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Objectives: How the federal government s involvement in states affairs has grown? How have grants-in-aid affected the growth of federalism? – PowerPoint PPT presentation

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1
Federalism
  • Objectives
  • How the federal governments involvement in
    states affairs has grown?
  • How have grants-in-aid affected the growth of
    federalism?
  • What role do federal mandates play in federalism?

2
Three Systems of Government
  • Unitary System centralized government in which
    local governments exercise only those powers
    given to them by the central government
  • Confederal System consists of a league of
    independent states, each having essentially
    sovereign power
  • Federal System power is divided by a written
    constitution between a central government and
    regional governments

3
The Flow of Power in Three Systems of Government
4
So Why Adopt Federalism?
  • A Practical Solution to the dispute between
    advocates of a strong central government and
    states rights advocates
  • Geography and population make it impractical to
    locate all political authority in one place
  • Brings government closer to the people
  • State governments train future national leaders
  • Prevention of Tyranny
  • State governments can be testing grounds for
    policy initiatives
  • Federalism allows for many political subcultures

5
Constitutional Basis of Powers of the National
Government
  • Expressed Powers First 17 clauses of Article I,
    Section 8, examples include coining money,
    setting standards of weights and measures,
    declaring war
  • Implied Powers the clause in Article I, Section
    8, that grants Congress the power to do whatever
    is necessary to execute its specifically
    delegated power (necessary and proper clause)
  • Inherent Powers powers derive from the fact
    that the United States is a sovereign power among
    nations

6
The Powers of State Government
  • Reserved Powers derived from the 10th
    Amendment, states powers not assigned to the
    federal government are reserved for the states
  • Police Powers power reserved to the state
    government to regulate the health, safety, and
    morals of its citizens regulation/enforcement
  • Concurrent powers states and federal government
    share power on issues such as granting business
    license (national policy usually wins when there
    is a conflict)

7
Examples of Federalism
  • States pass their own laws regarding
  • Gay Marriage, Abortion, Affirmative Action,
    Bilingual Education, Death Penalty, K-12
    Education, Speed Limit, Drinking Age, Gambling,
    Marijuana, Assisted Suicide

8
The Growth of the National Government
  • McCulloch v. Maryland (1819)- established the
    implied powers of the national government and the
    idea of national supremacy
  • (from the necessary and proper clause)
  • (from the supremacy clause)
  • Gibbons v. Ogden (1824) established that the
    power to regulate interstate commerce was an
    exclusive national power
  • (from the commerce clause)

9
The Shift Back to States Rights in the
Jacksonian Era
  • Nullification the idea that states could
    declare a national law null and void
  • Secession the withdrawal of a state from a
    union
  • South Carolina first state to repeal its
    ratification of the U.S. Constitution (1860)

10
War and the Growth of the National Government
  • The defeat of the South ended the idea that
    states could secede from the Union.
  • The defeat of the South also resulted in an
    expansion of the powers of the national
    government (the opposite of what te South was
    fighting for)
  •    New governments employees were hired to
    conduct the war effort, and Reconstruction
  •    A billion dollar budget was passed
  •    A temporary income tax was imposed on
    citizens
  •    Civil liberties were curtailed because of the
    war effort and the nationals governments role
    expanded to include providing pensions to
    veterans and widows

11
The Continuing Dispute over the Division of
Power
  • Dual Federalism (Layer Cake) the national and
    state governments as equal sovereign powers
  • Cooperative Federalism (Marble Cake) the idea
    that states and the national government should
    cooperate to solve problems

12
The Decline of Dual Federalism
  • Great Depression resulted in FDRs New Deal
    policies which established a large and far
    reaching federal government
  • FDR fought with the Sup. Ct. for years and won
    re-election in landslide in 1936 and threatened
    to pack the court
  • Result was a return to a strong federal government

13
Federal Preemption from 1900 to the Present
Source U.S. Advisory Commission on
Intergovernmental Relations, plus authors update.
14
Cooperative Federalism in action
  • Grants-in-aid
  • Categorical grants Heres some money, but you
    do exactly what I tell you to do with it.
  • Block grants Heres some money, spend it how
    you like as long as you it relates to what I
    want.
  • General revenue sharing grants Heres some
    money, do whatever you want with it.
  • Unfunded mandates I dont have the money, but
    you still have do exactly what I tell you to do.

15
Federalism in action
  • No Child Left Behind Act
  • Problem
  • Declining student performance
  • Solution
  • Federal funding requires tough performance
    standards
  • Unintended consequences
  • Localities forced to make huge investment to
    implement testing requirements.
  • Localities suing states, arguing that testing
    requirements represent an unfunded mandate.
  • States opting out of federal funds and
    performance standards.

16
Inequities in State Education Spending
17
The Number of Governments in the USA
18
Discussion Questions
  • Should the U.S. federal government have the right
    to regulate marriage or is this best decided by
    each individual state? What are the advantages
    and disadvantages of each?
  • Does the federal government have too much control
    in state affairs or too little?
  • Why is it important that powers be divided
    between the federal government and the states?
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