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CHAPTER 3
FEDERALISM
SCHOOL: IT’S ABOUT MORE THAN GETTING A GRADE
Edwards, Wattenberg, and Lineberry
Government in America: People, Politics, and Policy
Fourteenth Edition
Chapter 3
Federalism
Defining Federalism
–Federalism??
a way of organizing a nation so that
there are two or more levels of
government.
–Intergovernmental Relations ??
the interactions among national, state
& local governments
Defining Federalism
CH 4 Mag
CONSTITUTIONAL DIVISION OF POWERS
DELEGATED POWERS (NATIONAL / FED)
EXPRESSED
IMPLIED
INHERENT
RESERVED POWERS (STATES)
LOCAL POWERS FROM THE STATE
CH 4 Mag
CONCURRENT POWERS
BOTH STATE & NATIONAL
USA
DENIED POWERS
NEITHER STATE OR NATIONAL
STATE
WHY FEDERALISM?
AFRAID OF A UNITARY GOV’T
THE CONFEDERATION DIDN’T WORK
STATES WANTED POWER & STABILITY
TO GAIN SUPPORT FOR RATIFICATION
Defining Federalism
• Federalism is Important
– Decentralizes our politics
• Increases opportunities
– Decentralizes our policies
• Increases options
INCREASES POLITICAL INVOLVEMENT
MORE ACCESS POINTS OF POWER
AMERICAN FEDERALISM
WAS BRAND NEW
VERY VAGUE LANGUAGE
ARTICLE I, SEC. 8
(NECESSARY & PROPER CLAUSE)
The Constitutional Basis of Federalism
The Division of Power
Supremacy Clause: Article VI
The U.S. Constitution
Laws of Congress
Treaties signed by the U.S.
Article VI, Section 2
• This Constitution, and the Laws of the
United States which shall be made in
Pursuance thereof; and all Treaties made, or
which shall be made, under the Authority of
the United States, shall be the supreme Law
of the Land; and the Judges in every State
shall be bound thereby, any Thing in the
Constitution or Laws of any State to the
Contrary notwithstanding.
The Constitutional Basis of Federalism
The Division of Power
Tenth Amendment
Yet, national government cannot
usurp state powers.
SUPERMACY CLAUSE
AND THE
TH
10 AMENDMENT
APPEAR TO BE IN
CONFLICT
The Constitutional Basis of Federalism
• Establishing National Supremacy
–Implied and enumerated powers
• McCulloch v. Maryland (1819)
Article I, Section 8, Clause 18
Necessary and Proper Clause
• The Congress shall have Power ... To
make all Laws which shall be necessary
and proper for carrying into Execution the
foregoing Powers, and all other Powers
vested by this Constitution in the
Government of the United States, or in any
Department or Officer thereof.
N & P Clause applied to many areas
• Commerce Powers
–Gibbons v. Ogden (1824)
• The Civil War (1861-1865)
• Racial Equality
–Brown v. B of Ed (1954)
• National Health Care
– National Federation of Independent
Business v. Sebelius (2012)
INTERSTATE RELATIONS
States’ Obligations to Each Other
Full Faith and Credit ??
Each state must recognize official
documents and judgments
rendered by other states.
(Article IV, Section I of Constitution)
INTERSTATE RELATIONS
States’ Obligations to Each Other
Privileges and Immunities??
Citizens of each state have the
privileges of citizens of other
states.
(Article IV, Section 2 of Constitution)
INTERSTATE RELATIONS
States’ Obligations to Each Other
Extradition??
States must return a person
charged with a crime in
another state to that state for
punishment.
CH 4 SUM
DEPENDS UPON COOPERATION
FROM THE STATES
DEPENDS UPON COOPERATION
BETWEEN THE STATES
AP CHAPTER 3 FEDERALISM
extra stuff
FEDERALISM = GOOD
ELAZAR
STRENGTH & FLEXIBILITY
FEDERALISM = BAD
LASKI & RIKER
BLOCKS PROGRESS
HELPS POWERFUL LOCALS
Understanding Federalism
• Advantages for
Democracy
– Increases access to
government
– Local problems can be
solved locally
– Hard for political parties or
interest groups to
dominate all politics
• Disadvantages for
Democracy
– States have different
levels of service
– Local interest can
counteract national
interests
– Too many levels of
government and too
much money
50 WORDS
OR LESS
IN
5 MINUTES !
“Pop”
Essay
HOW IS A
PAPERCLIP
LIKE
FEDERALISM
???
