Federalism
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Federalism
- 1. Democracy on the Lurch 1 Democracy on the Lurch 2
- 3. Unitary Confederal Federal • National • States have • Shared Government control over Authority by controls Central Constitution lower levels Government • Concurrent – Education, which is Powers police, land mostly use, welfare • Central & administrative Regional and funding – European of local Governments government Union (EU). Supreme in activities their sphere
- 4. Green – Federal Blue - Unitarian
- 5. Federal Powers vs. State Powers • States of individual jurisdiction (power) • Strong national government for common issues – Allows the federal government to spread responsibility – Political authority spreads • Political subcultures develop – Allows citizens to be more involved
- 6. Federalism, Freedom and the Constitution • States can block progress of the federal government • State inequality • Tyranny of the majority
- 7. • National Government Powers – 3 Types • National Power • State Power • Prohibited Power
- 8. • 17 Clauses – Article 1, Section 8 – 3 Power Types • Enumerated (listed) powers • Elastic • Inherent Waging War
- 9. Police Power – Authority to legislate for the protection of the health, morals, safety and welfare of the people.
- 13. Article IV–S1 Gives full faith and credit to Article IV–S2 every other Extend to every state’s public Article IV–S2 other states’ acts, records, citizens the Agree to return and judicial privileges and persons who are proceedings. immunities of fleeing from its own citizens. justice in another state back to their home state when requested to do so.
- 14. Current Insurance & Finance
- 15. John Marshall’s View of Federalism McCulloch v. Maryland (1819) Gibbons v. Ogden (1824)
- 16. States’ Rights and the Resort to Civil War Government expanded role by increasing spending for war effort. Income taxes were introduced to defray costs associated with war. Pension and widow benefits expanded the national government’s role in social enterprises. There was a freeze on civil liberties.
- 17. Expanded the role of national government Abolished slavery through the 13th, 14th, and 15th Amendments
- 18. Dual Federalism (Layered Cake Federalism)—a model of federalism in which the states and the national government each remain supreme within their own spheres. The doctrine looks on national and state as co- equal sovereign powers. Neither the state government nor the national government should interfere in the other’s sphere.
- 19. Supreme Courting Supreme Court Obamacare • The Court allowed the national government to intervene in state activities through grants and subsides. • The Court barred the national government from regulating matters that the Court considered to be purely local issues
- 20. The New Deal At the time, the largest expansion of national government, with the passage of National Recovery Act of 1933 (NRA), that included legislation to provide codes for every industry to restrict competition and regulate labor disputes. http://www.thedailyshow.com/watch/tue-october-4-2011/indecision-2012---the-great-right-hope---the-manchurian-candi- dad
- 21. The Supreme Court challenged Roosevelt’s authority, which promoted dual federalism. • The Court rejected the NRA on the ground that it regulated intrastate, nor interstate, commerce. • The Court struck down several key pieces of the “New Deal”.
- 22. Cooperative Federalism (Marbled Cake Federalism)— Since 1937 a model of federalism in which the states and the national government cooperate in solving problems.
- 23. State Local Federal Education Infrastructure Health Agriculture Infrastructure Anti-Poverty Urban Development
- 24. Formula based grants use a formula based on variables such as the state’s needs, population, or willingness to match funds. Program grants requires states to apply for grants for specific programs.
- 25. $ For FY 2009, the – Categorical Grants national government −Due to the recent gave $538 billion to the Great Recession, states states have had to $ Formula based rely on the national $ Program based government for increased funding. −States continue to turn to the national government for bailouts to ensure survival.
- 26. US Dept of Ed - $36.5 Billion Fed Says 1.1 Billion to MI MI says Fed Gave 1.3 Billion Source: http://www.mackinac.org/8552
- 27. Programs like NCLB take a ―one size fits all‖ approach to traditional state and local responsibilities. The results are states must adjust its curriculum and placate to policymakers in order to receive funding. Programs that may be successful at the local and national level oftentimes are not successful at the national level because of lengthy requirements and the lack of funding to implement programs.
- 29. − Congress passes the costs associated with legislation to states and localities. Waivers allow states to experiment innovative approaches in the implementation of mandates − Examples—environmental; voter registration; education of people with disabilities, transportation, healthcare, homeland security, election laws, etc.
