Advantages and disadvantages http://www.sparknotes.com/us-government-and-politics/american-government/federalism/section4.rhtml
Question for Discussion: What does dual and cooperative federalism have in common with layer and marble cakes? In the dual-layer cake analogy, the chocolate icing represents the federal government and the yellow cake is the state government. In this design, the federal and state government have very defined powers and duties which seldom overlap (for instance, only the states regulate public schools, only the federal government handles foreign affairs). The state government has almost equal power to the federal government. In the cooperative-marble cake analogy, the federal government is acutely more powerful than the states and its authority has shifted into areas historically left to the states (education, social welfare, response to natural disasters).
Chapter 4 - Federalism
Pre ClassDecisions Parents or Decisions Teenagers and Decisions TeenagersGuardians Might Make Parents/Guardians Might Make Might Make Together
F E D E R A a way of L organizing a nation so I that all S power resides in M the central government Example: a “loose” Great Britain friendship with limited central gov’t…*Think: Articles of Confederation or the UN!
Who has the power? Directions: For each statement, indicate if you think it is a power of the National government, power of the state governments, or power that is shared between the two. N = national (federal) power S = state power C = concurrent power – shared by state and national government
Pre ClassFinish filling in your federalism chart from yesterday!
The common person (such as artisans, shopkeepers, andfarmers) should take an active role in government.It is important to challenge the government, even if itleads to revolution.The presidency should be a position that meets the wantsand needs of the people.The Supreme Court should have the ability to interpretlaws passed by the federal and state governments.
What does the Constitution say?The laws & treaties of the national govt are SUPREME (SUPREMACY CLAUSE) BUT10th amendment - the national govt. cannot usurp state powers!!
National Powers Delegated Powers – powers in the Constitution that are given to the national govt Expressed/enumerated powers Implied powers – not specifically listed Ie. Draft people into the armed forces Based on necessary and proper clause (elastic clause) Inherent Powers – powers exercised simply because it is a govt Control immigration, establish relations with other countries
State Powers Reserved powers – those which are reserved for the states, though not written in the Constitution Powers “not delegated to the US by the Constitution, nor prohibited by it to the states” States have authority over matters not in the Constitution (ie. Public education)
Concurrent Powers Those which are shared between the national and state govts
supremacy clause – state lawscannot conflict with national law; bound to the US Constitution What happens when states go against federal law??
Reaction to Brown v. Board: The Little Rock Crisis AK’s gov. sends Natl Guard to keep students out of Central High Eisenhower’s response: AK National guard and paratroopers sent to Central High to escort students Members of the 101st Airborne escort the Little Rock 9 into school.
Eckford didn’t receive the call from the NAACP stating they would provide transportation; she set out alone to desegregate Central High.As white students jeer her and Arkansas National Guards look on, Elizabeth Eckfordenters Little Rock Central High School in 1957
Denied Powers things the govt CANNOT do National Govt CAN’T Tax exports interfere with states’ ability to carry out responsibilities State Govts CAN’T Makes treaties/alliances with foreign countries States MUST Have approval of Congress to collect import/export taxes or make inter-state compacts
Guarantees to the States Republican form of govt – all states must have a representative government; each time a member of Congress takes their seat, this is reinforced Protection – from domestic unrest and foreign invasion Territorial integrity – national govt cannot take a piece of the state’s territory when creating new states
Pre Class What is the difference between delegated and reserved powers? Give an example of each!
Interstate RelationsResponsibilities of states: Full faith and credit – must respect each other’s civil laws (ie. Marriages, wills, birth certificates) Privileges and immunities – right to pass through or live in a state, use the courts, make contracts, buy, sell and hold property Extradition – must return criminals/fugitives who flee across state lines to escape justiceInterstate Compacts – agreements between statesLawsuits between States heard by Supreme Court
Growing National GovernmentRemember the ELASTIC CLAUSE allows Congress to STRETCH its powers!! War Powers – natl govt can be active in education and the economy in order to carry out national defense Commerce Power – producing, buying, selling, transporting goods, Civil Rights Act 1964 – banned discrimination in hotels, restaurants, etc. Taxing Power – income tax (1913), ; Social Security tax, sin taxes (ie. Tobacco)
A Sin Tax at work - cigarettes 2009 – tax on cigarettes rises 65 cents per pack 55 percent of smokers are considered to be "working poor." One in four smokers lives below the poverty line. On average, smokers, whose median income is a little more than $36,000, make about 30 percent less than non-smokers. Using numbers from the 2000 census, there are approximately 218 million people age 18 and over in the United States. If 21 percent of those people smoke one pack of cigarettes per day, the federal government will collect an additional $10,360,014,000 per year. Congress created this tax to pay for the expansion of the State Childrens Health Insurance Program (SCHIP), a program originally designed to provide aid to impoverished children.
