FEDERALISM. Volunteers Needed!!!! Layer Cake Marble Cake Cupcakes Creative Cake Plates Napkins Forks...

47
FEDERALISM

Transcript of FEDERALISM. Volunteers Needed!!!! Layer Cake Marble Cake Cupcakes Creative Cake Plates Napkins Forks...

FEDERALISM

Volunteers Needed!!!!

• Layer Cake

• Marble Cake

• Cupcakes

• Creative Cake

• Plates

• Napkins

• Forks

• Cups

• Soda

• Soda

• Tissues

• Tissues

• Tissues

• Tissues

To Get You Started….

• What decisions do you believe your parents or guardians should make for you?

• What decisions should you be able to make for yourself?

• What decisions should be made cooperatively?

I. Forms of Governmental Structure

I. Forms of Governmental Structure

A. Federalism: a political system in which power is divided and shared between the national/central government and the states (regional units) in order to limit the power of government.

I. Forms of Governmental Structure

B. Confederation– Association of states: retain most of power– Some authority delegated to national

(diplomacy, etc.)– Russian Federation

C. Unitary Government– One central government has authority– No levels that share power– Japan, France, Great Britain

LO 3.1

To Learning ObjectivesCopyright © 2011 Pearson Education, Inc. Publishing as Longman

Your Turn

• Using the blank sheet of paper… create a mind map showing the three forms of governmental structure.

II. Constitutional Basis for Federalism

A. Roots of federalism:

1.The Framers worked to create a political system that was halfway between the failed confederation of the Articles of Confederation and the tyrannical unitary system of Great Britain.

2.The three major arguments for federalism are:a) the prevention of tyranny;

b) the provision for increased participation in politics;

c) and the use of the states as testing grounds or laboratories for new policies and programs.

II. Constitutional Basis of Federalism

B. Article IV: Relations among the States

1. Full Faith & Credit Clausea) Each state must honor public records of other

states

2. Privileges & Immunities Clausea) Citizens of various states must be treated equally

in all states

3. Extraditiona) States must return criminals to state where crime

committed.

LO 3.2

To Learning Objectives

II. Constitutional Basis for Federalism

C. Article VI : Supremacy Article1. Article VI states the U.S. Constitution, laws of

Congress, and treaties are supreme.

D. 10th Amendment:1. “The powers not delegated to the U.S. by the

Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

III. The Powers of Government in our Federal System

A. Exclusive Powers (Powers exclusive for NATIONAL government)

1. Enumerated, Expressed or DelegatedPowersa) Powers given to NATIONAL government that are

written in the Constitution

2. Implied Powersa) Powers of the NATIONAL government that are not

written in Constitution, but “implied” from the “necessary & proper” clause (Article I, Sect 8, Clause 18)

3. Inherent Powersa) Powers a NATIONAL government has just by

existing (determining citizenship, immigration, etc.)

Enumerated or Expressed Powers: Article I, Section 8

Enumerated or Expressed powers of the central government include the power to:

• lay and collect taxes • provide for the national defense and make

regulations for the military• regulate commerce with foreign nations, among

the states, and with Indian tribes• coin money and regulate the value thereof• declare war• conduct foreign policy• establish post offices; issue copyrights and patents

Implied Powers: Necessary and Proper Clause (Elastic Clause)

• The national government may make all laws which shall be necessary and proper for carrying into execution the Enumerated or Expressed powers.

• The necessary and proper clause has often been used to expand the powers of the national government (elastic clause).

• Article I, Section 8, Clause 18

III. The Powers of Government in our Federal System

B. Shared Powers1. Also known as CONCURRENT powers

a) Powers shared between National & State Governmenti. Make & enforce laws

ii. Levy taxes

iii. Maintain Courts

iv. Allocate $$ for public needs

v. Amendment process (national government proposes, states ratify)

III. The Powers of Government in our Federal System

C. Denied Powers1. Article I, section 9 lays out powers denied to the

NATIONAL government.

a) For example: give preference to ports of one state over another

2. Article I, section 10 lays out the powers denied to the STATES.

a) For example: enter into treaties, alliances, or confederations

III. The Powers of Government in our Federal System

D. Reserved Powers

1. 10th Amendment:

a) "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."

