Magleby chapter3 ppt
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This document outlines key concepts about American federalism from a textbook. It discusses the definition of federalism and the advantages and disadvantages of the US federal system. It also differentiates the powers granted to national and state governments by the Constitution, and assesses the role of courts in defining this relationship. Additionally, it analyzes how the national budget impacts federalism and the relationship between levels of government. It evaluates current challenges around balancing national and state power and the future of federalism.
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Magleby chapter3 ppt
- 2. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 3American Federalism
- 3. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Learning Objectives 3.1 3.2 3 Interpret the definitions of federalism, and assess the advantages and disadvantages of the American system of federalism Differentiate the powers the Constitution provides to national and state governments
- 4. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Learning Objectives 3.3 3.4 3 Assess the role of the national courts in defining the relationship between the national and state governments, and evaluate the positions of decentralists and centralists Analyze the budget as a tool of federalism, and evaluate its impact on state and local governments
- 5. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Learning Objectives 3.5 3 Evaluate the current relationship between the national and state governments and the future challenges for federalism 3.5
- 6. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Defining Federalism Alternatives to Federalism Advantages of Federalism Disadvantages of Federalism 3.1
- 7. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 3.1 Cooperative Federalism
- 8. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Alternatives to Federalism Unitary system Central government holds all power Confederation Constituent units are sovereign Not all federations are alike Vary over time as well as place 3.1
- 9. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Advantages of Federalism Federalism checks the growth of tyranny Federalism allows unity without uniformity Federalism encourages experimentation Federalism provides training and creates opportunities for future national leaders Federalism keeps government closer to the people 3.1
- 10. Copyright © 2015 by Pearson Education, Inc. All rights reserved. FIGURE 3.1: Number of governments in the United States, 2009 3.1
- 11. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Disadvantages of Federalism Government cannot respond quickly to national problems Division of power makes it difficult for voters to hold elected officials accountable Lack of uniformity can lead to conflict Variation in policies creates redundancies, inefficiencies, and inequalities 3.1
- 12. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 3.1 Which type of government vests all sovereign power in a central authority? 3.1 a. Confederation b. Unitary government c. Federalism d. Alliance
- 13. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 3.1 Which type of government vests all sovereign power in a central authority? 3.1 a. Confederation b. Unitary government c. Federalism d. Alliance
- 14. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Constitutional Structure of American Federalism Powers of the National Government Powers of the States Constitutional Limits and Obligations Interstate Relationships 3.2
- 15. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Powers of the National Government Types of powers in the Constitution Delegated powers Implied powers Necessary and proper clause Express power Inherent powers 3.2
- 16. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Powers of the National Government National government authority over states: Supremacy clause War power Power to regulate interstate and foreign commerce Power to tax and spend 3.2
- 17. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Powers of the States Reserve power All powers not granted to national government Concurrent power Shared powers with national government 3.2
- 18. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 3.2 Medical marijuana
- 19. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Constitutional Limits and Obligations States prohibited from: Making treaties Interfering with foreign commerce Coining money Taxing imports/exports Engaging in war National government cannot force states to enforce national laws 3.2
- 20. Copyright © 2015 by Pearson Education, Inc. All rights reserved. TABLE 3.1: Constitutional division of national and state powers 3.2
- 21. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Sobriety checkpoint 3.2
- 22. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Interstate Relationships Full faith and credit Interstate privileges and immunities Extradition Interstate compacts 3.2
- 23. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 3.2 What are state-only powers known as? 3.2 a. Concurrent b. Reserve c. Extradition d. Supremacy
- 24. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 3.2 What are state-only powers known as? 3.2 a. Concurrent b. Reserve c. Extradition d. Supremacy
- 25. Copyright © 2015 by Pearson Education, Inc. All rights reserved.
- 26. Copyright © 2015 by Pearson Education, Inc. All rights reserved.
