Federalism (ch.3)

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Breakdown of US Federali

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  • Each country has ultimate power within the system although there is an EU parliament and other institutions that set a common European policy.
  • Madison's Federalist Paper #10 remains among the most influential works of American political theory.
  • Implied Powers—allow the national government to make decisions that fall outside the expressed powers. Inherent Powers—recognized by all sovereign nations.
  • Affirmed that the power of Congress is not strictly limited to the expressed powers. Marshall held that Congress has implied powers to carry out the expressed powers. This case set the precedent for the national government to regulate a wide range of economic activities.
  • Post Civil War amendments represented a serious enhancement of national power. The national government now abolished slavery, defined who was an American citizen, and attempted (with limited success) to provide rights to the freed slaves that included the right to vote.
  • SOURCE: Advisory Commission on Intergovernmental Relations, Significant Features of Fiscal Federalism (Washington, D.C.: Government Printing Office, 1979), 7.
  • SOURCE: Advisory Commission on Intergovernmental Relations, Significant Features of Fiscal Federalism (Washington, D.C.: Government Printing Office, 1979), 7.
  • States tend to have a more liberal or more conservative political culture, which is reflected in their policies, whether for moral issues or other issues.
  • http://www.ncsl.org The National Council of State Legislatures promotes reform and increased efficiency in state legislatures, helps facilitate interstate cooperation, and lobbies for state issues. Its home page provides information about current issues of relevance to states and links to the home pages of all state legislatures. http://www.nga.org At this website of the National Governor’s Association you can find out how federal-state relations look from the perspective of the state’s fifty chief executives. You will also see a pool of likely presidential candidates for the coming decade. http://www.publicintegrity.org This is a very useful site monitoring ethics, money, and politics issues at the state level. http://www.dhs.gov At the website for the Department of Homeland Security you can read about the division of responsibility for homeland security among national, state, and local governments. It contains a link to your state’s homeland security department as well as to the Federal Emergency Management Agency (FEMA).
  • http://www.closeup.org/federal.htm Close Up Foundation on Federalism A nonprofit, nonpartisan citizenship education organization that offers a time line of federalism and provides links to historical documents, outside analyses, government websites, and media resources. http://www.jamesmadison.org The James Madison Institute A public policy research organization dedicated to the principles of federalism. The site offers access to its quarterly publication, The Journal of the James Madison Institute, the monthly newsletter “The Messenger,” and excerpts from current books and studies. http://www.thisnation.com /federalism.html This Nation Provides resources and historical documents related to American government and politics and includes a link to a discussion of federalism.
  • Federalism (ch.3)

    1. 1. Chapter 3: Federalism
    2. 2. A Unitary System <ul><li>Central government gives power to sub-national governments (counties, provinces, etc.). </li></ul><ul><li>Local governments typically have only those powers granted to them by the central government, rather than any reserved powers. </li></ul><ul><li>Especially important is the central government’s role as provider of funds. </li></ul>Copyright © 2009Cengage Learning
    3. 3. A Confederal System <ul><li>Power is retained by local or regional governments. </li></ul><ul><li>Example: The European Union </li></ul>Copyright © 2009Cengage Learning
    4. 4. A Federal System <ul><li>Divides power between the national and lower level governments. </li></ul><ul><li>Each government has distinct powers that the other governments cannot override. </li></ul><ul><li>Examples: Australia, Brazil, Canada, Germany, India, Mexico, and the United States. </li></ul>Copyright © 2009Cengage Learning
    5. 5. Why Federalism? <ul><li>The authors of the Constitution wanted to combine a central government strong enough to maintain order with strong states. </li></ul><ul><li>The large geographical size of a country. </li></ul><ul><li>State governments have served as training grounds for national politicians and as laboratories in which new ideas can be tested. </li></ul><ul><li>Federalism allows for many political subcultures. </li></ul>Copyright © 2009Cengage Learning
    6. 6. Arguments Against Federalism <ul><li>A way for powerful states to block plans </li></ul><ul><li>Inequalities across states </li></ul><ul><li>Some see expansion of national powers as a danger </li></ul><ul><li>The influence of James Madison </li></ul>Copyright © 2009Cengage Learning ©The Granger Collection, New York
    7. 7. The Federal System <ul><li>Scholars and political leaders alike have debated the relative merits and drawbacks of federalism since the founding of the republic. The following slide lists some of the major arguments that have been made. </li></ul>Copyright © 2009Cengage Learning
    8. 8. The Federal System (cont.) Copyright © 2009Cengage Learning
    9. 9. The Flow of Power in Three Systems of Government Copyright © 2009Cengage Learning
    10. 10. Powers of the National Government <ul><li>Enumerated Powers </li></ul><ul><ul><li>The Necessary and Proper Clause </li></ul></ul><ul><li>Implied Powers </li></ul><ul><li>Inherent Powers </li></ul>Copyright © 2009Cengage Learning
    11. 11. Powers of State Governments <ul><li>According to the Tenth Amendment, all powers that were not delegated to the national government. </li></ul><ul><li>In theory states still retain all powers not delegated to the national government, but in reality the national government has expanded the scope of governmental action on a grand scale. </li></ul>Copyright © 2009Cengage Learning
    12. 12.
