Federalism

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Break down of American Federalism.

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  • The Powers of the National Government American federalism was a unique response by the framers of the Constitution to their particular needs and wants. We can understand it best by looking at its constitutional features first. The powers granted to the national government and listed in Articles I, II, and III of the United States Constitution are called the delegated or enumerated powers . These can be viewed as the legitimate powers of the national government. Legislative power is vested in the Congress. In Article I, Section 8, the Constitution delegates a long list of powers to the Congress. Although the Constitution restricts the authority of the national government to the delegated powers, the Necessary and Proper Clause gives Congress the means to achieve the goals set forth by the delegated powers. Conceptually, it is the fusion of the Necessary and Proper Clause with the delegated powers that make up the doctrine
  • The Powers of the National Government (cont.) Several constitutional amendments expand the powers of Congress. The Fourteenth Amendment contains the Due Process Clause and the Equal Protection Clause . The Fifteenth Amendment declares that the rights of citizens to vote shall not be abridged on account of race, color, or previous condition of servitude. The Constitution, in Article II, grants executive power , which is the power to enforce the laws, to the president. Judicial power , which is the power to interpret law, is given to the Supreme Court “and such inferior courts” as the Congress sees fit to establish, in Article III. The Constitution also addresses the question of the relative power of the national and state governments in Article IV in the National Supremacy Clause . This clause declares that the constitutional exercise of national power supersedes state action.
  • The Constitutional Status of the States The Constitution discusses the relationship of states with one another and with the national government. Article IV contains the Full Faith and Credit Clause and the Privileges and Immunities Clause . State governments exercise reserved or residual powers because the Tenth Amendment guarantees the states all powers not delegated to the national government nor denied expressly to the states. State authority includes the power to tax and spend, to regulate land use through eminent domain, and to regulate local commerce. Another set of powers created by the Constitution includes those exercised by both the national and state governments. These jointly exercised areas of authority are called concurrent powers . Examples include the power to tax, spend, and regulate. Eminent domain is also a concurrent power.
  • The Constitutional Status of the States The Constitution discusses the relationship of states with one another and with the national government. Article IV contains the Full Faith and Credit Clause and the Privileges and Immunities Clause . State governments exercise reserved or residual powers because the Tenth Amendment guarantees the states all powers not delegated to the national government nor denied expressly to the states. State authority includes the power to tax and spend, to regulate land use through eminent domain, and to regulate local commerce. Another set of powers created by the Constitution includes those exercised by both the national and state governments. These jointly exercised areas of authority are called concurrent powers . Examples include the power to tax, spend, and regulate. Eminent domain is also a concurrent power.
  • The States’ Rights/National Government Supremacy Controversy Among the many controversies in American democracy, none has resulted in more debate than the issue of which level of government best provides services for the people. The central question of federalism is “Who should do what?” Those in favor of strong national government believe only a strong central government is capable of ensuring the rights and liberties of its citizens. States’ rights advocates, on the other hand, argue for limiting the implied powers of the national government. This debate is based on practical as well as constitutional grounds.
  • The Federal System and the Supreme Court The U.S. Supreme Court has been called upon to help settle the argument between the two sides. The Court’s first significant ruling on the issue came from the case of McCulloch v. Maryland (1819), and the Court sided with a strong national government. In Dred Scott v. Sandford , however, the Supreme Court held that the national government lacked the authority to regulate slavery in the territories. In the early 1930s, the Supreme Court limited the power of the national government to respond to the Great Depression by striking down key elements of the New Deal as unconstitutional. Beginning in 1937, however, the Supreme Court began finding New Deal legislation constitutional, and in subsequent years it rarely found a constitutional limitation on the exercise of federal power.
  • The Federal System and the Supreme Court The U.S. Supreme Court has been called upon to help settle the argument between the two sides. The Court’s first significant ruling on the issue came from the case of McCulloch v. Maryland (1819), and the Court sided with a strong national government. In Dred Scott v. Sandford , however, the Supreme Court held that the national government lacked the authority to regulate slavery in the territories. In the early 1930s, the Supreme Court limited the power of the national government to respond to the Great Depression by striking down key elements of the New Deal as unconstitutional. Beginning in 1937, however, the Supreme Court began finding New Deal legislation constitutional, and in subsequent years it rarely found a constitutional limitation on the exercise of federal power.
