Federalism The division of powers between the federal government and the state governments.
Unit 2. Katrina System of government in which the powers are divided among the national state and...
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Transcript of Unit 2. Katrina System of government in which the powers are divided among the national state and...
Unit 2
Katrina
System of government in which the powers are divided among the national state and local governments
ADVANTAGES
Keeps large countries organized (U.S. & Russia)
Defends against tyranny (Federalist #10)
Increases participation… More layers of
government=more opportunity to get involved
DISADVANTAGES
Mass confusion Too much
government involvement
Example?... Education emergency relief marriage
National Powers:Article I, section 8:Congress is granted 17 expressed
powersClause 18: Congress is granted implied
powers under necessary & proper clauseArticle VI:“The Constitution…shall be the
supreme law of the land”
State Powers:Article IV: States must honor the laws of other
states
Amendment X: The powers not given to the national
government, nor denied to the states, are reserved to the states
A challenge to Federalism… No state need recognize a marriage
between persons of the same sex, even if the marriage was concluded or recognized in another state.
The Federal Government may not recognize same-sex or polygamous marriages for any purpose, even if concluded or recognized by one of the states.
TaxMake/enforce laws
Establish courtsSpend $ for public
STRICT CONSTRUCTIONIST
Believes in the expressed powers of the Constitution
Seldom allows for the existence of implied powers
LOOSE CONSTRUCTIONIST
Believes in expressed and implied powers
Allows for a loose interpretation of the Constitution
•THE SUPREME COURT HAS ALWAYS MAINTAINED THE BALANCE OF FEDERALISM•HOWEVER THERE IS A DEBATE ABOUT THEIR ROLE:
At issue: McCulloch objected to a tax Maryland placed
on notes issued by the National bank Maryland claimed the U.S. had no authority to
create a bankRuling: John Marshall
U.S. has the right due to Art.I, sec. 8, clause 18 and Art VI
Impact? Expands the power of National Government
At issue: Dred Scott, a slave, had been living in
Illinois and Wisconsin (free states) for 5 years.
Dred Scott argued that he should be free because he lived in a free state
Ruling: Roger Taney Congress lacks the authority to limit slavery
in territories making slavery a state issue Impact?
Expands the power of States
Belief that the national and state governments are separate bodies with equal power
Constitutional interpretation held by the Court from the 1850s-1930s
Began as a result of the growing tension between the North and South
Diminishes the importance of: Art I section 8 clause 18 Art VI
Belief that the national, state, and local governments are intertwined in role and power giving greater power to the federal government
Constitutional interpretation held by the Court from the 1930s-1980s
Began as a result of the Great Depression Hoover believed that the economy was
largely a state issue…dual federalism
Hammer v. Dagenhart…U.S. v. Darby Lumber…U.S. v. Lopez…Gonzalez v. Raich…Do you agree with the ruling?
FDR’s New deal programs caused the National government to increase power and then distribute it to local governments
The New Deal forced all levels of government to “cooperate” with each other
Impact? National government’s power was greatly
increased through use of Grants
Federal allocation of funds for programs to be administered by nat., state, or local governments…but dictated by feds
Improve health and safety of the people
Establish national standards Often used to influence state policy Today there are over 900 grant
programs divided in 20 areas: Agriculture Arts Business and Commerce Community Development Consumer Protection Disaster Prevention and Relief Education Regional Development Employment, Labor, and Training Energy Environmental Quality
•Food and Nutrition •Health •Housing •Humanities •Information and Statistics •Law, Justice, and Legal Services •Natural Resources •Science and Technology •Social Services and Income Security •Transportation
Appropriated by the nat. gov’t for a specific purpose/program
Nat gov’t dictates rules for administering funds
Often requires financial assistance from the states
Examples? medicaid
Johnson’s Great SocietyLinked nat. gov’t directly to
communitiesTurned local issues into national
issues Ignored state officials
Appropriated by the nat. gov’t for a specific purpose/program
Little to no nat gov’t rules/restrictions for administering funds
Gives states greater freedomExamples?
Secondary education
Belief that the states should be returned power over administrative duties
Reagan’s Revolution: Massive spending
cuts= Decrease in programs
and grants= Decrease in funding
for states=Less federal
involvement in states
The Devolution Revolution (1994):
Initiated by Newt Gingrich’s Contract with America
Reduce government spending by cutting programs/grants
Issued unfunded mandates ADA & the Emergency
Medical Treatment and Labor Act
Directives to the states to administer programs without any funding
A return to state powers:Personal Responsibility and Work
Opportunity Act of 1996 Moved welfare from a national to a state
administered program (still funded by Feds) Allowed states to set individual
standards for recipients
Endorsed preemption…National government can override the states and local governments
Massive increase in federal gov’t control Examples: Education Security
No Child Left Behind (2002)
Preemption at work…Purpose: Improve standards and quality of education
in the U.S.How it works: Fed established regulations for class size,
teacher and school performance Success judged through standardized tests
and inspections Unsuccessful schools will loose federal
funds
Future of Federalism?
Why???