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Similaire à Chapter 3 Ppt
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Chapter 3 Ppt
- 1. Chapter 3 The Federal System
- 9. Federalism in the Constitution The federal system
- 13. Federalism in the Constitution Copyright © 2011 Pearson Education, Inc. All rights reserved.
- 23. Federalism in Theory and Practice
- 25. Federalism in Theory and Practice Copyright © 2011 Pearson Education, Inc. All rights reserved.
Notes de l'éditeur
- Unitary government: System in which legal authority is possessed by the central government. Confederation: System in which the central government’s powers come from the state or provincial governments. Federalism: A system in which functions and legal power are divided between central and state government; both levels can act upon the people. In theory, central and state governments act independently within their legal spheres of activity. In practice, however, there are overlaps in spheres of authority.
- Delegated Powers Also known as enumerated powers The most important delegated powers in domestic policy are: Power to tax and spend Power to regulate interstate commerce These have allowed the expansion of national government’s authority.
- [Note: All 4 examples of the suspension of the writ of habeus corpus are on p. 67. ]
- Interstate compacts (Article IV, Section 10) An agreement between 2 or more states, and often approved by Congress, to address interstate problems. Today many of these deal with issues of environmental protection, crime control, transportation, and commercial dealings.
- National Government Obligations The guarantee clause says the national government must guarantee the states “a republican form of government.” Protection of the states from foreign invasion and internal violence. These provisions are both found in Article IV, Section 4. The president has the legal right to act to protect federal property and uphold federal court orders. In the 1950s and 1960s, federal troops were sent into states a few times to: Desegregate schools. Protect peaceful protestors marching for the voting rights of African Americans.
- Two major crises in American history focused on federalism: Civil War (1861–65) Did the national government have the right to regulate slavery? The question was settled with the victory of the North. The Great Depression and the New Deal policies of Franklin D. Roosevelt Did the national government have the right to regulate the economy and expand into large-scale social welfare programs? The question was settled by the Supreme Court, which in 1937 changed its position to uphold New Deal programs and policies.
- Cooperative Federalism Cooperative federalism: A form of federalism that emphasizes cooperation between the national and state governments to achieve policy goals set by the national government. Developed in the late 1930s and subsequent decades to enact new legislation and administer social welfare programs. Demands for new social welfare programs produced a dilemma, however: States lack the ability to pay for such programs. The federal government has greater ability to access national wealth through the personal income tax.
- Grants-in-aid: Sums of money that are given by a higher level of government to lower levels to finance programs. The use of federal grants to states began to allow greater cooperation on programs. The federal government can set goals and award grants to states to be used for specific purposes. State and local governments administer the programs.
- Block grants: Sums of money given by the national government to states to be used for broad general purposes. President Reagan was successful in increasing the use of block grants, allowing states to set priorities. During the Reagan presidency, the total number of grants was reduced; total funding awarded decreased temporarily. While some significant changes were achieved, the overall accomplishments of New Federalism were limited. Since the Reagan administration, block grant spending has decreased, while the number of categorical grants has grown. Much of the increase in federal aid to states is a result of spending for health-care programs.
- The New Federalism By the late 1960s some were complaining that the grant system was too complex. Republican presidents Richard Nixon (1969–74) and Ronald Reagan (1981–89) advanced efforts to decentralize, returning authority to the states. Proponents of New Federalism claimed that states and localities knew their own needs better than did distant federal officials.
- From 1937 through 1994, the Supreme Court rejected constitutional challenges to all laws passed by Congress based on the commerce clause. The Court ruled in U.S. v. Lopez (1995) that Congress had overstepped its authority in the Gun Free School Zones Act (1990), invading the reserve powers of the states. Looking ahead: With many 5–4 decisions, the future direction of the Court is unclear. Chapter conclusions: The Constitution continues to serve as a framework in which the federal system of government functions. We can expect the tension between national and state governments to remain.