Federalism in the United States

1
Federalism in the United States

• Standard Govt 5 The student will demonstrate
  knowledge of the federal system described in the
  Constitution of the United States of America by
• Explaining the relationship of the state
  governments to the national government
• Describing the extent to which power is shared
• Identifying the powers denied state and national
  governments
• Examining the ongoing debate that focuses on the
  balance of power between state and national
  governments.

2
(No Transcript)
3
Federalism

• A system of government with
• a national government,
• state governments,
• and
• local governments.
• The powers of the national, state, and local
  governments are divided and balanced.

4
Powers of National Govt

• Expressed Powers
• Art I Sec 8
• Art II Sec 2
• Art III
• Implied Powers
• Art. 1 Sec 8 Clause 18
• Inherent Powers
• Denied Powers
• Exports
• Limits Freedoms

5
Powers of the States

• 10th Amendment
• The Powers Not Delegated To The United States By
  The Constitution, Nor Prohibited By It To The
  States, Are Reserved To The States Respectively,
  Or To The People.
• Powers Denied
• Art I Sec 9
• Amendments

6
Supremacy Clause

• - "This Constitution, and the Laws of the United
  States which shall be made in Pursuance thereof
  and all Treaties made, or which shall be made,
  under the Authority of the United States, shall
  be the supreme Law of the Land and the Judges in
  every State shall be bound thereby, any Thing in
  the Constitution or Laws of any State to the
  contrary notwithstanding." U.S. Const. art. VI,
  Paragraph 2

7
Powers of Government
8
National, State, or Local Power?
Make and Enforce Laws
Est. Courts
Set up Banks
Set Local Govts
Provide Army and Navy
Tax
Coin Money
Set time, place, manner Of Elections
Take Property
Regulate Trade w/ Countries
Foreign Relations
Ratify amendments
Borrow Money
Make Laws to Carry out Powrs
Spend Money for Pop
Issue License
Declare and Conduct War
Police Fire
Oversee Elections
Set Property Tax Rates
Pass City Ordinances
Local
9
E Pluribus Unum

• What do the letters on the shield represent?
• How does this suggest the US govt is organized?

10
Powers of Govt Review

• Determine when, where, and how elections will
  occur
• Collect taxes
• Provide water and sewage services
• Coin money
• Make and enforce laws
• Declare war
• Ratify (approve) amendments to the U.S.
  Constitution
• Make treaties with foreign countries
• Provide police protection
• Establish noise ordinances (regulations)
• Remove trash

• Run public schools
• Set standards for public schools
• Maintain a military
• Regulate commerce (trade) within a state
• Regulate commerce between states
• Regulate commerce with foreign nations
• Establish courts
• Create and fund social service programs
• Take private property for public purposes

11
Characteristics of Federalism
Federal, state local governments share power
National government is supreme
10th Amendment powers reserved to the states
FEDERALISM
Federal Govt. has expressed powers (tax, declare
war, etc.)
Limited government -states check power of federal
govt.
Federal Govt. has implied powers (necessary
proper clause)
12
Federalism the Constitution
The Federal Government has implied powers from
the necessary proper clause or elastic clause
(ex create a national bank)
13
Dual Federalism (1789-1932)

• Federal and state governments are co-equals, each
  sovereign
• Narrow interpretation of Supremacy, Commerce,
  Elastic Clauses, 10th Amend
• Federal government only has jurisdiction if clear
  expressed in the Constitution (ex coin money,
  foreign affairs)
• State have greater role and powers (ex public
  education, race relations)

14
Cooperative Federalism (1933-)

• Wide Interpretation of Elastic Clause
• Federal Interference (ex education, health care,
  civil rights)
• Began with the New Deal in the 1930s

15
Federalism in Action

• The Chattahoochee river near Atlanta, GA has
  become polluted from industrial pollution, human
  waste and debris. The city has so been been
  unable to effectively clean the river. As a
  result, the fish are dying, the river is trash
  infected, the water has turned a brownish color,
  and stench from the river ahs called nearby
  residents to complain. This polluted water has
  begun to contaminate the drinking water of the
  city. Whose problem is it?

16
The Challenges of Modern Federalism
New Orleans, August 2005
New York, September 2001
17
Political Cartoon 1 Title Another Perfect Storm
Artist Jeff Danziger Date September,
2005 http//cartoonbox.slate.com/
18
Political Cartoon 2 Title Disaster Response

Artist John Trever, The Albuquerque Journal
Date September, 2005
19
Political Cartoon 3 Title Homeland Security

Artist Mike Keefe, The Denver Post
Date September, 2005
20
Political Cartoon 4 Title Cleanup
Artist Cam Cardow, The Ottawa Citizen Date
September 5, 2005
21
Questions for Discussion

• What 20th Century events contributed to the shift
  from dual federalism to cooperative federalism?
• What are the inherent strengths of a federal
  system in addressing national emergencies? What
  are the weaknesses?
• In both the near future, do you think the trend
  of cooperative federalism with the federal
  government taking a dominant role over the states
  will continue? Will this trend continue even
  into the distant future?