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Democracy on the Lurch 1Democracy on the Lurch 2
Types of Government
Unitary            Confederal          Federal• National          • States have      • Shared  Government          control...
Green – FederalBlue - Unitarian
Federal Powers vs. State Powers   • States of individual                                    jurisdiction (power)          ...
Federalism, Freedom and theConstitution                              • States can block                                pro...
• National Government Powers – 3 Types   • National Power   • State Power   • Prohibited Power
• 17 Clauses – Article 1, Section 8 – 3 Power Types   • Enumerated (listed) powers   • Elastic   • Inherent         Waging...
Police Power –Authority to legislatefor the protection ofthe health, morals,safety and welfare ofthe people.
Jennifer Granholm
Article IV–S1Gives full faithand credit to      Article IV–S2every other        Extend to everystate’s public             ...
Current Insurance & Finance
John Marshall’s View of FederalismMcCulloch v. Maryland (1819)Gibbons v. Ogden (1824)
States’ Rights and the Resort to Civil WarGovernment expanded role by increasing spendingfor war effort. Income taxes were...
Expanded the role of national governmentAbolished slavery through the 13th, 14th, and 15th Amendments
Dual Federalism (Layered Cake Federalism)—a model offederalism in which the states and the nationalgovernment each remain ...
Supreme Courting       Supreme Court Obamacare• The Court allowed the national government  to intervene in state activitie...
The New Deal    At the time, the largest    expansion of national    government, with the    passage of National    Recove...
The Supreme Courtchallenged Roosevelt’sauthority, whichpromoted dualfederalism. • The Court rejected the   NRA on the grou...
CooperativeFederalism (MarbledCake Federalism)—Since 1937 a model offederalism in whichthe states and thenational governme...
StateLocal                   Federal         Education          Infrastructure          Health          Agriculture       ...
Formula based grants use a formula based on variables suchas the state’s needs, population, or willingness to matchfunds. ...
$ For FY 2009, the           – Categorical Grants  national government          −Due to the recent  gave $538 billion to t...
US Dept of Ed -                                       $36.5 BillionFed Says 1.1 Billion toMIMI says Fed Gave 1.3Billion   ...
Programs like NCLB take a ―one size fitsall‖ approach to traditional state andlocal responsibilities. The results arestate...
− Congress passes the costs  associated with legislation to states  and localities. Waivers allow states  to experiment in...
US Slavery after the Civil War
Johnsons Great Society
• The ―New Federalism‖ – Embraced by Republican   Presidents Nixon and   Reagan   −   Conversion to block grants       for...
− Bill Clinton signed legislation thattransferred significant control over welfareprograms back to the states.− George W. ...
In the 1930s, the Court expanded therole of the national governmentthrough the broad interpretation ofthe commerce clause....
– The Court has given weight  to states’ rights  − United States v. Lopez    (1995)  − Invalidated federal    provision re...
•    The Court Sends Mixed     Messages    – The Court has backed       federal government’s       position      − States ...
The Court Sends Mixed Messages• Massachusetts v. EPA (2007)—MA,several states, cities, andenvironmental groups argued that...
The Court Sends Mixed Messages − In 2008, under the Bush   Administration, Massachusetts filed   suit for the EPA avoiding...
Federalism
Federalism
Federalism
Federalism
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Federalism

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Overview for National Government Class