- 27. Copyright © 2015 by Pearson Education, Inc. All rights reserved. National Courts and Federalism McCulloch v. Maryland National Courts and the Relationship with the States Supreme Court and the Role of Congress Continuing Debate Between Centralists and Decentralists 3.3
- 28. Copyright © 2015 by Pearson Education, Inc. All rights reserved. McCulloch v. Maryland (1819) Dispute over division of federal-state power Marshall’s opinion Implied national powers National supremacy 3.3
- 29. Copyright © 2015 by Pearson Education, Inc. All rights reserved. National Courts and the Relationship with the States Fourteenth Amendment Due process Equal protection Preemption Conflict with national law Dominant national interest 3.3
- 30. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Supreme Court and the Role of Congress 1930s-1990s: Court favors national government power Broadly interprets commerce clause Shift toward states’ rights Conservative appointees Constitutional counterrevolution 3.3
- 31. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Voter registration 3.3
- 32. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Continuing Debate Between Centralists and Decentralists Centralists believe national government should exercise its powers to the fullest Lincoln, Roosevelt, FDR, Johnson, Court Decentralists believe government power should be narrowly defined Anti-Federalists, Jefferson, Reagan, Bush, conservative Supreme Court justices Devolution revolution: returning power to the states 3.3
- 33. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 3.3 Texting while driving
- 34. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 3.3 Which president would have been a decentralist? 3.3 a. Abraham Lincoln b. Franklin Delano Roosevelt c. Ronald Reagan d. All of the above
- 35. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 3.3 Which president would have been a decentralist? 3.3 a. Abraham Lincoln b. Franklin Delano Roosevelt c. Ronald Reagan d. All of the above
- 36. Copyright © 2015 by Pearson Education, Inc. All rights reserved. National Budget as a Tool of Federalism Types of National Government Grants Politics of National Grants Battle for Grants Unfunded Mandates 3.4
- 37. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Types of National Government Grants Project grants Formula grants Categorical grants Block grants 3.4
- 38. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Changing School Lunches 3.4
- 39. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Politics of National Grants; Battle for Grants Republicans favor block grants Democrats favor categorical grants Battles tend to be cyclical When one level has control, people tend to think other level would do better States and local governments lobby for grants 3.4
- 40. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Unfunded Mandates Unfunded Mandates Reform Act of 1995 Must explain costs to state and local government Must explain why those governments must pay for it 3.4
- 41. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 3.4 Which type of grant gives states more discretion in how the money is spent? 3.4 a. Project grant b. Categorical grant c. Unfunded mandate d. Block grant
- 42. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 3.4 Which type of grant gives states more discretion in how the money is spent? 3.4 a. Project grant b. Categorical grant c. Unfunded mandate d. Block grant
- 43. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Politics of Federalism Growth of National Government Future of Federalism 3.5
- 44. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Growth of National Government Power has shifted to national government Problems national in scope Economic growth Great Depression (1930s) Communications technology Civil War Inertia 3.5
- 45. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Future of Federalism Greater roles of state government Which government will protect civil rights? Federalism Source of rewards Source of frustration 3.5
- 46. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 3.5 The tendency of federalism in the U.S. has been toward 3.5 a. More federal power b. More state power c. Increases in both federal and state power d. Decreases in both federal and state power
- 47. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 3.5 The tendency of federalism in the U.S. has been toward 3.5 a. More federal power b. More state power c. Increases in both federal and state power d. Decreases in both federal and state power
- 48. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Discussion Question What are the different types of grants that the federal government can give to the states? Which type do states prefer, and why? Do these grants give more power to the federal government or the states? 3
Editor's Notes
- In recent years, some states have passed laws that enforce national laws more aggressively. They have also passed laws that challenge the national government’s power to set rules covering illegal immigrants. Some of these laws have been declared unconstitutional by the national courts. But states continue to pass new laws to reduce illegal immigration.
- In this chapter, we define federalism and its advantages and disadvantages. We then look at our federal system’s constitutional basis, and how the courts and politics shape federalism in the United States.
- In a federal system the Constitution divides powers between the country and its states or provinces. Over time, there has been support for different balances between state and government power. These include the shift from dual federalism to marble-cake federalism. The federal system in the United States protects us from tyranny. It also permits local variation in policy, and encourages experimentation. But this comes with more complexity, conflict, and difficulty. An example of this is in figuring out which level of government should provide which goods and services.
- State and local governments police the streets but do not enforce federal laws. Still, they often work with national agencies like the FBI and the DEA. This is called cooperative federalism.
