Unit 3 2 Federalism

“ Federalism” You’re Not the Boss of Me! (Oh wait, yes you are.) Chapter 4

How is living at your house like Federalism?
You own a ________ within the house
Who makes the "rules" for YOUR room? ________
Whose decisions outweigh your decisions? _______
Your parents don't usually let you “go anywhere” without asking you to “do” something first … examples …
What are your chores?" Do you get paid?
States are smaller units within the country
"Laws" for the state are made by the state
Federal laws is supreme to the state laws
Allowances from federal government usually come with strings attached (if you want federal highway funding, you will raise the drinking age).
Federal government mandates "programs" and then does not fund the program.

Both you and your parents have assigned responsibilities, what are your responsibilities around the house? (Parental expectations)
How does your family "share" the work-load?
What do you and your parents argue about?
Each room has different "rules" attached to it. What are the "rules" in each room?
Can you think of any time when you came up with a solution and the family implemented it?
Federal and State governments have separate responsibilities (Federal protects the country/economy, the states protect general welfare of the people within their state)
A lot of programs are "shared" by both the federal and state.
Both levels are constantly seeking to maintain "power"
Every state makes laws that "fit" their state/people (snow chains in some, not in others).
States try new programs, if they work at state level, they are brought up to the federal level.

Federalism System of government in which powers are divided and shared by a central government and its sub-divisional governments

Understanding Federalism

Why Federalism Matters
Gay marriage
Death penalty
Welfare reforms
Immigration policies
Leave no child behind
Abortion
Medical Marijuana
Money! (unfunded mandates)
Minimum wage issues
Hurricane Katrina
(where’s FEMA?-blame-federal/state/local?)

Title: Another Perfect Storm Artist: Jeff Danziger Date: September, 2005 http://cartoonbox.slate.com/

States have their own laws…check these laws out 

Federalism in practice
State Laws on the books today…
It is illegal for a driver to be blindfolded while operating a vehicle.
It is illegal to wear a fake mustache that causes laughter in church.
A L A B A M A

Animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship.
It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale.
C A L I F O R N I A

Prohibits shooting rabbits from a motorboat.
K A N S A S
It is illegal to rob a bank and then shoot at the bank teller with a water pistol.
L O U I S I A N A

It is illegal to take more than three sips of beer at a time while standing.
It is illegal to drive without windshield wipers but a windshield is not required
It is illegal for one to shoot a buffalo from the second story of a hotel.
It is illegal to milk another person's cow.
T E X A S

So What is Federalism? System of government in which powers are divided and shared by a central government and its sub-divisional governments

What is Federalism?
Defining Federalism: the distribution of power between a central and sub-divisional governments
the central government
the states
the local government
all share power to make, enforce, and interpret laws

What is Federalism?
Both the state and federal governments have substantial power and responsibility
including the power to tax and enforce laws that regulate conduct of individuals.

What is Federalism?
Mere existence of state and federal governments does not make it a federal system.
Both the federal government and the state government get their power from a common source - the constitution.

Alternatives to Federalism
Unitary Systems :
Puts all governmental power in the central government
Britain, France, Israel, and the Philippines.
Confederations :
Sovereign nations create a constitutional compact but carefully limited the power of the central government
Articles of Confederation, The United Nations, European Union

Why did they choose Federalism?
“ Confederation”- tried and failed.
“ Unitary” government? Was out-of-the-question!!! Founding Fathers were too attached to state governments (It was too much like England’s gov’t)
Federalism allows “Unity without Uniformity”
National politicians do not have to iron out every difference on every issue that divides us. Issues are debated in the state legislatures, county courthouses, and city halls.

Federalism “Encourages Experimentation”- State governments are laboratories for public policy experimentation. Negative effects are limited is proposals fail. If they succeed, they can be tried elsewhere.

Federalism “Keeps Government closer to the People”
We serve on boards and associations and on planning commissions locally.
Keeps us close to the issues and gives us firsthand knowledge of what needs to be done.
May be more responsive to the problem than experts in Washington.

Powers of the National Government “Delegated Powers”
Expressed powers – Spelled out for the 3 branches of the federal government in the Constitution.
Declare war
Mint money
Regulate trade between states
Etc…

Implied powers
powers that are inferred
Do you think the founders considered the…
Internet
Drug trafficking
Airlines
Electricity
etc…???
“ necessary and proper” clause (elastic clause)

Inherent powers - Powers the federal government has simply because we are recognized by other world powers.
Examples include: to acquire territory and deport aliens.

Powers of the States
Reserved powers
powers not granted to the national government are reserved for the states.

