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Ch 3 Federalism


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Ch 3 Federalism

  1. 1. Federalism Chapter 3
  2. 2. Hurricane Katrina
  3. 3. Hurricane Katrina  August 29, 2005  Devastating parts of New Orleans, Mississippi and Alabama  Thousand of citizens were stranded without electricity, food ,water, health care, communications, or police protection
  4. 4. Hurricane Katrina  State and local governments are the first responders to natural disasters  The national government is supposed to supplement state and local efforts  A standoff between hesitant federal officials and overwhelmed authorities deepened the crisis in New Orleans  Chaos reigned as the fractured division of responsibility meant no one person or agency was in charge
  5. 5.  The complications surrounding the gov’t response to Katrina illustrate the importance of understanding American Federalism  The issue was determining the appropriate federal and state powers and responsibilities
  6. 6. More Recently…  Hurricane Sandy
  7. 7. Federalism  The Patient Protection and Affordable Car Act, also called by critics “Obamacare”, was signed into law by president Obama. Faced a year long battle in Congress Lead to a lawsuit by states and a subsequent Supreme Court Case A prime example of the relationship between states and the federal government = federalism
  8. 8. Does Federalism  Enhance democracy in the US?  Make the gov’t more responsive to US citizens?  Make gov’t more complicated?
  9. 9. Chapter Outline and Learning Objectives  Defining Federalism LO 3.1: Define federalism and explain its consequences for American politics and policy.
  10. 10. Chapter Outline and Learning Objectives  The Constitutional Basis of Federalism LO 3.2: Outline what the Constitution says about division of power between national and state governments and states' obligations to each other and trace the increasing importance of the national government.
  11. 11. Chapter Outline and Learning Objectives  Intergovernmental Relations Today LO 3.3: Characterize the shift from dual to cooperative federalism and the role of fiscal federalism in intergovernmental relations today.  Understanding Federalism LO 3.4: Assess the impact of federalism on democratic government and the scope of government.
  12. 12. Defining Federalism  What is Federalism?  Federalism: a way of organizing a nation so that two or more levels of government have formal authority over the land and people  Not a common method of governing  11 out of 200 nations have a federal system (Germany, Mexico, Argentina, Canada, Australia, India, US)
  13. 13.  Unitary governments: a way of organizing a nation so that all power resides in the central government  Most governments govern with this system  American states have unitary systems Counties/Townships/Borough – only have authority granted to them
  14. 14.  Confederation: The United Nations is a modern example.  The US began as a confederation – Articles of Confederation  Very rare form of government
  15. 15. Defining Federalism
  16. 16. What if ????  How would politics and policies be different in America if there were a unitary system instead of a federal system?  Or a confederation instead of a federal system?  Does the American form of federalism increase democracy, or does it have a negative effect on democracy?
  17. 17. Defining Federalism  Why Is Federalism So Important? Decentralizes our politics • On Election day there are 51 presidential elections (50 states + DC) • More opportunities to participate Decentralizes our policies • Federal and state governments handle different problems. • States regulate Alcohol distribution, marriage, education and speed limits. • “Laboratories of Democracy” - States can solve the same problem in different ways and tend to be policy innovators.
  18. 18. Intergovernmental Relations  The workings of the federal system  The entire set of interactions among national, state and local governments  Analyzing these relations will be the subject of this chapter
  19. 19. The Constitutional Basis of Federalism  The Division of Power National Powers • Enumerated powers-Spelled out • Implied • Inherent State Powers – Reserved Concurrent
  20. 20. The Constitutional Basis of Federalism
  21. 21. The Constitutional Basis of Federalism  The Division of Power Supremacy Clause, Article VI of the Constitution states the following are supreme: • The U.S. Constitution • Laws of Congress • Treaties Yet, national government cannot usurp state powers. • Tenth Amendment
  22. 22. The Constitutional Basis of Federalism  Establishing National Supremacy Implied and enumerated powers • McCulloch v. Maryland (1819) • Elastic Clause • Key Principles • Supremacy of the national gov’t over states • National gov’t has certain implied powers
  23. 23. The Constitutional Basis of Federalism Commerce Powers • Based on the enumerated power to “regulate inter-state commerce” • Thought of as “deregulating” states • American courts have spent many years trying to define commerce • Gibbons v. Ogden (1824) – Strong central government was the winner • Today, commerce not only covers movements of goods, but also radio/internet/telephone etc.