- In a unitary system, all power is held by a central government. It may both give and take away power from its units. This is the most common kind of government. Some countries with unitary systems are China, France, the UK, the Scandinavian countries, and Israel. A confederation is the opposite. In it, the central government makes rules for the constituents, but has no real power. Nations can’t operate for long like this. But the European Union, for example, uses a variation of this model. There is no single model for dividing authority between the national and state governments in a federation. It varies over time.
- The Framers chose federalism as a compromise. Some people favored a strong national government. But some states refused to join if forced to give up sovereignty. Federalism has advantages and disadvantages. It is possible for a single interest group to control the national government at the expense of others. So, dividing powers between central and state governments was an advantage. When the federal government does not act, states can vote on divisive issues, such as same-sex marriage. Successful states can become models for other states’ programs. Federalism helps train state and local politicians for work on the national stage. Federalism helps keep government closer to the people. It provides many opportunities to participate in state and local government. This helps build the public’s trust.
- How do the levels and numbers of governments in the United States help to prevent tyranny?
- The Department of Homeland Security was created in response to the 9/11 terrorist attacks. But it has been stymied by having to work with 50 state governments and thousands of local governments. After a disaster such as Hurricane Katrina, does the federal, state, or local government bear responsibility? Federalism complicates government preparedness and responsiveness. States often disagree on policy standards—not only with each other but also with the federal government. Licensing and certification laws are different among the various levels. This makes it complicated to do business. Also, states may undercut each other to attract businesses.
- Now I want to test your comprehension about what we've just covered by asking you this brief question.
- In a unitary system, the central government rules. It may delegate authority to constituent units, and it may take it away.
- Now let’s go over the Constitutional structure of Federalism. The Constitution provides three types of powers to the national and state governments. These are: • delegated powers to the national government, • reserve powers for the states, • and concurrent powers that they share. The national government also has implied powers under the necessary and proper clause. And it has inherent powers during war and national crisis. This power over the states stems primarily from several constitutional pillars. These include the national supremacy clause and the war powers. Also included are its powers to regulate commerce, and its power to do what Congress thinks is necessary and proper to promote the general welfare and to provide for the common defense. These constitutional pillars have permitted tremendous expansion of the functions of the national government.
- The Constitution explicitly gives legislative, executive, and judicial powers to the national government. These delegated powers include the power to regulate interstate commerce. It also has implied powers inferred from the delegated powers, such as the power to create banks. The “necessary and proper” clause is the constitutional basis for the implied powers. This clause gives Congress the right “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers.” Powers specifically listed in the Constitution are also called express powers because they are listed expressly. Inherent powers do not depend upon any specific constitutional provision.
- The supremacy clause states that national laws trump state laws and set minimum standards by which states must abide. An example of this is the minimum wage law. States may set the minimum wage higher if they wish. The national government is responsible for protecting the nation from external threats. It also has the power to wage war. The commerce clause gives Congress authority to regulate all interstate and international commerce. What constitutes interstate commerce continues to expand, although the Court has set some limits on Congress’s broad interpretation of this clause. Congress may not pass laws solely to promote the general welfare. But it may raise taxes and spend for this purpose. For example, the national government cannot regulate education or agriculture directly, but it does have the power to appropriate money to support education or to pay farm subsidies. By attaching conditions to its grants, the national government creates incentives that affect states.
- All powers not granted to the national government are reserved for the states. That is, unless they are specifically forbidden. Only the states can create schools and local governments, for example. The national and state governments also share powers. These concurrent powers with the national government include the power to levy taxes and regulate commerce within each state.
- Although many states allow the use of medicinal marijuana, the Supreme Court decided that the national government could regulate its use in the states as a form of interstate commerce.
- Both the state and federal governments are forbidden from certain actions. States can’t make treaties with foreign governments, nor can they interfere with their commerce. They also cannot coin money, tax imports or exports, or engage in war. The national government cannot make states enforce federal laws. But it can threaten to withhold federal funding as way to enforce compliance.