- 30. US Slavery after the Civil War
- 33. • The ―New Federalism‖ – Embraced by Republican Presidents Nixon and Reagan − Conversion to block grants for state spending flexibility − Revenue sharing by federal, state and local governments
- 34. − Bill Clinton signed legislation that transferred significant control over welfare programs back to the states. − George W. Bush increased federal control over education and educational funding. − Devolution—the transfer of powers from a national or central government to a state or local government. New Federalism involved in conversion of categorical grants into block grants, thereby giving states more flexibility in spending.
- 35. In the 1930s, the Court expanded the role of the national government through the broad interpretation of the commerce clause. In the 1990s, the Court has tended to give greater weight to states’ rights. The Court ruled that Congress’ Gun-Free School Zones Act in 1990 was unconstitutional; it attempted to regulate an area that had ―nothing to do with commerce, or any sort of economic enterprise.‖
- 36. – The Court has given weight to states’ rights − United States v. Lopez (1995) − Invalidated federal provision requiring states to provide background checks of prospective handgun purchasers
- 37. • The Court Sends Mixed Messages – The Court has backed federal government’s position − States are not protected against discrimination based on gender or disability. − Federal government triumphs California’s medical marijuana legalization laws.
- 38. The Court Sends Mixed Messages • Massachusetts v. EPA (2007)—MA, several states, cities, and environmental groups argued that the EPA refuted claims of the lack of authority to regulate carbon dioxide and other greenhouse-gases • The Court ruled that the EPA could choose not to regulate auto emissions and other heat-trapping gases, but only if it could provide scientific basis for its refusal.
- 39. The Court Sends Mixed Messages − In 2008, under the Bush Administration, Massachusetts filed suit for the EPA avoiding the opinion. − In 2009, the Obama Administration declared the pollutants endangers the public welfare. − The EPA granted California and thirteen other states, and Washington, D.C. a waiver in June 2009 that allows them to impose tougher tailpipe emissions. The Bush Administration had previously denied the waiver request.
Notes de l'éditeur
- Unitary System—a centralized governmental system in which ultimate governmental authority tests in the hands of the national, or central, government. Examples of unitary systems—Britain, Egypt, Ghana, Israel, Japan, Philippines, and Sweden. Confederal System—a system consisting of a league of independent states, each having essentially sovereign powers. The central government created by such a league has only limited powers over the states. Examples of confederal systems—EU. Federal System—in a federal system, authority is divided, usually by a written constitution, between a central government and regional, or subdivisional, governments. Both act directly on the people through laws and through the actions of elected and appointed governmental officials. Examples of federal systems—US, Australia, Brazil, Canada, Germany, India, and Mexico.
- Enumerated Powers—powers specifically granted to the national government by the Constitution. The first seventeen clauses of Article I, Section 8, specify most of the enumerated powers of the national government.Elastic Clause, or Necessary and Proper Clause—the clause in Article I, Section 8, that grants Congress the power to do whatever is necessary to execute its specifically delegated powers.
- Police power—the authority to legislate for the protection of the health, morals, safety and welfare of the people. In the United States, most police power is reserved to the states.
- Concurrent Powers—powers held jointly by the national and state governments.Prohibited Powers—both the national government and state governments are denied a number of powers to both governments.The Supremacy Clause—the constitutional provision that makes the Constitution and federal laws superior to all conflicting state and local laws.
- Concurrent Powers—powers held jointly by the national and state governments.Prohibited Powers—both the national government and state governments are denied a number of powers to both governments.The Supremacy Clause—the constitutional provision that makes the Constitution and federal laws superior to all conflicting state and local laws.
- Vertical Checks and Balances—involve relationships between the states and the national government.Horizontal Checks and Balances—involve the relationship between the branches of government that are on the same level.
- Article IV, Section 1—give full faith and credit to every other state’s public acts, records, and judicial proceedings.Extend to every other states’ citizens the privileges and immunities of its own citizens.Agree to return persons who are fleeing from justice in another state back to their home state when requested to do so.
- Interstate Compacts—agreement between two or more states. Agreements on minor matters are made without congressional consent, but any compact that tend to increase the power of the contracting states relative to other states or relative to the national government generally requires the consent of Congress.
- Commerce Clause—the section of the Constitution in which Congress is given the power to regulate trade among the states and with foreign countries. Justice Marshall defined commerce as all commercial intercourse—all business dealings—including navigation and the transport of people.
- Government expanded role by increasing spending for war effort. Income taxes were introduced to defray costs associated with war. Pension and widow benefits expanded the national government’s role in social. Freeze on civil liberties.