Federalism

1
Federalism
2
Government Units
29,481 Special Districts 50 States 3,042
Counties 19,205 Municipalities 16,691
Towns 14,741 School Districts
3
Federalism

• Definition a system of government in which a
  written constitution divides the powers of
  government on a territorial basis, between a
  central government and several regional
  governments usually called states or provinces.
• Checks the growth of tyranny.
• Allows unity without uniformity.
• Encourages experimentation.
• Keeps government closer to the people.

4
FEDERALIST No. 28
Alexander Hamilton believed that people could
shift their support between state and federal
levels of government as needed to keep the two in
balance. If their rights are invaded by
either, they can make use of the other as the
instrument of redress.
5
Formal Constitutional Framework
The national government has only those powers
delegated to it by the Constitution. The
national government is supreme. The state
governments have residual powers meaning those
neither assigned to the national government nor
denied to the states. Some powers are
specifically denied to both the national
government and the state governments.
6
Delegated Powers

• Those powers specifically assigned to the Federal
  Government. The founding fathers feared a
  national government that would overstep its
  bounds, so they took care to only allow the
  national government very specific powers. These
  are also referred to as enumerated powers.

7
Implied Powers

• These are powers that are NOT specifically
  delegated in the Constitution, but are understood
  to be necessary or allowed. The elastic clause or
  necessary and proper clause allows these by
  stating that Congress has the power "to make all
  laws which shall be necessary and proper for
  carrying into execution the foregoing powers"
  (art. I, sec. 8).

8
Inherent Powers

• Are those powers that belong to the National
  Government because it is the national government
  of a sovereign state in the world community.

9
Denied Powers

• These are powers that are specifically NOT
  allowed to either the federal or state
  governments. Again, this listing of denied powers
  was a specific way in which the founding fathers
  attempted to create a limited government.

10
Powers Denied to the States

• Making treaties with foreign governments.
• Authorizing private persons to prey on the
  shipping and commerce of other nations.
• Coining money, issuing bills of credit, or making
  anything but gold and silver coin legal tender in
  payment of debts.
• Taxing imports or exports.
• Taxing foreign ships.
• Keeping troops or ships in time of peace.
• Engaging in war.

11
Powers Denied to the Federal Government

• Levy duties on exports.
• Take private property for public use without the
  payment of just compensation.
• Prohibit freedom of religion, speech, press, or
  assembly.
• Conduct illegal search or seizures.
• Deny any person accused of a crime a speedy and
  public trial or trial by jury.
• Create a public school system for the nation.
• Enact uniform marriage and divorce laws.

12
The Tenth Amendment
The powers not delegated to the U.S. by the
Constitutionare reserved to the states
respectively, or to the people.
Reserved Powers Clause
13
Reserved Powers

• To reserve is to save, in this case all powers
  not specifically delegated to the Federal
  Government are to be reserved or saved for the
  State Governments.

14
Exclusive Concurrent Powers

• Exclusive means available to only one person or
  group, can only be exercised by the National
  Government.
• Concurrent means "at the same time", in this case
  concurrent powers are those that both the federal
  and state governments have simultaneously.

15
Examples of Powers
Powers of the National Government (Delegated Powers) Powers of the States (Reserved Powers)
Declare War Maintain Armed Forces Regulate Interstate and Foreign Trade Admit New States Establish Post Offices Coin Money Establish Foreign Policy Make All Laws Necessary and Proper for Carrying out Delegated Powers Establish and Maintain Schools Establish Local Governments Conduct Elections Regulate Business Within the State Make Marriage Laws Provide for Public Safety Assume Other powers not Delegated to the National Government of Prohibited to the States
Powers Shared by State and National Government (Concurrent Powers) Maintain Law and Order Levy Taxes Borrow Money Provide for Public Welfare Establish Courts Create Banks Powers Shared by State and National Government (Concurrent Powers) Maintain Law and Order Levy Taxes Borrow Money Provide for Public Welfare Establish Courts Create Banks
16
Article Six Sovereignty of the United States
Constitution

• In all instances where the federal (or national)
  law comes into conflict with state or local laws,
  the laws of the United States Constitution reign
  Supreme.
• The Constitution states that it is the supreme
  law of the land.
• Federal laws always take priority therefore, if
  a federal law forbids the growing, sale, or use
  of marijuana, IT IS ILLEGAL, no matter what the
  state of Colorado or Oregon says.
• The Supreme Court is the umpire in the federal
  system. One of its chief duties is to apply the
  Supremacy Clause to the conflicts that the dual
  system of government creates.

17
McCulloch v. Maryland (1819)
In 1819 McCulloch v. Maryland, Chief Justice John
Marshall considered whether Congress had the
power to incorporate a Bank. He wrote Since
the Constitution had given Congress the power to
make all Laws which shall be necessary and
proper for carrying into execution of the
forgoing Power, the Bank of the United States was
constitutional.
18
The Supremacy Clause
The other issue whether the state of Maryland
could tax a branch of the Bank of the United
States. Since the Constitution and federal laws
were supreme under the Supremacy Clause of
Article VI, they took precedence over the laws of
the states. A state cannot tax those subjects
to which its sovereign powers do not extend..the
power to tax involves the power to destroy.
19
Gibbons v. Ogden (1824)
First case to involve the Constitutions
interstate commerce clause. Chief Justice
Marshall construed Gibbons federal license to
nullify Ogdens state one. Thus, he broadly
defined the national governments power to
regulate commerce, consequently restricting the
power of the states.
20
The Civil War
One major historical event settled the issue of
national supremacy versus states rights. The
Civil War made it clear that the national
government is supremeits sovereignty derives
directly from the people and thus, states cannot
secede.
21
The Nations Obligations to the States

• Republican Form of Government
• The Constitution requires the National Government
  to guarantee to every State in this Union a
  Republican Form of Government.
• Invasion and Internal Disorder
• The National Government is also required to
  provide defense of the States from foreign
  invasion, and aid in protecting against domestic
  Violence in the States.
• Respect for Territorial Integrity
• The National Government is constitutionally bound
  to respect the territorial integrity of each of
  the States.