    13. 13. Powers of State Governments <ul><li>Police power: In the United States, most police power is reserved to the states. </li></ul>Copyright © 2009Cengage Learning
    14. 14. Concurrent Powers Copyright © 2009Cengage Learning Concurrent Powers Power to Tax Power To Make and Enforce Laws Power To Establish Courts National Government Power To Police (Limited) State Government
    15. 15. Prohibited Powers <ul><li>Apply to both the national and state governments </li></ul><ul><ul><li>The national government is prohibited from taxing exports. </li></ul></ul><ul><ul><li>State governments are prohibited from conducting foreign policy and from coining money. </li></ul></ul>Copyright © 2009Cengage Learning © AP/ Wide World Photos “ Congress… has the power to coin money.”
    16. 16. Supremacy Clause <ul><li>Article VI of the Constitution mandates that actions by the national government are supreme. </li></ul><ul><li>Any conflict between a legitimate action of the national government and a state will be resolved in favor of the national government. </li></ul>Copyright © 2009Cengage Learning
    17. 17. Vertical Checks and Balances <ul><li>Federalism can be seen as an additional way of preventing government from growing too strong, beyond the division of the national government into the legislative, executive, and judicial branches. </li></ul>Copyright © 2009Cengage Learning
    18. 18. Interstate Relations <ul><li>Article IV of the Constitution attempts to resolve potential problems between states by stipulating the following: </li></ul><ul><ul><li>Full faith and credit clause—states must honor actions of other states </li></ul></ul><ul><ul><li>Privileges and immunities </li></ul></ul><ul><ul><li>Interstate extradition </li></ul></ul><ul><ul><li>Interstate compacts </li></ul></ul>Copyright © 2009Cengage Learning
    19. 19. Defining Constitutional Powers <ul><li>McCulloch v. Maryland (1819) </li></ul><ul><li>Gibbons v. Ogden (1824) </li></ul>Copyright © 2009Cengage Learning © Bettmann /Corbis Chief Justice John Marshall: “ Let the end be legitimate.”
    20. 20. States’ Rights <ul><li>The Jacksonian Era and the shift back to States’ Rights </li></ul>Copyright © 2009Cengage Learning
    21. 21. The Civil War Copyright © 2009Cengage Learning Library of Congress
    22. 22. Dual Federalism <ul><li>Emphasized dividing the state and national spheres of power into entirely separate jurisdictions. </li></ul><ul><li>Part of the Supreme Court’s attempt to regain its powers after the Civil War. </li></ul>Copyright © 2009Cengage Learning
    23. 23. The New Deal and Cooperative Federalism <ul><li>New Deal legislation vs. Dual Federalism </li></ul><ul><li>Cooperative federalism emphasized an expanded role for the national government, and cooperation between the national government and the states. </li></ul>Copyright © 2009Cengage Learning
    24. 24. Share of Nonmilitary Spending by the Federal, State, and Local Governments before and after the Passage of New Deal Legislation Copyright © 2009Cengage Learning
    25. 25. Share of Nonmilitary Spending by the Federal, State, and Local Governments before and after the Passage of New Deal Legislation Copyright © 2009Cengage Learning
    26. 26. The New Deal and Cooperative Federalism <ul><li>Roosevelt’s programs typically were funded by the federal government, but administered by states and local governments, thus creating a cooperative framework for federalist relations. </li></ul><ul><li>Often called picket-fence federalism </li></ul>Copyright © 2009Cengage Learning
    27. 27. <ul><li>1935: President Franklin D. Roosevelt Signs the Social Security Act </li></ul>Copyright © 2009Cengage Learning © UPI /Bettman /Corbis
    28. 28. Implementing Cooperative Federalism <ul><li>Categorical Grants </li></ul><ul><li>“ Strings-Attached” Federal Grants </li></ul><ul><li>Block Grants </li></ul><ul><li>Federal Mandates </li></ul>Copyright © 2009Cengage Learning
    29. 29. Where the Money Goes Copyright © 2009Cengage Learning
    30. 30. Federal Grants to State and Local Governments: 1980–2007 Copyright © 2009Cengage Learning
    31. 31. Where the Money Goes: Federal Grants to State and Local Governments, by Function, 2007 (in billions of dollars) Copyright © 2009Cengage Learning