How does the national govt. influence the policies of the states? By providing federal grants of money By mandating, or requiring, state and local govts to follow certain policies Federal grants – money that comes from federal tax dollars that is allocated (given) to the states for specific purposes Help reduce inequality among wealthy and less wealthy states because wealth is redistributed **come at a price – states have to meet certain conditions in order to get the money!! Preemption laws – when the federal govt takes over the function of a state govt
Can limit states’powers OR can mandate that states do certain things
“He who pays the piper calls the tune” Why is the national drinking age 21??The short answer to this question is because Congress passed the National Minimum Drinking Age Act of 1984 (Title 23 U.S.C. §158) which essentially said to the states: If you (states) want the federal money you’re entitled to for your roads and transportation systems, then you will raise your minimum drinking age to 21 years old. This is an example of an unfunded mandate – requires state govts to perform a certain action with no money provided for fulfilling the requirements
Use our study of federalism to list advantages and disadvantages in a chart like the one below.Advantages Disadvantages Limits abuse of power because • It is difficult to power is divided between communicate in cases of national, state and local govt emergency – ie. Hurrican Gives more power to Katrina minorities • Voters become fatigued – States/local govts have a say don’t understand all of the National govt can use states as positions they are voting “laboraties” to test out what for at the local, state and works – ie. marijuana national level National govt can focus on big • Promotes selfishness issues – not Wawa’s in among the states Abington!
STOP HERE!We didn’t go any further in our notes
Fishbowl Directions Each group will spend time in the “fishbowl” discussing their topic, while the rest of the class observes The class should record notes on their handout while each group discusses At the end of the conversation, the rest of the class may join in the discussion Topics: Medical marijuana Physician assisted suicide National School Test
Medicinal Marijuana Monsons Argument: Under Californias 1996 Compassionate Use Act, Monson argued that it was legal for her to grow and smoke marijuana with her doctors permission. Monson claimed that the federal governments intervention exceeded its constitutional power. California had the right to legalize the use of marijuana for medical purposes grown within the state and not sold to anyone. In addition, she argued that the state has the right to monitor the health and well-being of its citizens. She also stressed that her activities were noneconomic, and therefore the Commerce Clause did not apply. Federal Governments Argument: The federal government took the position that it had the right to intervene because of its constitutional power to regulate interstate commerce. The Bush administration felt that medicinal marijuana use could affect the price and quantity of the substance on the black market. As a result, the government must strongly regulate the use of the drug to protect the publics health and safety. Courts Decision: In a 6-3 decision, the Supreme Court ruled in favor of the federal governments right to regulate marijuana. The case was Gonzales v. Raich.
Physician Assisted Suicide Oregons Argument: There are two main arguments for the state of Oregon. In 1997, the Supreme Court declined to decide if there was a constitutional right to physician-assisted suicide after hearing arguments for two "right to die" cases that year. Through the Courts ruling, it was suggested that the issue should be left to the states. Oregon also argued that it is within its rights to regulate the medical community within the state, including how drugs are prescribed under the national Controlled Substance Act of 1971. Federal Governments Argument: The federal government suggested that Congress never envisioned that the Controlled Substance Act of 1971 would be used as a tool for assisted suicide. In addition, the federal government has the right to regulate controlled substances under the act, and any state laws must yield to the national guidelines set forth. Courts Decision: In a 6-3 decision, the Supreme Court ruled in favor of Oregon, stating that the Controlled Substances Act did not dictate how a doctor prescribed medicine.
National School Test State Governments Argument: Some Republicans have argued that federalism grants the right to establish educational standards to the states. States should be able to determine content standards, methods of instruction, and assessment tools. Federal Governments Argument: Those in support of a nationally mandated test argue that it would not impinge on federalism, but would only alter the application of the concept. States would still have influence on their educational system, just under national guidelines. Courts Decision: As of 2006, the idea of a national test was still in the discussion stage. No law has been passed or tested in the courts.
Video – US v. the States What would our national government look like today if it possessed only the enumerated powers? What kinds of powers should be held by the states alone?
Ex: Jim Crow (segregation) laws – in the original Constitution, states could determine voter eligibility. Southern states used poll taxes and literacy tests to deny blacks the right to vote until the 1960s. In 1896, Plessyv. Ferguson legalized segregation (“separate but equal”). After Brown v. Board, states had to desegregate.Dual Federalism (“Layer cake”)•National and state governmentsare co-equal•National govt only has a say if theConstitution grants it•Most power goes to the states
Ex: Brown v. Board (54) – states said national govt took away their rights by striking down segregation 2000s George W. Bush and the “9-11 Era.” Greater federal control over law enforcement, education, and security (examples No Child Left Behind Act, USA Patriot Act).Cooperative Federalism (“marble cake”) - 1930s –present•National govt is supreme over the states andintervenes in areas that were traditionally left to thestates•Loose interpretation of Constitution•National and state govts share power and costs:education, social programs, transportation, civilrights, response to national emergencies•States follow federal guidelines
What does dual and cooperative federalismhave in common with layer and marble cakes?
Whose Problem is it - Federal, State or Local Government? The problems faced by all levels of government in modern life can be staggering and even overwhelming. You will be given four scenarios that are based on real life situations. You group’s task is to address the problems and decide which level of government or combination thereof, would best handle the problem. Directions: Read each scenario carefully and address the following: Identify what tasks need to be carried out to address the problem. Identify what level(s) of government, federal, state or local, is responsible and/or best equipped to resolve the problem. Provide clear rational for each of your choices.
Fiscal Federalism Definition: The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments
Summary American federalism is a governmental system in which power is shared between a central government and state governments. The United States has moved from dual to cooperative federalism Federalism leads to both advantages and disadvantages to democracy.