  • Program Adoption Federal projects and programs are created through the congressional authorization process . Their funding comes through the annual appropriations process . Types of Federal Programs Federal programs come in a variety of forms, including categorical and block grant programs . Some federal programs, including Medicaid and Social Security, are entitlement programs, providing benefits to all persons qualified to receive them. Some funding comes through competitive project grant programs , while other money is distributed through formula grant programs .
  • Grant Conditions Many grant programs are based on the idea of matching funds . Congress can also impose federal mandates on recipients of federal funds.
  • The policymaking environment in American federalism is influenced by a legal/constitutional system. There are thousands of interconnected governments. The politics of federal, state, and local governments is also complicated.
  • Federalism

    1. 1. Chapter 3 The Federal System Copyright © 2011, 2010 Pearson Education, Inc. All rights reserved. Brooks Kraft/Corbis News/Corbis
    2. 2. The Constitutional Structure of Federalism <ul><ul><li>Powers of the National Government: </li></ul></ul><ul><ul><ul><ul><li>Delegated or Enumerated Powers </li></ul></ul></ul></ul><ul><ul><ul><ul><li>Legislative Power is vested in the Congress. </li></ul></ul></ul></ul><ul><ul><ul><ul><li>Article I, Section 8 of the Constitution delegates powers to the Congress. </li></ul></ul></ul></ul><ul><ul><ul><ul><li>Necessary and Proper Clause (also known as the Elastic Clause) </li></ul></ul></ul></ul><ul><ul><ul><ul><ul><li>Implied Powers: gives Congress the means to exercise its delegated authority. </li></ul></ul></ul></ul></ul>Copyright © 2011, 2010 Pearson Education, Inc. All rights reserved.
    3. 3. <ul><li>The Powers of the National Government </li></ul><ul><ul><li>Article II </li></ul></ul><ul><ul><ul><li>Executive Branch – power to enforce laws </li></ul></ul></ul><ul><ul><li>Article III </li></ul></ul><ul><ul><ul><li>Judicial Branch – power to interpret laws </li></ul></ul></ul><ul><ul><li>Article IV </li></ul></ul><ul><ul><ul><li>National Supremacy Clause — national and state governments share power </li></ul></ul></ul><ul><ul><ul><ul><li>This clause declares that the laws of the U.S. take precedence over state laws. </li></ul></ul></ul></ul>Copyright © 2011, 2010 Pearson Education, Inc. All rights reserved. The Constitutional Structure of Federalism
    4. 4. <ul><li>The Role of the States in the Federal System </li></ul><ul><ul><li>The relationship of states with one another and with the national government </li></ul></ul><ul><ul><ul><li>Article IV — Full Faith and Credit and the Privileges and Immunities Clauses </li></ul></ul></ul><ul><ul><ul><li>States exercise reserved or residual powers — 10th Amendment </li></ul></ul></ul><ul><ul><ul><li>State authority includes the power to </li></ul></ul></ul><ul><ul><ul><ul><li>tax and spend, </li></ul></ul></ul></ul><ul><ul><ul><ul><li>regulate land use through eminent domain, </li></ul></ul></ul></ul><ul><ul><ul><ul><li>regulate local commerce . </li></ul></ul></ul></ul>The Constitutional Structure of Federalism Copyright © 2011, 2010 Pearson Education, Inc. All rights reserved.