You Decide

• Using the handout provided, decide within your group which level of government should have the powers described…..

LO 3.2

To Learning ObjectivesCopyright © 2011 Pearson Education, Inc. Publishing as Longman

Your Turn to Work….

• Create a Venn Diagram on the back of the mind map you created earlier and complete the activity described on the worksheet.

IV. The Evolution and Development of Federalism

A. The allocation of powers in our federal system has changed dramatically over the years.

B. The Supreme Court in its role as interpreter of constitution has been a major player in the redefinition of our Federal system.1. McCulloch v. Maryland (1819)

2. Gibbons v. Ogden (1824)

3. Dred Scott v. Sandford (1857)

Analyzing a Court Case or Two

• McCulloch v. Maryland (1819)

• Gibbons v. Ogden (1824)

IV. The Evolution and Development of Federalism

1. McCulloch vs Maryland (1819)a) McCulloch was the first major decision by the

Supreme Court under Chief Justice John Marshall about the relationship between the states and the national government.

b) The Court upheld the power of the national government to establish a national bank and denied the right of a state to tax the bank. “The power to tax is the power to destroy.”

c) The Court’s broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers, i.e. IMPLIED POWERS.

IV. The Evolution and Development of Federalism

2. Gibbons vs Ogden (1824)a) The Gibbons case centered on the conflict between

the states and the powers of Congress.

b) The main constitutional question in Gibbons was about the scope of Congress' authority under the Commerce Clause (Article I, sec. 8: “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes”)

c) In Gibbons, the Court upheld broad congressional power over interstate commerce.

IV. The Evolution and Development of Federalism

3. Dred Scott v. Sandford (1857)

a)The Supreme Court articulated the idea of dual federalism in which separate but equally powerful levels of government is preferable, and the national government should not exceed its enumerated powers.

b)Court held that Mr. Scott was not a U.S. citizen and therefore not entitled to sue in federal court.

c) The case was dismissed and Scott remained a slave.

d)Court wrote that Congress had no power to abolish slavery in the territories and slaves were private property protected by the Constitution. MO Compromise was unconstitutional.

IV. The Evolution and Development of Federalism

C. The Civil War – Militarily the national government asserts its power over the Southern states’ claim of sovereignty.

D. The Struggle for Racial Equality 1. Brown v. Board of Education (1954) outlawed

segregation in the public schools.

2. Civil Rights of 1960s

LO 3.2

To Learning Objectives

LO 3.2

To Learning ObjectivesCopyright © 2011 Pearson Education, Inc. Publishing as Longman

V. Evolution of FederalismA. From Dual to Cooperative Federalism

1. Dual Federalism – A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.

2. Dual federalism, from Dred Scott, remained through Reconstruction and Progressive Eras.

3. Dual federalism finally ended in the 1930s, Great Depression demanded powerful actions from the national government.

LO 3.3

To Learning Objectives

V. Evolution of FederalismB. Cooperative Federalism – A system of

government in which powers and policy assignments are shared between states and the national government.

1. Great Depression causes national government to become major player in domestic policy. There is major shift in money from federal government to state/local governments.

2. Grants-in-aid monies flooded states for public works projects, work programs, relief agencies (alpabetocracy: NRA, TVA, CCC)

3. In the 1960’s and 1970’s the scope of federal domestic policies and programs increased steadily.

LO 3.3

To Learning Objectives

V. Evolution of FederalismD. Devolution – Transferring responsibility for policies from the federal government to state and local governments.

1. Began with Ronald Reagan in the 1980s.

2. Drastic cuts in federal domestic programs and federal income taxes in an attempt to reestablish the primacy of the states.

3. For the first time in thirty years, federal aid to state and local governments declined.

4. Reagan’s idea was that federal government had gotten too big. States should have more responsibility and authority.

LO 3.3

To Learning Objectives

V. Evolution of Federalism5. Welfare Reform Act of 1996

National welfare, called Aid To Families With Dependent Children (AFDC), around since 1935, was replaced with Temporary Assistance to Needy Families (TANF).

Difference between the two? AFDC was run by national government, and TANF would be run by the states.

States would now run welfare (with some $ help from national government).