    32. 32. Copyright © 2009Cengage Learning © 2003 AP/Wide World Photos
    33. 33. The Shift Toward Central Government Spending Copyright © 2009Cengage Learning
    34. 34. The Politics of Federalism <ul><li>States’ rights have been associated with conservatism, and national authority has been associated with liberalism. Why? </li></ul>Copyright © 2009Cengage Learning
    35. 35. Accomplishments of National Authority <ul><li>Economic relief </li></ul><ul><li>Civil rights and the War on Poverty </li></ul><ul><li>States favor the status quo </li></ul>Copyright © 2009Cengage Learning
    36. 36. The Storm of the Century Copyright © 2009Cengage Learning Click the icon to open the movie
    37. 37. Copyright © 2009Cengage Learning Reuters/David J. Phillip/Pool/Landov
    38. 38. Questions <ul><li>Which level of government do you believe should have taken the lead in terms of addressing this situation—the federal government, the state governments or the local governments? </li></ul><ul><li>Is it possible for the different levels of government to coordinate their efforts and fully and effectively cooperate in helping Americans? </li></ul>Copyright © 2009Cengage Learning
    39. 39. Questions (cont.) <ul><li>The blame game is difficult and dangerous to play, yet if it is played to whom would you assign the greatest degree of blame for the failure of government to respond to this disaster—the President of the United States, the Governors of Louisiana and Mississippi, or the mayors of the cities that were hit the hardest, especially New Orleans? </li></ul>Copyright © 2009Cengage Learning
    40. 40. Questions (cont.) <ul><li>Place yourself in the position of being an advisor to George W. Bush. How would you have counseled him to respond to the aftermath of Katrina? What role do you believe the President of the United States should play in this sort of situation? </li></ul>Copyright © 2009Cengage Learning
    41. 41. Federalism Becomes a Republican Issue <ul><li>“ New Federalism.” Beginning with President Richard Nixon (1969–1974), the Republican Party championed devolution , or the transfer of powers from the national government to the states. They called this policy federalism , a new use of the term. </li></ul><ul><li>Under current conditions liberals may have pragmatic reasons to support states’ rights in some instances, such as in gay rights issues. </li></ul>Copyright © 2009Cengage Learning
    42. 42. Copyright © 2009Cengage Learning © 2004 AP/Wide World Photos
    43. 43. Political Culture Is Reflected in State’s Policies Copyright © 2009Cengage Learning
    44. 44. Federalism and the Supreme Court <ul><li>Reigning in the Commerce Power </li></ul><ul><li>State Sovereignty and the Eleventh Amendment </li></ul><ul><li>Tenth Amendment Issues </li></ul>Copyright © 2009Cengage Learning
    45. 45. Federalism: Deciding Who Decides Copyright © 2009Cengage Learning Click the icon to open the movie
    46. 46. Federalism: Deciding Who Decides <ul><li>How did Marshall’s interpretation of the necessary and proper clause in McCulloch v. Maryland shift the balance of power between states and the federal government? </li></ul>Copyright © 2009Cengage Learning
    47. 47. Federalism: Deciding Who Decides <ul><li>How can such varied forms of Federalism exist under one Constitution? </li></ul><ul><li>What has contributed to the flexibility of state and federal powers? </li></ul>Copyright © 2009Cengage Learning
    48. 48. Questions for Critical Thinking <ul><li>Name some examples in which the supremacy doctrine has practical effect. </li></ul><ul><li>Discuss the importance of the case of Gibbons v. Ogden (and the cases that were based on its principles). </li></ul><ul><li>What are some obstacles to devolution? Are there any disadvantages to the new federalism? </li></ul>Copyright © 2009Cengage Learning
    49. 49. Web Links <ul><li>National Conference of State Legislatures </li></ul><ul><li>National Governors Association </li></ul><ul><li>The Center for Public Integrity </li></ul><ul><li>Department of Homeland Security </li></ul>Copyright © 2009Cengage Learning
    50. 50. Web Links <ul><li>Close Up Foundation </li></ul><ul><li>The James Madison Institute </li></ul><ul><li>ThisNation.com </li></ul>Copyright © 2009Cengage Learning

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