Chapter 3: Federalism

Three Ways to Divide SubNational and National
Governments
A Unitary System
o Central government gives power to
lower governments (cities, states,
etc.)
o Especially important is it...
Some nations using this system:
Great Britain
France
Italy
Sweden
A Confederal System
o Sovereign
power at local
or regional
level
o European Union
o Other
Examples?
A Federal System
o Divides power between
national and lower
governments.

o Each government has
distinct, sovereign
powers...
Both…
Elect officials
Tax citizens for services

Use powers guaranteed by
Constitution
Involved in changing Constituti...
While America‟s Framers
created Federalism…
Does it have a Unitary System
at some level?
Why Did Founders Choose
Federalism?
Advantages
 States act as training ground
 Political subcultures allowed
 Increases Participation
 Policy Experimentat...
“If their rights

are invaded by
either, they can
make use of the
other as the
instrument of
redress.”
Alexander Hamilton
Disadvantages
Faction (minority rights)
Complexity (confusion)
Accountability (federal grants)
Flow of Power in 3 Systems
State Governments
Full Faith and Credit Clause
in Constitution
 States give “full faith & credit” to
“public acts, records & judicial
proce...
Excludes criminal laws:

States return people
accused of crimes
Rather commit murder in
CT than TX
Marriage and Full Faith
and Credit Clause
States must honor legal
marriages made under laws of
other states
However. . .
1996 Federal Defense of
Marriage Act (DOMA):
No state has to honor same sex
marriages from other states
Federal government recognizes
marriage as union
between heterosexuals only
Passed Senate 85-14, House 342-67
Did DOMA conflict with Full Faith and
Credit Clause?
According to 2013 SCOTUS
ruling, it‟s mixed.

Federal recognition of SSM in states
that have it ONLY.
Did not create const...
…because marriage isn‟t a
constitutional right?
Not mentioned in Constitution
Marriage typically handled by
states
Tenth Amendment
Powers “not delegated to U.S. by
Constitution, nor prohibited by it
to states, are reserved to state
respe...
Federal powers not specifically
outlined in constitution are state
powers
In theory, it still applies, but in
reality fe...
Police power:
In U.S. most
police power
reserved to
states.
 Core issue separating
Federalists & Anti-federalists
Divides today‟s Liberals and
Conservatives
Champions of 10th Amendment when
convenient…

…welfare reform, abortion, medi...
THE GREAT DEBATE:
Centralist vs. Decentralists
Decentralists
State‟s rights
Constitution created by states, which
create...
Centralist
Strong, involved, unhindered federal
government except where prohibited
National government represents all
peop...
Centralist vs. Decentralist Arguments:

Where do you stand?

Sale and use of firearms
Education
Environment
1964 and 1...
The Federal
Government

31
Ronald Reagan‟s 1981
Inaugural Address
Note President Reagan‟s remarks in
his first Inaugural Address.
Decentralist or Cen...
“Government by an elite group”
“We are nation that has a government, and
not the other way around”
“Federal tax system is ...
Powers of National
Government



Enumerated Powers

Implied Powers
(Necessary and Proper Clause)

Necessary & Proper
Clause:
authorized to make laws
to execute enumerated
powers & other
constitutional powers
Example One
Congress tests missile-defense system;
established U.S. Air Force

Congress allocates money for both.
Not ment...
Congress implies this power
through…

Article I, Section 8: Congress‟
power to "raise & support
Armies”
Example 2:
Congress regulates radio and TV

airwaves
How?
Clause 3: Congress‟ power to “regulate
interstate commerce”
• Airwaves cross state lines: interstate
• Broadcasting i...
Congress establishes national

parks
An abuse of un-enumerated
powers?
EXPANSION OF FEDERAL POWER
McCulloch v. Maryland (1819)

Chief Justice John Marshall
1816:
Congress chartered Second
Bank of United States

1818:
Maryland passed legislation
to tax bank
Two Questions
Did Congress have implied power to
establish bank?
Did Maryland unconstitutionally
interfere with congress?
Unanimous SCOTUS Ruling
Congress can incorporate bank
Maryland‟s tax unconstitutional
Congress has un-enumerated powers
Co...
Gibbons vs. Ogden (1824)
 Conflicts

between legitimate
national action and states
resolved in favor of former.
HISTORICAL CHANGES IN
AMERICAN FEDERALISM SINCE
1787
State Centered Federalism
(1787 to 1865)
Adoption of Constitution to ...
Dual Centered Federalism
(1865 to 1913)

Balanced Period.