- This table shows delegated, reserved, and concurrent powers. Do any of these power divisions surprise you? Activity: Ask your students to list the ways government affects their daily lives. Then ask them which level influences or regulates that activity. Are they more influenced by the national or state and local governments?
- Under national pressure and the threat of losing national funding if they do not act, states have raised the drinking age to 21. States are also under pressure to monitor drunk driving more aggressively.
- The “full faith and credit” clause requires states to honor other states’ legal contracts. If you are married or divorced in one state, for example, you are considered to be in all 50. States must give citizens of all other states the privileges and immunities they grant to their own citizens. This is because of the “interstate privileges and immunities” clause. Extradition is the returning of a suspect to the state where he is wanted. The Constitution requires states to do this. Otherwise, a state could become a haven for wanted criminals. States must settle disputes with one another without force. States may carry their legal disputes to the Supreme Court. They may also negotiate interstate compacts. This requires Congressional approval.
- Now that we’ve covered the constitutional structure of federalism, I’d like to test your comprehension with this brief question.
- The Tenth Amendment to the Constitution reserves to states all powers not given to the national government.
- The national courts decide on the division of power between national and state governments. The Marshall Court, in decisions such as Gibbons v. Ogden and McCulloch v. Maryland, asserted the power of the national government over the states. The court also promoted a national economic common market. In the past, debates about federalism were about its constitutional structure. Recent decentralist decisions signal shifts in the Court’s interpretation of our federal system. Today, those debates are about whether action should come from the national or the state and local levels.
- Congress had established a national bank and Maryland tried to tax it. That forms the background to this precedent-setting case. James William McCulloch, cashier of the bank, refused to pay on the grounds that a state could not tax an instrument of the national government. The case wound up before the Supreme Court. Chief Justice John Marshall ruled first that the federal government had the power to establish banks. This comes under its implied powers. Second, Marshall ruled that states could not tax federal agencies. Such taxes could destroy the federal agencies. This ruling outlined the concept of national supremacy.
- The Fourteenth Amendment to the Constitution protects the rights of citizens to due process of law. Many cases that come before the Supreme Court deal with this issue. Often, these are challenges to activities of state and local governments that may be a violation of due process and the equal protection clause. If they conflict with national laws, state laws can be preempted. They can also be preempted when federal interests are so dominant that they override state laws. For example, federal civil rights laws preempted discriminatory state laws that denied some citizens of their rights to equal protections. Supreme Court justices in the past tended to rule in favor of national laws. In recent years, the rulings have supported state powers over national authority.
- From the 1930s until the 1990s, Supreme Court rulings broadly interpreted the commerce and necessary and proper clauses to uphold the constitutionality of federal legislation. In recent years, a Court with more conservative appointees has been inclined to limit federal powers. They are ruling more in favor of states’ rights. The return to the federalism of the 1930s has been called a constitutional counterrevolution. As one example, the Court struck down portions of the Violence Against Women Act of 1994. This Act permitted victims of sexual violence and gender-based attacks to file federal lawsuits against their attackers (United States v. Morrison, 2000). Violence against women costs the national economy $3 billion. But the Court ruled that this does not significantly impact interstate commerce. Therefore, Congress exceeded its authority in enacting the bill.
- States are responsible for registering voters, but the national government makes sure that state registration rules are constitutional.
- From the beginning of the Republic, there has been debate about the “proper” distribution of powers, functions, and responsibilities between the national government and the states. Centralists favor a national government that takes the lead on issues like gun control and environmental pollution. Decentralists want states to take action on these issues. Centralists believe government should take action as long as the Constitution doesn’t forbid it. Some centralist presidents were Lincoln, both Roosevelts, and Lyndon Johnson. Decentralists see the Constitution as a compact among sovereign states. The states, not the people, created the central government and gave it limited authority. It is little more than an agent of the states, and its powers should be narrowly defined. They favor returning power to states. Some decentralist presidents were Jefferson, Reagan, and George H.W. Bush. This devolution revolution saw some success in the 1990s. Activity: Use a think/pair/share exercise to have students consider the following question: Did devolution return power to the states? Discuss the problem that with power comes accountability and financial responsibility. States may want power to make policies, but do they want to pay for them? Students may also wish to consider a particular example, like No Child Left Behind, to illustrate their arguments.
