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Alice Yang 9B A.P. Government Mrs.

Grzybowski November 18, 2012

Chapter III: Federalism Defining Federalism What is Federalism? Federalism a way of organizing a nation so that two or more levels of government have formal authority over the same land & people Unitary government a way of organizing a nation so that all power resides in the central government Most national governments today are unitary governments.

Confederation a way of organizing a nation so that most power resides in the state government

Central government

Unitary Holds authority Regulates

Confederate Federal primary Limited powers to Share power with coordinate activities Sovereign Shares power with some central state states

State government

activities of states Few/no powers Duties by

regulated Allocates

central duties to central government

Citizens

government government Vote for central Vote for state Vote for both state government officials government officials & central

government

officials Intergovernmental relations the workings of the federal system the entire ste of interactions among national, state & local governments

Why is Federalism so Important?

US federal system decentralizes politics& policies electoral systems, more points of access, more links policies about equality, the economy, the environment, etc.

The Constitutional Basis of Federalism The Division of Power Supremacy clause Article VI of the Constitution, which makes the Constitution, national laws, & treaties supreme over state laws when the national government is acting within

constitutional limits The Constitutions Distribution of Power National Government National & State State Government

Government Some Powers Guaranteed by the Constitution Coin money Tax Conduct foreign relations Borrow money

Establish

local

governments Regulate commerce within a state Conduct elections

Regulate commerce with Establish courts foreign nations & among states Provide an army & a Make & enforce laws navy Declare war Charter banks for

Ratify

amendments

to

the federal Constitution & Take measures for public health, safety, & morals the Exert powers the Constitution does not

corporations Establish courts inferior Spend money to the Supreme Court general welfare

delegate to the national government or prohibit the states from using Establish post offices Rake private property for public Make laws necessary & purposes, with

just compensation

proper to carry out the foregoing powers Some Powers Denied by the Constitution Tax articles exported Grant titles of nobility from one state to Permit slavery (13th Coin money

Tax imports or exports

another Violate the Bill of Rights Change state boundaries

Amendment) Deny citizens the right to Enter into treaties vote because of race, color, servitude or previous (15th

Amendment) Deny citizens the right to Impair the obligations of vote because of gender contracts (19th Amendment) Abridge the privileges or immunities of citizens or deny due process &

equal protection of the law (14th Amendment) Tenth Amendment the constitutional amendment stating. The powers not delegated to the United States by the Constitution, not prohibited by it to the states, are reserved to the states respectively, or to the people did not give states power superior to that of the national government for activities not mentioned in the Constitution people can sue the federal government

Establishing National Supremacy Implied Powers McCulloch v. Maryland an 1819 Supreme Court decision that established the supremacy of the national government over state government

In deciding this case, Chief Justice John Marshall & his colleagues held that Congress had certain implied powers in addition to the enumerated powers found in the Constitution

supremacy of national government over states enumerated powers powers of the federal government that are specifically addressed in the Constitution; for Congress, these powers are listed in Article I, Section 8, & include the power to coin money, regulate its value, & impose taxes

implied powers powers of the federal government that go beyond those enumerated in the Constitution The Constitution states that all Congress has the power to make all laws necessary & proper for carrying into execution the powers enumerated in Article 1.

elastic clause the final paragraph of Article 1, Section 8, of the Constitution, which authorizes Congress to pass all laws necessary & proper to carry out the enumerated powers

Commerce Power Gibbons v. Ogden a landmark case decided in 1824 in which the Supreme Court interpret very broadly the clause in Article I, Section 8, of the Constitution giving Congress the power to regulate interstate commerce, encompassing

virtually every form of commercial activity Created a source of nation power as long as Congress profited through taxes & services The Civil War Struggle between states & national government

The Struggle for Racial Equality 1954 Brown v. Board of Education School segregation unconstitutional

States Obligations to Each Other Full Faith & Credit Clause

Full faith & credit a clause in Article IV, Section 1, of the Constitution requiring each state to recognize the official documents & civil judgments rendered by the courts of other states

Gay marriage issue

Extradition Extradition a legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed

Privileges &Immunities Privileges & immunities a clause in Article IV, Section 2, of the Constitution according citizens of each state most of the privileges of citizens of other states E.g. lower tuition in in-state universities

Intergovernmental Relations Today From Dual to Cooperative Federalism Dual federalism a system of government in which both the states & the national government remain supreme within their own spheres, each responsible for some policies Cooperative federalism a system of government in which powers & policy assignments are shared between states & the national government Shared costs Federal guidelines Shared administration

Fiscal Federalism Fiscal federalism the pattern of spending, taxing, & providing grants in the federal system; it is the cornerstone of the national governments relations with state & local governments

The Grant System: Distributing the Federal Pie Categorical grants federal grants that can be used only for specific purposes, or categories of state & local spending Come with strings attached, such as nondiscrimination provisions Project grants federal categorical grants given for specific purposes & awarded on the basis of the merits of

applications Block grants federal grants given more or less

automatically to states or communities to support broad programs in areas such as community development & social services The Scramble for Federal Dollars the more money involved, the more argument over its use

Mandate Blues receive money, but required to change dislike

Understanding Federalism Federalism & Democracy Advantages for Democracy more levels of govt = more opportunities increases access different economic interests diversity of opinion within country reflected in states Disadvantages for Democracy different levels of resources available local interest over national majority (federalism)

Federalism & the Scope of the National Government direct interest in economic affairs by national government sometimes not legal, other times, very inconvenient & expensive Constitution forbids states from having independent defense policies