of serviceLocal interest can counteract national interestsToo many levels of government - too much moneyWhat are the benefits and drawbacks of a federal system?

  • Understanding FederalismState Welfare Benefits (Figure 3.3)

  • Understanding FederalismSpending on Public Education (Figure 3.4)

  • Understanding Federalism

  • Understanding FederalismFederalism and the Scope of GovernmentWhich level of government is best able to solve the problem?Which level of government is best able to fund solutions to the problem?