Clear Distinctions
States: Welfare, etc…
Federal: National Defe...
Cooperative Federalism
(1913 to 1930s)

Sharing responsibilities
Distinctions became blurred
Centralized Federalism
(1930s to 1980)

Massive growth of Federal Government
Roosevelt: Great Depression led to New
Deal.
...
 1935:

President
Franklin D.
Roosevelt
Signs Social
Security Act
Share of nonmilitary spending by Federal,
State, Local Governments before and after
passage of New Deal legislation
New Federalism
(1980 to ?)

• Ronald Reagan wins office
• Devolution of government power
• Republicans win Congress („94)
...
YET… No Child Left Behind Act. Dept. of Homeland
Security. Nationalization of Health Care.

Still in age of New Federalism...
Concurrent Powers
Concurrent
Powers

National
Government

Power to
Tax

State
Government

Make and
Enforce
Laws

Power To
...
Prohibited Powers
 Apply

to national
and state
– national government
cannot tax exports or
create national
divorce laws....
Checks and Balances
Federalism is an additional
way of preventing any level of
government from growing too
strong…
…beyond...
EXAM!

 50 True and False Questions
 Bring Laptop
 Use exam review to study Wilson text only!
 Avoid studying Power Po...
3 federalism 2 classes
3 federalism 2 classes
3 federalism 2 classes
Upcoming SlideShare
Loading in …5
×

3 federalism 2 classes

892 views

Published on

Introduction to American Government. Department of Government and Politics at Sacred Heart University, Fairfield, CT

Published in: Education, News & Politics
0 Comments
1 Like
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total views
892
On SlideShare
0
From Embeds
0
Number of Embeds
18
Actions
Shares
0
Downloads
0
Comments
0
Likes
1
Embeds 0
No embeds