Concurrent Powers
Concurrent powers
powers that are shared by both federal and state governments.
Examples include:
To tax
To define laws
To punish criminals
Many others…

Expansion of Federal Government
National Supremacy Article
“ The constitution is the Supreme Law of the land.”
Officials of the state as well as the nation are bound by constitutional oath to support the Constitution.
States may not use their reserved powers to override national policies.

War Powers:
National government (specifically President) has the power to wage war and do whatever is necessary and proper to do so successfully.

Power to Regulate Interstate and Foreign Commerce- Commerce includes production, buying, selling, renting, and transporting goods, services, and properties.
Few aspects, if any of our economy today affect commerce in only one state and are thus outside the scope of national government’s authority.

Power to Tax and Spend- Congress lacks constitutional power to regulate education or agriculture directly, yet it does have the power to appropriate money to support education or to pay farm subsidies.
By attaching conditions to its grants of money, Congress regulates what it cannot directly control by law.
For example, they often require the states to do certain things and sometimes do not supply the money to do so- this is called a federal mandate.

Federalism and the Scope of Government-Why has the Federal Gov. grown so much?
As the U.S. has changed from agriculture to industry , new demands for government arose.
The national government answered with a national banking system, subsidies for railroads, and airlines and a host of other policies created to expand the economy.
The formation of large corporations led to abuses and many interests asked the national government to regulate and encourage open competition.
Farmers also sought services such as price supports
Unions sought better working conditions , better pay, and a wide range of social policy.

Federalism and the Scope of Government-Why has the Federal Gov. grown so much?
As we urbanized, we’ve had new problems in housing, education, transportation, and the environment.
The states lack the resources and authority to deal with such enormous problems. How do you deal with pensions for people who move from state to state if the states were responsible for something like social security?
We, the American public have demanded that the national government take up the issues of the country because we know that the federal government has the resources to do so.

Guarantees of the National government to the States (Article 4 of the Constitution)
Republican form of government- at least one representative in the house and 2 Senators.
Protection from invasion- both foreign and domestic
Territorial integrity- can not divide the state-must recognize boundaries.

Interstate Relations (Article 4 of the Constitution)
Full Faith and Credit -accept the other states a public record as valid-licenses divorce decrees, judicial settlements.
Interstate Privileges and Immunities -right to engage in occupations, access to the courts, freedom from discriminatory taxes, freedom from unreasonable residency requirements

Interstate Relations (Article 4 of the Constitution)
Extradition -no state can hold fugitives from other states.
Interstate Compact - interstate agencies to handle interstate problems-most need congressional approval. Typically a state belongs to 20 compacts (environment, crime, water rights)

The Role of the Federal Courts-Umpires of Federalism
McCulloch V. Maryland (1819)- Maryland levied a tax again the Baltimore Bank of the United States.
McCulloch, the cashier of the bank refused to pay on the grounds that the state could not tax an instrument of the national government.

McCulloch V. Maryland
State argued that a bank is not absolutely necessary to the exercise of any of the delegated powers, and that Congress had no authority to establish it.
Also the power to tax is a reserved power, and the state can use it as they see fit.

McCulloch V. Maryland
Federal government argued- that the implied power means Congress has the authority to enact any legislation convenient and useful for carrying out its delegated national powers. They used the bank as a means for collecting taxes, borrowing money, and caring for the property of the United States.
The Decision - John Marshall: He established the doctrine of national supremacy . No state can use its reserved taxation power to tax a national instrument because the power to tax involves the power to destroy.

An Expanding Role for the Federal Courts-
Authority of the courts has grown through modern judicial interpretation of the 13, 14, and 15th amendments and congressional legislation enacted to implement them.
Recently, the Court has returned to the states several some very explosive political issues. EX: (Webster and Casey) both abortion cases.

Federalism and Use of Grants
Congress authorizes programs and appropriates funds-they have deeper pockets than the states.
Their most potent tool for influencing policy at the state level has been through grants.

Categorical grants - Congress appropriates money for specific purpose .
They also provide for federal supervision.

Categorical Grants continued
Most common is the Project Grant- awarded on the basis of competitive applications (research universities)
Formula Grants- distributed according to a formula-based on population, per capita income, percentage of rural population or some other factor.
Most common formula grant are those for Medicaid, child nutrition grants, sewage treatment, public housing and community development.

Block grants- broad grants given to states for prescribed activities- few strings attached, but when the money for any fiscal year is gone, there is no more money. The money is given in a lump sum!

Conditional grants- Congress appropriates the money BUT with conditions attached.
Can’t have the money unless you match the amount they are giving. (Raise the drinking age if you want your federal funding)

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Unit 3 2 Federalism

by David Osman on Jul 10, 2008

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Unit 3 2 Federalism — Presentation Transcript