Intergovernmental Relations Today
Dual Federalism ??
Definition: a system of government in
which both the states and the national
government remain supreme within their
own spheres, each responsible for some
policies
Dual Federalism like a
LAYED CAKE
FDR
Ended dual
federalism
“THE NEW DEAL”
GREAT
DEPRESSION
WORLD WAR II
Intergovernmental Relations Today
Cooperative Federalism ??
Definition: a system of government in
which powers and policy
assignments are shared between
states and the national government
Like a marble cake
Shared costs and administration
States follow federal guidelines
Cooperative Federalism more
like a MARBLE CAKE
LBJ promoted
fiscal federalism
“THE GREAT
SOCIETY”
ANTI-POVERTY
CIVIL RIGHTS
VIETNAM WAR
Intergovernmental Relations Today
Fiscal Federalism??
Definition: the pattern of spending,
taxing, and providing grants in the
federal system
Money = The cornerstone
of the national
government’s relations
with state and
local governments
HOW THE FED. GOV’T GET MONEY
Intergovernmental Relations Today
Intergovernmental Relations Today
FEDERAL GRANTS TO STATES
RONALD
REAGAN
“In this present crisis,
government is not the
solution to our problem;
government is the problem.”
-1980
NEW FEDERALISM
DEVOLUTION ??
( Deregulation & Decentralization)
Power taken from federal government
and given to state & local governments
• Barack Obama
• FINANCIAL INST.
– Regulations
– Investment
• Auto Industry
– Stock Purchases
– Oversight Duties
• Health Care
– Mandates
Distributing Federal $ to state
and local governments
Categorical Grants??
Specific purposes; grants with
strings attached
Block Grants??
Federal grants given to support
broad programs
Federalism and the Scope of Government
Federal Gov’t power has increased
industrialization
world wars
economic crises
civil rights movement
environmentalism
war of terrorism
What Government
should do
WHAT SHOULD BE THE
ROLE OF GOVERNMENT?
• WHAT SHOULD EACH LEVEL
• (FEDERAL, STATE, LOCAL)
• OF GOVERNMENT DO?
Summary
Federalism is a governmental system in
which power is shared between
different levels of government.
Federalism is always changing.
(dual, cooperative, fiscal, new?)
Federalism leads to both advantages
and disadvantages to democracy.
AP CHAPTER 3 - FEDERALISM
IMPORTANT TERMS
BLOCK GRANTS
CATEGORICAL GRANTS
CONDITIONS OF AID
CONFEDERATION (OR CONFEDERAL SYSTEM)
DEVOLUTION
DUAL FEDERALISM
FEDERAL SYSTEM
GRANTS-IN-AID
INTERGOVERNMENTAL LOBBY
INTERSTATE COMMERCE
AP CHAPTER 3 - FEDERALISM
IMPORTANT TERMS
MCCULLOCH v MARYLAND (1819)
MANDATES
MEDICAID
NECESSARY-AND-PROPER CLAUSE
NEW FEDERALISM
NULLIFICATION
REVENUE SHARING
SOVEREIGNTY
TENTH AMENDMENT
UNITARY SYSTEM
AP CHAPTER 3 - FEDERALISM
QUESTIONS
1-WHAT REASONS EXIST FOR STATES TO
CONTINUE EXERCISING INDEPENDENT
POWER?
2-CERTAIN AREAS OF NEVADA PERMIT
PROSTITUTION; ALASKA UNTIL RECENTLY
ALLOWED THE PRIVATE POSSESSION OF
MARIJUANA. COULD THE FEDERAL
GOVERNMENT LEGALLY FORBID SUCH
PRACTICES? EXPLAIN WHY OR WHY NOT.
AP CHAPTER 3 - FEDERALISM
QUESTIONS
3-DOES THE SYSTEM OF GRANTS-IN-AID
UPSET THE BALANCE OF FEDERALISM?
4-what is the connection between
intergovernmental lobbying and
grant-in-aid?
5-WHY CAN’T FEDERAl AGENCIEs
attack problems by producing and
implementing a coherent
systematic policy?