  24. 24. The Constitutional Basis of Federalism  Key Cases Wikard v. Filburn, 1942 • Commerce clause upheld to regulate individuals behavior United States v. Lopez, 1995 • Supreme Court rules that commerce that “Federal Gun Free School Zone” not an appropriate use of commerce clause
  25. 25. The Constitutional Basis of Federalism  The Civil War (1861-1865)  What McCulloch pronounced Constitutionally, the Civil War did militarily  National government asserted it’s power
  26. 26. The Constitutional Basis of Federalism The Struggle for Racial Equality • Brown v. Board of Education (1954) • The conflict over equality was “settled” in favor of the Nation government
  27. 27. LO 3.2 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman
  28. 28. The Constitutional Basis of Federalism  The Power to Tax and Spend  Congress has the Constitutional power to tax and spend  Money plays a key role in the federal government’s relationship with the states. Congress gives money to the states, for example, but stipulates how this money should be used in order to force the states to cooperate with federal policies.
  29. 29. The Constitutional Basis of Federalism  States’ Obligations to Each Other  Full Faith and Credit: Each state must recognize official documents and judgments rendered by other states. • Article ?, Section I of Constitution  Privileges and Immunities: Citizens of each state have privileges of citizens of other states. Exceptions? • Article ?, Section 2 of Constitution  Extradition: States must return a person charged with a crime in another state to that state for punishment.
  30. 30. Intergovernmental Relations Today  Dual Federalism Definition: a system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies Like a layer cake Narrowly interpreted powers of federal government Ended in the 1930’s
  31. 31. Intergovernmental Relations Today  Cooperative Federalism Definition: a system of government in which powers and policy assignments are shared between states and the national government Like a marble cake Shared costs and administration States follow federal guidelines
  32. 32. LO 3.3 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman
  33. 33. Intergovernmental Relations Today  Devolution? Devolution – Transferring responsibility for policies from the federal government to state and local governments. State and local governments are mostly responsible for handling crime, welfare, and education. (Police Powers) LO 3.3 To Learning Objectives
  34. 34. Intergovernmental Relations Today  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
  35. 35. LO 3.3 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman
  36. 36. Intergovernmental Relations Today  Fiscal Federalism (continued) The Grant System: Distributing the Federal Pie (600 Billion) • Categorical Grants: federal grants that can be used for specific purposes; grants with strings attached • Project Grants: based on merit; Money states apply for by submitting specific project proposals • Formula Grants: amount varies based on formulas • Block Grants: federal grants given more or less automatically to support broad programs • Grants are given to states & local governments. • Revenue sharing: grant used in the 1970’s and 1980’s preferred by states because it came with no strings attached
  37. 37. LO 3.3 To Learning Objectives
  38. 38. Intergovernmental Relations Today  Fiscal Federalism (continued) The Scramble for Federal Dollars • $460 billion in grants every year The Mandate Blues • Mandates direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant. • Unfunded mandates
  39. 39. Understanding Federalism  Advantages for Democracy  Increases access to government  Local problems can be solved locally  Hard for political parties or interest groups to dominate all politics  Disadvantages for Democracy  States have different levels of service  Local interest can counteract national interests  Too many levels of government and too much money
  40. 40. Summary  American federalism is a governmental system in which power is shared between a central government and the 50 state governments.  The United States has moved from dual to cooperative federalism; fiscal federalism.  Federalism leads to both advantages and disadvantages to democracy.
  41. 41. Understanding Federalism
  42. 42. Should Whether You Live Depend on Where You Live?
  43. 43. Understanding Federalism  Federalism and the Scope of Government What should the scope of national government be relative to the states? • National power increased with industrialization, expansion of individual rights, and social services. • Most problems require resources afforded to the national, not state governments.