- States have the power to prohibit texting while driving for their citizens. The federal government has the power to prohibit texting while driving for truck and bus drivers engaged in interstate commerce.
- As we’ve just gone over the centralist/decentralist debate, I’d like to test your comprehension with this brief question.
- Decentralism is also known as states’ rights. The Anti-Federalists, Thomas Jefferson, the Supreme Court from the 1920s to 1937, and former Chief Justice William H. Rehnquist were also supporters.
- Congress gives money to state and local programs. States rely on these federal funds for things like highways and clean air. The money comes from grants. Some of these are categorical grants, formula grants, project grants, and block grants. The federal government also uses mandates and other means to control activities of state and local governments.
- State or local governments must apply for project grants. Project grants fund scientific research, security, education, and other programs that are defined very narrowly in the application. The application process is very competitive. Formula grants, as the name suggests, are based on a formula. Population is most often used. A dollar amount is given for each person in the target population. The target population might be people living below the poverty line. The formula could be based on the number of boarded-up homes in a region. Categorical grants are meant for very specific purposes. These are tightly monitored to ensure the money is spent as directed. They are the largest grants but sometimes require money from the state. Block grants are for specific policy areas, such as health care or education. States have much more discretion in how they’re spent.
- Some grants include elements of different types. Grants for school lunches are based on a formula. This is the number of students. They are also categorical. The lunches must meet nutrition standards. School lunches are an example of cooperative federalism. The national government provides the program and the local public school districts administer the program under state guidelines.
- Republicans tend to favor block grants, which give states more leeway. This is in keeping with their states’ rights leanings. Democrats generally favor more detailed, federally supervised spending. The battle over national versus state control of spending tends to be cyclical. When problems arise, people tend to want to shift responsibility to another level of government. State and local governments lobby aggressively for grants. They will employ professional grant writers to prepare applications to make them more attractive. Obviously, states prefer block grants because they have more discretion in how they spend the money.
- Unfunded mandates are laws imposed on states that don’t come with the money needed to carry them out. Needless to say, unfunded mandates are not popular with states. Republican Newt Gingrich helped pass the Unfunded Mandates Reform Act of 1995. The act requires congressional committees that approve the mandates to explain what it will cost the state and local governments. They must also justify why it is appropriate to have these governments pay for the mandate. One unfunded mandate that passed after this act involved increasing the minimum wage to state and local employees.
- Now that we’ve covered grants, I’d like to test your comprehension with this brief question.
- Block grants are made for more generalized functions like child care and community development. By definition, these are provided with very few requirements attached.
- The national government has grown dramatically over the past 200 years. It has asked states to do more on its behalf. States have pressed back against the national government. hey continue to fight for their authority to use powers that are reserved for them under the Constitution.
- Throughout the past two centuries, the national government has accrued more power. This wasn’t planned. As the country changed and developed, problems became more national in scope. With industrialization came giant corporations and a need for economic regulation. With the Great Depression came problems states could not tackle on their own. Citizens used to feel a connection to their state more than the national government. However, increased communications technology and the effects of the Civil War began to create the feeling of national citizenship. There is also a tendency for federal programs, once established, to generate groups with vested interests in promoting, defending, and expanding them. It is politically politically difficult to remove popular programs like Social Security and Medicare after they have been in operation for many decades.
- During recent decades, state governments have undergone a major transformation. Most have improved their governmental structures, taken on greater roles in funding education and welfare, and expanded their tax bases. The term states’ rights was once used as a code for keeping racial discrimination. Yet today some states allow same-sex marriages. At the same time, others are calling for a constitutional amendment against it. Federalism is a source of rewards when it addresses major problems like poverty. It is also a source of frustration when disagreements between sand the federal government result in inaction. Activity: Have students create lists, on the board, in support for nationalization, and for states’ rights. Have the class value (e.g., 1–10 points) each point on each list. Which issue(s) finally has consensus, in points, regarding support for power in the federal system?
- I’d like to test your comprehension on the politics of federalism with this brief question.
- As the Advisory Commission on Intergovernmental Relations observed in a 1981 report, “No one planned the growth, but everyone played a part in it.”