Download 3.1 National Powers Under the Constitution

The Federal System
3
Learning Objectives
3.1
3.2
3
Trace the roots of the federal system
and the Constitution’s allocation of
powers between the national and
state governments
Determine the impact of the
Marshall Court on federalism
Learning Objectives
3.3
3.4
3
Describe the emergence and decline
of dual federalism
Explain how cooperative federalism
led to the growth of the national
government at the expense of the
states
Learning Objectives
3.5
3.6
Describe how the federal budget is
used to further influence state and
local governmental policies
Explore the role of the judiciary as
arbiter of federal–state conflicts
3
Roots of the Federal System
3.1
 National Powers Under the Constitution
 State Powers Under the Constitution
 Concurrent Powers Under the Constitution
 Powers Denied Under the Constitution
 Interstate Relations Under the Constitution
 Local Governments Under the Constitution
National Powers Under the
Constitution
 Enumerated powers





Coin money
Conduct foreign relations
Provide for army and navy
Declare war
Collect duties and taxes
 Necessary and proper clause (elastic)
 Enact laws for exercising enumerated powers
 Implied powers
 Supremacy clause
3.1
FIGURE 3.1: Where does governmental
authority come from?
3.1
State Powers Under the
Constitution
 State powers not enumerated
 Tenth Amendment
 Reserved powers
3.1
Concurrent Powers Under the
Constitution
 Overlapping powers




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Power to tax
Borrow money
Establish courts
Charter banks
Spend money for general welfare
3.1
FIGURE 3.2: How is governmental power
distributed in the federal system?
3.1
Powers Denied Under the
Constitution
 No state favoritism
 No titles of nobility
 Bills of attainder
 Ex post facto laws
3.1
Interstate Relations Under the
Constitution
 Supreme Court settles disputes
 Full faith and credit clause
 Privileges and immunities clause
 Extradition clause
 Interstate compacts
3.1
FIGURE 3.3: How many governments exist in
the United States?
3.1
3.1 What is the source of
3.1
governmental authority in the U.S. federal
system?
a. The states
b. The people
c. The president
d. The federal legislature (Congress)
3.1 What is the source of
3.1
governmental authority in the U.S. federal
system?
a. The states
b. The people
c. The president
d. The federal legislature (Congress)
Federalism and the Marshall
Court
 Defining National Power: McCulloch v.
Maryland (1819)
 Affirming National Power: Gibbons v.
Ogden (1824)
 Limiting the Bill of Rights: Barron v.
Baltimore (1833)
3.2
Defining National Power:
McCulloch v. Maryland (1819)
 First Court decision to define national
and state government relationship
 Could Congress charter a bank?
 Could states tax it?
3.2
Affirming National Power:
Gibbons v. Ogden (1824)
3.2
 Congress’s authority under commerce
clause disputed
 Power to regulate just products or commercial activity too?
 Ruling:
 Congress can regulate commercial activity
 New York had no authority to grant monopoly
Limiting the Bill of Rights:
Barron v. Baltimore (1833)
 Due process clause
 Guaranteed by Fifth Amendment
 Action by state, not federal, government caused
damages
 Federal government not at fault for state actions
3.2
3.2 Which Supreme Court cases
restricted the powers of the national
government?
a. Barron v. Baltimore (1833)
b. McCulloch v. Maryland (1819)
c. Gibbons v. Ogden (1824)
d. None of the above
3.2
3.2 Which Supreme Court cases
restricted the powers of the national
government?
a. Barron v. Baltimore (1833)
b. McCulloch v. Maryland (1819)
c. Gibbons v. Ogden (1824)
d. None of the above
3.2
States Assert Their Powers:
Nullification
 Nullification
 States declare federal laws invalid
 Alien and Sedition Acts (1798)
 Unconstitutional
 “Tariff of Abominations” (1828)
 Southern states use nullification to resist
anti-slavery laws
3.3
States’ Rights and the Dred
Scott Decision
 Dred Scott v. Sandford (1857)
 Slaves were property, not citizens
 Congress could not ban slavery in new territories
 Enhanced states’ power
3.3
Reconstruction and the
Transformation of Dual
Federalism
 Nullification, dual federalism destroyed
by Civil War
 Reconstruction
 New state constitutions
 Supreme Court limits state power
 Monopolies outlawed
3.3
How did the relationship between state and
federal governments change after the Civil
War?
3.3
Amending the National-State
Relationship
 Sixteenth Amendment
 Money is power
 Seventeenth Amendment (1913)
 Direct election of senators
3.3
3.3 The theory that states can refuse
to abide by federal laws violates what
clause of the Constitution?
a. Supremacy clause
b. Necessary and Proper clause
c. First Amendment
d. Full Faith and Credit clause
3.3
3.3 The theory that states can refuse
to abide by federal laws violates what
clause of the Constitution?
a. Supremacy clause
b. Necessary and Proper clause
c. First Amendment
d. Full Faith and Credit clause
3.3
Cooperative Federalism:
Growth of National Government
3.4
 Cooperative Federalism
 Marble cake versus layer cake
 Need for National Action Arises: The New
Deal
Need for National Action
Arises: The New Deal
 Great Depression
 New Deal programs increased federal
authority
 States could not solve these problems on their own
 Local government involvement
 Constitutional challenges
3.4
3.4 What do we call the type of
federalism that developed in the 1930s?
a. New Deal federalism
b. Progressive federalism
c. Layer cake federalism
d. Cooperative federalism
3.4
3.4 What do we call the type of
federalism that developed in the 1930s?
a. New Deal federalism
b. Progressive federalism
c. Layer cake federalism
d. Cooperative federalism
3.4
Federal Grants to State and
Local Governments
 Categorical Grants
 Block Grants
 Programmatic Requests
3.5
Categorical Grants
 Grants serve three purposes
 Provide funds
 Address national problems like clean air
 Redistribute funds between rich and poor states
 Categorical grants are for specific
purpose
3.5
Block Grants
 Block grants less restrictive
 Give states more discretion in spending funds
 Devolution revolution
3.5
Unfunded Mandates
 No Child Left Behind (2001)
 Unfunded Mandates Reform Act of 1995
3.5
Who supported scaling back the federal
government and increasing the use of block
grants?
3.5
Programmatic Requests
 Funds earmarked for specific projects
within states
 Secured by lobbyists or members of
Congress for their districts
 Bringing the pork back home
3.5
3.5 How do block grants differ from
3.5
categorical grants?
a. They provide less money to states.
b. They provide more money to states.
c. They have fewer restrictions on how they
are spent
d. They have more restrictions on how they
are spent
3.5 How do block grants differ from
3.5
categorical grants?
a. They provide less money to states.
b. They provide more money to states.
c. They have fewer restrictions on how they
are spent
d. They have more restrictions on how they
are spent
Judicial Federalism
 The Rehnquist Court
 The Roberts Court
3.6
The Rehnquist Court
 Appointed by Reagan
 Committed to states’ rights
 Rolled back federal authority
 U.S. v. Lopez (1995)
3.6
The Roberts Court
 Has decided with federal government
 Immigration
 Health care reform
3.6
3.6 From the New Deal until the
1980s, the attitude of the Court toward
federal authority was
a. To expand it
b. To limit it
c. To expand it in one or two areas only
d. To keep the balance as the Framers
intended in the 1780s
3.6
3.6 From the New Deal until the
1980s, the attitude of the Court toward
federal authority was
a. To expand it
b. To limit it
c. To expand it in one or two areas only
d. To keep the balance as the Framers
intended in the 1780s
3.6