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Federalism

  1. 1. Democracy on the Lurch 1Democracy on the Lurch 2
  2. 2. Types of Government
  3. 3. Unitary Confederal Federal• National • States have • Shared Government control over Authority by controls Central Constitution lower levels Government • Concurrent – Education, which is Powers police, land mostly use, welfare • Central & administrative Regional and funding – European of local Governments government Union (EU). Supreme in activities their sphere
  4. 4. Green – FederalBlue - Unitarian
  5. 5. Federal Powers vs. State Powers • States of individual jurisdiction (power) • Strong national government for common issues – Allows the federal government to spread responsibility – Political authority spreads • Political subcultures develop – Allows citizens to be more involved
  6. 6. Federalism, Freedom and theConstitution • States can block progress of the federal government • State inequality • Tyranny of the majority
  7. 7. • National Government Powers – 3 Types • National Power • State Power • Prohibited Power
  8. 8. • 17 Clauses – Article 1, Section 8 – 3 Power Types • Enumerated (listed) powers • Elastic • Inherent Waging War
  9. 9. Police Power –Authority to legislatefor the protection ofthe health, morals,safety and welfare ofthe people.
  10. 10. Jennifer Granholm
  11. 11. Article IV–S1Gives full faithand credit to Article IV–S2every other Extend to everystate’s public Article IV–S2 other states’acts, records, citizens the Agree to returnand judicial privileges and persons who areproceedings. immunities of fleeing from its own citizens. justice in another state back to their home state when requested to do so.
  12. 12. Current Insurance & Finance
  13. 13. John Marshall’s View of FederalismMcCulloch v. Maryland (1819)Gibbons v. Ogden (1824)
  14. 14. States’ Rights and the Resort to Civil WarGovernment expanded role by increasing spendingfor war effort. Income taxes were introduced todefray costs associated with war. Pension andwidow benefits expanded the nationalgovernment’s role in social enterprises. There wasa freeze on civil liberties.
  15. 15. Expanded the role of national governmentAbolished slavery through the 13th, 14th, and 15th Amendments
  16. 16. Dual Federalism (Layered Cake Federalism)—a model offederalism in which the states and the nationalgovernment each remain supreme within their ownspheres. The doctrine looks on national and state as co-equal sovereign powers. Neither the state governmentnor the national government should interfere in theother’s sphere.
  17. 17. Supreme Courting Supreme Court Obamacare• The Court allowed the national government to intervene in state activities through grants and subsides.• The Court barred the national government from regulating matters that the Court considered to be purely local issues
  18. 18. The New Deal At the time, the largest expansion of national government, with the passage of National Recovery Act of 1933 (NRA), that included legislation to provide codes for every industry to restrict competition and regulate labor disputes.http://www.thedailyshow.com/watch/tue-october-4-2011/indecision-2012---the-great-right-hope---the-manchurian-candi-dad
  19. 19. The Supreme Courtchallenged Roosevelt’sauthority, whichpromoted dualfederalism. • The Court rejected the NRA on the ground that it regulated intrastate, nor interstate, commerce. • The Court struck down several key pieces of the “New Deal”.
  20. 20. CooperativeFederalism (MarbledCake Federalism)—Since 1937 a model offederalism in whichthe states and thenational governmentcooperate in solvingproblems.
  21. 21. StateLocal Federal Education Infrastructure Health Agriculture Infrastructure Anti-Poverty Urban Development
  22. 22. Formula based grants use a formula based on variables suchas the state’s needs, population, or willingness to matchfunds. Program grants requires states to apply for grants forspecific programs.
  23. 23. $ For FY 2009, the – Categorical Grants national government −Due to the recent gave $538 billion to the Great Recession, states states have had to $ Formula based rely on the national $ Program based government for increased funding. −States continue to turn to the national government for bailouts to ensure survival.
  24. 24. US Dept of Ed - $36.5 BillionFed Says 1.1 Billion toMIMI says Fed Gave 1.3Billion Source: http://www.mackinac.org/8552
  25. 25. Programs like NCLB take a ―one size fitsall‖ approach to traditional state andlocal responsibilities. The results arestates must adjust its curriculum andplacate to policymakers in order toreceive funding. Programs that may besuccessful at the local and national leveloftentimes are not successful at thenational level because of lengthyrequirements and the lack of funding toimplement programs.
  26. 26. − Congress passes the costs associated with legislation to states and localities. Waivers allow states to experiment innovative approaches in the implementation of mandates− Examples—environmental; voter registration; education of people with disabilities, transportation, healthcare, homeland security, election laws, etc.
  27. 27. US Slavery after the Civil War
  28. 28. Johnsons Great Society
  29. 29. • The ―New Federalism‖ – Embraced by Republican Presidents Nixon and Reagan − Conversion to block grants for state spending flexibility − Revenue sharing by federal, state and local governments
  30. 30. − Bill Clinton signed legislation thattransferred significant control over welfareprograms back to the states.− George W. Bush increased federalcontrol over education and educationalfunding.− Devolution—the transfer of powers froma national or central government to a stateor local government. New Federalisminvolved in conversion of categorical grantsinto block grants, thereby giving statesmore flexibility in spending.
  31. 31. In the 1930s, the Court expanded therole of the national governmentthrough the broad interpretation ofthe commerce clause. In the 1990s,the Court has tended to give greaterweight to states’ rights. The Courtruled that Congress’ Gun-FreeSchool Zones Act in 1990 wasunconstitutional; it attempted toregulate an area that had ―nothing todo with commerce, or any sort ofeconomic enterprise.‖
  32. 32. – The Court has given weight to states’ rights − United States v. Lopez (1995) − Invalidated federal provision requiring states to provide background checks of prospective handgun purchasers
  33. 33. • The Court Sends Mixed Messages – The Court has backed federal government’s position − States are not protected against discrimination based on gender or disability. − Federal government triumphs California’s medical marijuana legalization laws.
  34. 34. The Court Sends Mixed Messages• Massachusetts v. EPA (2007)—MA,several states, cities, andenvironmental groups argued that theEPA refuted claims of the lack ofauthority to regulate carbon dioxideand other greenhouse-gases• The Court ruled that the EPA couldchoose not to regulate auto emissionsand other heat-trapping gases, but onlyif it could provide scientific basis for itsrefusal.
  35. 35. The Court Sends Mixed Messages − In 2008, under the Bush Administration, Massachusetts filed suit for the EPA avoiding the opinion. − In 2009, the Obama Administration declared the pollutants endangers the public welfare. − The EPA granted California and thirteen other states, and Washington, D.C. a waiver in June 2009 that allows them to impose tougher tailpipe emissions. The Bush Administration had previously denied the waiver request.

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