V. Evolution of Federalism

E. Fiscal (creative) Federalism1. Fiscal Federalism – Pattern of spending,

taxing, and providing grants in the federal system.

a) Federal grants to state and local governments have grown rapidly and now amount to more than $600 billion per year.

a) Grants increased in 2010 and 2011 due to the stimulus package.

LO 3.3

To Learning Objectives

Federal Grant-in-Aid Outlays, 1940-2005

LO 3.3

To Learning ObjectivesCopyright © 2011 Pearson Education, Inc. Publishing as Longman

V. Evolution of FederalismE. Fiscal Federalism (cont.)

2. The Grant-in-Aid System: Distributing the Federal Pie to the States ($600 billion)

a. Block grants – Money given to states for their use in broad areas1. Grants for law enforcement, education, etc.

i. Block grant for law enforcement, for example, can be spent by state for anything to do with law enforcement, such as hiring more police, buying police cars, updating technology, building prisons, etc., etc.)

2. States LOVE block grants!!! Why? Tons of money with few strings attached. States control where $ spent.

LO 3.3

To Learning Objectives

V. Evolution of Federalismb) Categorical Grants: allocation of federal

money to the states for a specific purpose1. Block grant to state for law enforcement, state

may CHOOSE to spend some of it on prisons. A categorical grant will be specifically for prisons. No choice on where $ can be spent.

2. Many strings attached to categorical grants.1. i.e. no discrimination in use of $, must pay

contractors a certain rate, etc.

3. States will accept categorical grant $, but they’d rather have the $ in block grants.

4. National government LOVES categorical grants because they retain more control.

V. Evolution of Federalism

5. Federal leadership saw categorical grants as a way to compel individual states to behave in ways desired by the national government. If the states refused to cooperate with the federal government, it would withhold funds (e.g., interstate highway funds & speed limit)

V. Evolution of Federalism6. Types of Categorical Grants:

i. Project Grants: a categorical grant given for a specific project and awarded on the basis of merits of application. (i.e. state applies for a project grant to build more prisons; university research grants)

ii. Formula Grants: a categorical grant given automatically based on a formula (formula may be based on population, per capita income, etc. (i.e. Medicaid, child nutrition programs, sewage treatment plant construction, etc.)

V. Evolution of Federalismc) Mandates

1. a requirement that national government puts on states to do something (usually provide some sort of service to citizens) at the risk of penalties or loss of funding if states don’t comply.

2. Mandates can be funded or unfunded.a) Medicaid (partially funded mandate): States

administer program, fed gov’t funds it. Possible additional mandate – states must expand medicaid to poor children. Who pays for this expansion?? If states don’t expand services, they’ll lose medicaid funding.

V. Evolution of Federalismb) Clean Air Act of 1970 (unfunded mandate)

i. Fed government establishes national air quality standards and requires that states implement them AND pay for them.

c) Americans with Disabilities Act (1990) (unfunded mandate)

i. All public facilities (hospitals, universities, libraries, etc) must be made accessible for the disabled, but did not allocate any funds to the states to pay for these changes.

d) No Child Left Behind Act (2002) (mostly unfunded)

b) Schools must increase improve student performance

c) Fed does not give enough $ for schools to do this.

d) If schools don’t improve performance, they lose fed $$.

V. Evolution of Federalism3. Intergovernmental Lobbies

a) States, counties, cities, towns, etc. ALL want federal money.

b) They create “lobbies” (i.e. groups) filled with “lobbiests” (i.e. people that lobby) to go and “lobby” (i.e. convince) congressman to give them more money.

VI. Federalism and the Supreme Court

A. Poll after poll showed that Americans began to think that the national government was too big, too strong, and too distant to understand their concerns.

B. U.S. Supreme Court, once again, played a role in interpreting this new form of federalism.

C. Cases involving abortion, gun control, environment, use of commerce clause, right to sue.

VI. Federalism and the Supreme Court

D. Generally handing back power to the states

E. Majority pro-states’ rights; 5-4 decisions

F. Webster v. Reproductive Health Services (1989) and Casey v. Planned Parenthood (1992): states can restrict abortion laws

G. U.S. v. Lopez (1995): federal law cannot regulate guns within 1000 of a school