22
Admitting New States

• Only Congress has the power to admit new States
  to the Union.
• Congress first passes an enabling act, an act
  directing the people of the territory to frame a
  proposed State constitution.
• If Congress agrees to Statehood after reviewing
  the submitted State constitution, it passes an
  act of admission, an act creating the new State.

23
Federalism through History
DUAL FEDERALISM 1787 to late 1930s A 19th
century concept of government recognizing a
duality of power between the national and state
governments, each having a distinct sphere of
authority and jurisdiction.
24
Federalism through History
COOPERATIVE FEDERALISM 1930s to 1970s The
interpretation is characterized by a sharing of
governmental powers for the purpose of joint
problem solving.
25
Emergence of aNational Economy
Federal-state distinctions much harder
now. Insurance companies sold policies to
customers both inside and outside a given state.
There were different laws regulating identical
policies that happened to be purchased from the
same company by persons in different states.
This didnt make a lot of sense.
26
The New Deal
The New Deal set forth a program that was
dictated at the national level but carried out at
the state level. The new legislation included
massive job programs that provided work for
unemployed Americans. Other programs, like Aid to
Families with Dependent Children (AFDC) and
Social Security, offered assistance to people who
could not work. Thus, the states and federal
government became to be seen as partners.
27
The Great Society

• The legacy of Roosevelts New Deal continued with
  President Lyndon Johnsons War on Poverty three
  decades later.
• Food Stamps
• Medicare
• Medicaid

28
Nixon

• President Richard Nixon also advanced the New
  Deal and Great Society
• established the Supplemental Security Income
  program
• expanded the food stamp program
• created the Environmental Protection Agency
  (EPA) in 1970 to enforce laws such as the Clean
  Air Act (1963).

29
Federalism through History
CREATIVE FEDERALISM 1970s 80s
A form of cooperative federalism extending
federal grants-in-aid beyond general governments
to special districts and private organizations.
30
Federalism through History
NEW FEDERALISM 1980s 90s Proposal to
return social and economic programs from
the federal government to the states.
DEVOLUTION
31
FISCAL FEDERALISM
The shared responsibility between the national,
state (and local) governments for taxing and
spending policies.
FEDERAL
LOCAL
STATE
32
Unfunded Mandates

• Brown v. Board of Education of Topeka, Kansas
• Americans with Disabilities Act of 1990
• Motor Voter Act of 1993
• Americans with Disabilities Act required
  businesses and state governments to provide the
  disabled with equal access to services,
  buildings, and transportation systems.

33
Cooperative Federalism

• Even though the basis of federalism is the
  division of powers between levels of government,
  there is still much cooperation between them.

34
Purposes of Federal Grants
35
Purposes of Federal Grants
36
Purposes of Federal Grants
37
Purposes of Federal Grants
38
Purposes of Federal Grants
39
Purposes of Federal Grants
40
Purposes of Federal Grants
41
Purposes of Federal Grants
42
Federal Aid Highway Act of 1956 building
highways and construction. The national
government financed 90 of the cost. 1974
Emergency Highway Energy Conservation Act
States had to agree to limit highways speeds to
55 mph if they wanted to receive funding for
highway repair. A 1984 highway law withholds
funds from states that do not enact minimum
drinking age of 21 and mandatory sentences for
drunk drivers.
43
Types of Grants
44
Types of Grants
Categorical grants are made for some specific,
closely defined purpose, such as school lunch
programs or the construction of airports or water
treatment plants. There are usually conditions,
or strings, attached to regulate the use of
these funds.
Elementary Secondary Education Act Provided
money for reading, special education and support
programs for public school.
45
Types of Grants
Project grants are provided to States,
localities, and sometimes private agencies that
apply for them. They are used for a variety of
purposes ranging from medical research to job
training and employment programs.
Federal Aid Highway Act of 1956 building
highways and construction. The national
government financed 90 of the cost.
46
Types of Grants
Since 1974 Community Development Block Grant
Program provided a flexible source of annual
grant funds for local governments nationwide.
Block grants are portions of money allocated to
States to use for broader purposes, such as
health care, social services, or welfare. Block
grants often are granted with fewer strings
attached.
47
Types of Grants
State and Local Assistance Act of 1972 initially
delivered 4 billion per year in matching funds
to states and municipalities. The program, which
distributed some 83 billion dollars before it
was killed by Ronald Reagan in 1986, proved
enormously popular.
48
Interstate Relations

• Full faith and credit
• Privileges and immunities
• Extradition
• Interstate compacts

49
(No Transcript)
50
(No Transcript)
51
(No Transcript)
52
(No Transcript)
53
(No Transcript)