No notes for slide
  • Watch 20 minutes!!
  • 3 federalism 2 classes

    1. 1. Chapter 3: Federalism Three Ways to Divide SubNational and National Governments
    2. 2. A Unitary System o Central government gives power to lower governments (cities, states, etc.) o Especially important is its role as provider of funds 2
    3. 3. Some nations using this system: Great Britain France Italy Sweden
    4. 4. A Confederal System o Sovereign power at local or regional level o European Union o Other Examples?
    5. 5. A Federal System o Divides power between national and lower governments. o Each government has distinct, sovereign powers o U.S., Australia, Brazil, Canada, Germany, India, Mexico
    6. 6. Both… Elect officials Tax citizens for services Use powers guaranteed by Constitution Involved in changing Constitution (called concurrent powers)
    7. 7. While America‟s Framers created Federalism… Does it have a Unitary System at some level?
    8. 8. Why Did Founders Choose Federalism?
    9. 9. Advantages  States act as training ground  Political subcultures allowed  Increases Participation  Policy Experimentation  Divides Power
    10. 10. “If their rights are invaded by either, they can make use of the other as the instrument of redress.” Alexander Hamilton
    11. 11. Disadvantages Faction (minority rights) Complexity (confusion) Accountability (federal grants)
    12. 12. Flow of Power in 3 Systems
    13. 13. State Governments
    14. 14. Full Faith and Credit Clause in Constitution  States give “full faith & credit” to “public acts, records & judicial proceedings” of other states  Includes civil laws (property rights, wills, marriages)
    15. 15. Excludes criminal laws: States return people accused of crimes Rather commit murder in CT than TX
    16. 16. Marriage and Full Faith and Credit Clause
    17. 17. States must honor legal marriages made under laws of other states
    18. 18. However. . . 1996 Federal Defense of Marriage Act (DOMA): No state has to honor same sex marriages from other states
    19. 19. Federal government recognizes marriage as union between heterosexuals only Passed Senate 85-14, House 342-67
    20. 20. Did DOMA conflict with Full Faith and Credit Clause?
    21. 21. According to 2013 SCOTUS ruling, it‟s mixed. Federal recognition of SSM in states that have it ONLY. Did not create constitutional right to SSM …
    22. 22. …because marriage isn‟t a constitutional right? Not mentioned in Constitution Marriage typically handled by states
    23. 23. Tenth Amendment Powers “not delegated to U.S. by Constitution, nor prohibited by it to states, are reserved to state respectively, or to the people.”
    24. 24. Federal powers not specifically outlined in constitution are state powers In theory, it still applies, but in reality federal power grown enormously
    25. 25. Police power: In U.S. most police power reserved to states.
    26. 26.  Core issue separating Federalists & Anti-federalists
    27. 27. Divides today‟s Liberals and Conservatives Champions of 10th Amendment when convenient… …welfare reform, abortion, medicinal marijuana (state or federal?)
    28. 28. THE GREAT DEBATE: Centralist vs. Decentralists Decentralists State‟s rights Constitution created by states, which created central government States closer to people
    29. 29. Centralist Strong, involved, unhindered federal government except where prohibited National government represents all people; states just some
    30. 30. Centralist vs. Decentralist Arguments: Where do you stand? Sale and use of firearms Education Environment 1964 and 1965 civil rights legislation Illegal drugs Marriage Abortion
    31. 31. The Federal Government 31
    32. 32. Ronald Reagan‟s 1981 Inaugural Address Note President Reagan‟s remarks in his first Inaugural Address. Decentralist or Centralist? Ronald Reagan’s First Inaugural Start at 4:00 minutes
    33. 33. “Government by an elite group” “We are nation that has a government, and not the other way around” “Federal tax system is stifling” “Federal government taxes too much” “Federal government has become elitist” “Federal government did not create the states, the states created the federal government”
    34. 34. Powers of National Government  Enumerated Powers Implied Powers (Necessary and Proper Clause) 
    35. 35. Necessary & Proper Clause: authorized to make laws to execute enumerated powers & other constitutional powers
    36. 36. Example One Congress tests missile-defense system; established U.S. Air Force Congress allocates money for both. Not mentioned in Constitution
    37. 37. Congress implies this power through… Article I, Section 8: Congress‟ power to "raise & support Armies”
    38. 38. Example 2: Congress regulates radio and TV airwaves
    39. 39. How? Clause 3: Congress‟ power to “regulate interstate commerce” • Airwaves cross state lines: interstate • Broadcasting is a business: commerce
    40. 40. Congress establishes national parks An abuse of un-enumerated powers?
    41. 41. EXPANSION OF FEDERAL POWER McCulloch v. Maryland (1819) Chief Justice John Marshall
    42. 42. 1816: Congress chartered Second Bank of United States 1818: Maryland passed legislation to tax bank
    43. 43. Two Questions Did Congress have implied power to establish bank? Did Maryland unconstitutionally interfere with congress?
    44. 44. Unanimous SCOTUS Ruling Congress can incorporate bank Maryland‟s tax unconstitutional Congress has un-enumerated powers Congress supreme within its sphere of action
    45. 45. Gibbons vs. Ogden (1824)  Conflicts between legitimate national action and states resolved in favor of former.
    46. 46. HISTORICAL CHANGES IN AMERICAN FEDERALISM SINCE 1787 State Centered Federalism (1787 to 1865) Adoption of Constitution to end of Civil War
    47. 47. Dual Centered Federalism (1865 to 1913) Balanced Period. Clear Distinctions States: Welfare, etc… Federal: National Defense, etc…
    48. 48. Cooperative Federalism (1913 to 1930s) Sharing responsibilities Distinctions became blurred
    49. 49. Centralized Federalism (1930s to 1980) Massive growth of Federal Government Roosevelt: Great Depression led to New Deal. Johnson: Great Society Programs - food stamps, welfare, Medicaid. Nixon: EPA. Carter: Department of Education.
    50. 50.  1935: President Franklin D. Roosevelt Signs Social Security Act
    51. 51. Share of nonmilitary spending by Federal, State, Local Governments before and after passage of New Deal legislation
    52. 52. New Federalism (1980 to ?) • Ronald Reagan wins office • Devolution of government power • Republicans win Congress („94) • Clinton: “era of big government is over” • Welfare Reform Bill („96)
    53. 53. YET… No Child Left Behind Act. Dept. of Homeland Security. Nationalization of Health Care. Still in age of New Federalism?
    54. 54. Concurrent Powers Concurrent Powers National Government Power to Tax State Government Make and Enforce Laws Power To Establish Courts Power To Police (Limited)
    55. 55. Prohibited Powers  Apply to national and state – national government cannot tax exports or create national divorce laws. – States cannot conduct foreign policy and coin money. “Congress… has the power to coin money.”
    56. 56. Checks and Balances Federalism is an additional way of preventing any level of government from growing too strong… …beyond its Constitutional Powers.
    57. 57. EXAM!  50 True and False Questions  Bring Laptop  Use exam review to study Wilson text only!  Avoid studying Power Points  Exam taken directly from text  Charge up your laptops!!

    ×