Govt 2305-Ch_3

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Govt 2305-Ch_3

  1. 1. Federalism Chapter 3
  2. 2. Three Systems of Government  Governmental Units in the United States  Federal Government – 1  State Governments – 50  Local Governments – 88,525  Counties – 3,034  Municipalities – 19,429  Townships – 16,504  Special Districts (water, sewer, etc.) – 36, 052  School Districts – 13,506  Total – 88, 576
  3. 3. Three Systems of Government  There are roughly 200 independent nations in the world today  Each nation has its own system of government  Each nation’s structure relations between central government and local units fall into three models:  The Unitary System  The Confederal System  The Federal System
  4. 4. Three Systems of Government  The Unitary System  Historically, the most popular model (and still the most popular today)  A centralized governmental system in which ultimate governmental authority rests in the hands of the national, or central government  Example: France  Regions, department, and municipalities in France elect their appointed officials  However, the decisions of the lower levels of government can be overruled by the national government  Additionally, the nation government can cut off funding of many local governmental activities  All questions of education, police, land usage, and welfare are handled solely by the national government
  5. 5. Central Government State Government
  6. 6. Three Systems of Government  The Confederal System  The opposite of a unitary system  A system consisting of a league of independent states, each having essentially sovereign powers.  The central government created by such a league has only limited powers over the states  Cannot make laws directly applicable to the states  Example: The Articles of Confederation  Few Confederal Systems exist today, with the exception of the European Union (EU)  League of European countries that observe a large body of common European laws  Share the same currency, the euro
  7. 7. Central Government State Government
  8. 8. Three Systems of Government  The Federal System  Lies between the unitary and confederal systems of government  Authority is divided between a central (federal) government and state (or regional) governments, usually by a written constitution  Both the central and state governments act on behalf of the people through laws and the actions of elected and appointed governmental officials  Within each government’s sphere of influence and authority, each is supreme  Besides the United States, Australia, Brazil, Canada, Germany, India, and Mexico have federal systems
  9. 9. Central Government State Government
  10. 10. Why Federalism?  Practical Issues  The Framers saw a practical problem – how do we unite the colonies?  Liberty-based Argument  Liberty is more secure in small republics  (Eric Oliver) Participation is greatest in small governments, to an extent  States often lead the way regarding civil rights (women’s suffrage and western states)  However, rights can be curtailed by states (Jim Crow laws in the South from 1880s to 1940s)
  11. 11. Why Federalism?  Other Arguments  “Farming Out” Authority  The national government can distribute responsibilities to the state/local governments  Additionally, the state and local governments often take the brunt of political dissatisfaction  Geography  Large area and population of some nations make it impractical to locate all political authority and resources in one location  Bringing Government to the People  Federalism brings government closer to the people through direct access to local/state government
  12. 12. Why Federalism?  Arguments against Federalism  Impeding Progress  Some see federalism as a way for power state/local interests to block progress and impede national plans  Inequity due to lack of oversight  Marked differences state to state in educational spending, crime/crime prevention, and even building safety  Unitary Arguments  President Ronald Reagan argued that federalism has given way to expansion of national powers  “The Founding Fathers saw the federalist system as constructed something like a masonry wall. The States are the bricks, the national government is the mortar…Unfortunately, over the years, many people increasingly come to believe that Washington is the whole wall.”
  13. 13. National v. Compact Theory  Who is “We the People”?  National – people of the U.S. as individuals created the federal gov’t and thus, determined the federal gov’t to be superior to the states  States are technically not parties to the Constitution and do not have the right to determine the scope of federal authority  Compact – people are represented by the states as the nation was formed through a compact agreed upon by all states thus, the federal gov’t is a creation of the states  States should be the final arbiters regarding whether the federal gov’t has overstepped its boundaries
  14. 14. Principles of Federalism  Divided Sovereignty  “Who gets what, when, and how” depends on where (federal or state level)  Partial Jurisdiction  Where exactly is the division of sovereignty between the federal government and the state governments?  Institutional Protection  What provisions are in place to ensure that the federal or state governments do not overstep their boundaries?
  15. 15. Divided Sovereignty  Think of the U.S. without federalism  Culturally, we wouldn’t have states  Regions or localities instead  No state governors or legislatures  No state police  No TABC regulating bars  No state bureaucracy  Want to hunt?  Get a license from the Department of Interior instead of Texas Parks & Wildlife
  16. 16. What is the Division of Sovereignty?  The Federalists believed in limited, but necessary and proper national power  Hamilton’s Opinion (Federalist #17 & #23)  “Commerce, finance, negotiation, and war seem to comprehend all the objects which have charms for minds governed by that passion; and all the powers necessary to those objects ought in the first instance to be lodged in the national depository.”  “The administration of private justice between citizens of the same State, the supervision of agriculture and of other concerns of a similar nature, all those things, in short, which are proper to be provided for by the local legislation, can never be desirable cares of a general jurisdiction.”
  17. 17. Constitutional Basis for American Federalism  The Constitution sets out different types of powers:  The powers of the national government  The powers of the state government  Prohibited powers  The Constitution also makes it clear that if a state or local law conflicts with a national law, the national law will prevail
  18. 18. Powers of the National Government  Types of powers:  Expressed  Implied  Inherent  Expressed powers are also called enumerated powers  Powers specifically granted to the national government by the Constitution  The first 17 clauses of Article I, Section 8 specify most of the enumerated powers of the national government
  19. 19. Powers of the National Government (Enumerated)  Enumerated powers  Lay and collect taxes, excises, pay the debts, provide for the common defense and general welfare of the United States  Borrow money on credit  Regulate commerce with foreign nations  Establish rules of naturalization  Coin money, regulate value, fix weights and measures  Establish post offices and post roads  Constitute tribunals inferior to the Supreme Court  Declare war, raise armies  Provide and maintain a Navy  Provide for calling forth the militia  Exercise exclusive legislation in all cases  Make all laws which shall be necessary and proper for carrying into execution the foregoing powers
  20. 20. Check my SlideShare page (rfair07) for more lectures Lectures posted for:  United States History before 1877 / after 1877  Texas History  United States (Federal) Government / Texas Government  Slide 20 of 48  To download a full copy of the full PowerPoint presentation, please go to: https://gumroad.com/l/BrSU  20

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