    5. 5. <ul><ul><ul><li>Concurrent powers include those exercised by both the national and state governments. </li></ul></ul></ul><ul><ul><ul><li>Examples include </li></ul></ul></ul><ul><ul><ul><ul><li>Power to tax </li></ul></ul></ul></ul><ul><ul><ul><ul><li>Power to spend and regulate </li></ul></ul></ul></ul><ul><ul><ul><ul><li>Eminent domain </li></ul></ul></ul></ul>Copyright © 2011, 2010 Pearson Education, Inc. All rights reserved. Mauro Saivezzo/Shutterstock
    6. 6. <ul><li>The States’ Rights Debate </li></ul><ul><ul><li>Controversy: Central question of federalism is “Who should do what?” </li></ul></ul><ul><ul><ul><li>National government supporters believe </li></ul></ul></ul><ul><ul><ul><ul><li>only a strong central government is capable of ensuring the rights and liberties of its citizens. </li></ul></ul></ul></ul><ul><ul><ul><li>States’ rights advocates </li></ul></ul></ul><ul><ul><ul><ul><li>argue for limiting the implied powers of the national government. </li></ul></ul></ul></ul>National Supremacy & the Supreme Court Copyright © 2011, 2010 Pearson Education, Inc. All rights reserved.
    7. 7. Copyright © 2011, 2010 Pearson Education, Inc. All rights reserved. Yellowj/Shutterstock Copyright © 2011, 2010 Pearson Education, Inc. All rights reserved.
    8. 8. <ul><ul><li>The Role of the Supreme Court has been central in the argument between the two sides. </li></ul></ul><ul><ul><li>McCulloch v. Maryland </li></ul></ul><ul><ul><li>(1819) </li></ul></ul><ul><ul><li>Dred Scott v. Sandford (1857) </li></ul></ul>National Supremacy & the Supreme Court Copyright © 2011, 2010 Pearson Education, Inc. All rights reserved.
    9. 9. <ul><ul><li>Early 1930s </li></ul></ul><ul><ul><ul><li>The Court limited the power of the national government by striking down key elements of the New Deal as unconstitutional. </li></ul></ul></ul><ul><ul><li>Beginning in 1937 </li></ul></ul><ul><ul><ul><li>The Court began finding New Deal legislation constitutional, but in subsequent years it rarely found a constitutional limitation on the exercise of federal power. </li></ul></ul></ul><ul><ul><li>Middle 1990s </li></ul></ul><ul><ul><ul><li>Court changed in attitude when it overturned the Gun-Free School Zone Act of 1990 and one provision of the Brady Act, a federal gun-control law. </li></ul></ul></ul><ul><ul><li>2000 </li></ul></ul><ul><ul><ul><li>The Court invalidated a provision of the Violence Against Women Act. </li></ul></ul></ul>Copyright © 2011, 2010 Pearson Education, Inc. All rights reserved. National Supremacy & the Supreme Court
    10. 10. Federal Grant Programs <ul><li>Program Adoption </li></ul><ul><ul><li>Federal projects are created through the congressional authorization process. </li></ul></ul><ul><ul><li>Their funding comes through the annual appropriations process. </li></ul></ul>Copyright © 2011, 2010 Pearson Education, Inc. All rights reserved. Yellowj/Shutterstock
    11. 11. Federal Grant Programs <ul><li>Types of Federal Programs </li></ul><ul><ul><li>Categorical Grant – narrowly defined purpose </li></ul></ul><ul><ul><li>Block Grant – broad, general policy area </li></ul></ul><ul><ul><li>Some federal programs, including Medicaid and Social Security, are entitlement programs, providing benefits to all persons qualified to receive them. </li></ul></ul><ul><ul><li>Some funding comes through competitive project grant programs. </li></ul></ul><ul><ul><li>Other money is distributed through formula grant programs. </li></ul></ul>Copyright © 2011, 2010 Pearson Education, Inc. All rights reserved.
    12. 12. Copyright © 2011, 2010 Pearson Education, Inc. All rights reserved. Pakhnyushcha/Shutterstock
    13. 13. <ul><li>Grant Conditions </li></ul><ul><ul><li>Many grant programs are based on the idea of matching funds. </li></ul></ul><ul><ul><li>Congress can also impose federal mandates on recipients of federal funds. </li></ul></ul><ul><ul><li>Unfunded mandate – requirement imposed on the states by Congress that does not provide funding. </li></ul></ul><ul><ul><li>Unfunded Mandates Reform Act 1995 – passed to curb the growth in unfunded mandates. </li></ul></ul>Federal Grant Programs Copyright © 2011, 2010 Pearson Education, Inc. All rights reserved.

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