Download federalism - TeacherWeb

FEDERALISM
I.
II.
III.
IV.
V.
Forms of Government
Structure
Constitutional Basis for
Federalism
Development of Federalism
Evolution of Federalism
Federalism and Supreme Court
Today
Volunteers Needed!!!!
•
•
•
•
•
•
•
Layer Cake
Marble Cake
Cupcakes
Creative Cake
Plates
Napkins
Forks
•
•
•
•
•
•
•
Cups
Soda
Soda
Tissues
Tissues
Tissues
Tissues
I. Forms of Governmental
Structure
I. Forms of Governmental
Structure
A. Federalism: a political system in
which power is divided and shared
between the national/central
government and the states
(regional units) in order to limit the
power of government.
I. Forms of Governmental
Structure
B. Unitary Government
– One central government has authority
– No levels that share power
– Japan, France, Great Britain
C. Confederation
– Association of states: retain most of power
– Some authority delegated to national
(diplomacy, etc.)
– Russian Federation
II. Constitutional Basis for
Federalism
A. Roots of federalism:
1. The Framers worked to create a political
system that was halfway between the failed
confederation of the Articles of Confederation
and the tyrannical unitary system of Great
Britain.
2. The three major arguments for federalism are:
a) the prevention of tyranny;
b) the provision for increased participation in politics;
c) and the use of the states as testing grounds or
laboratories for new policies and programs.
II. Constitutional Basis of Federalism LO 3.2
B. Article IV: Relations among the States
1. Full Faith & Credit Clause
a) Each state must honor public records of other
states
2. Privileges & Immunities Clause
a) Citizens of various states must be treated equally
in all states
3. Extradition
a) States must return criminals to state where crime
committed.
To Learning Objectives
II. Constitutional Basis for
Federalism
C. Article VI : Supremacy Article
1. Article VI states the U.S. Constitution, laws of
Congress, and treaties are supreme.
D. 10th Amendment:
1. “The powers not delegated to the U.S. by the
Constitution, nor prohibited by it to the states,
are reserved to the states respectively, or to
the people.”
II. Constitutional Basis for
Federalism
E. The “Powers”
1. Enumerated & Implied Powers
a) For National Government
2. Denied Powers
a) Powers states CAN’T have
3. Reserved Powers
a) 10th Amendment – gives states powers
4. Concurrent / Shared Powers
a) Powers both national government and states have
III. Development of Federalism
A. The allocation of powers in our federal system
has changed dramatically over the years.
B. The Supreme Court in its role as interpreter of
constitution has been a major player in the
redefinition of our Federal system.
1. McCulloch v. Maryland (1819)
2. Gibbons v. Ogden (1824)
Analyzing a Court Case or Two
• McCulloch v. Maryland (1819)
• Gibbons v. Ogden (1824)
III. Development of Federalism
1. McCulloch vs Maryland (1819)
a) McCulloch was the first major decision by the
Supreme Court under Chief Justice John Marshall
about the relationship between the states and the
national government.
b) The Court upheld the power of the national
government to establish a national bank and denied
the right of a state to tax the bank. “The power to tax
is the power to destroy.”
c) The Court’s broad interpretation of the necessary and
proper clause paved the way for later rulings
upholding expansive federal powers, i.e. IMPLIED
III. Development of Federalism
2. Gibbons vs Ogden (1824)
a) The Gibbons case centered on the conflict between
the states and the powers of Congress.
b) The main constitutional question in Gibbons was
about the scope of Congress' authority under the
Commerce Clause (Article I, sec. 8: “to regulate
commerce with foreign nations, and among the
several states, and with the Indian tribes”)
c) In Gibbons, the Court upheld broad congressional
power over interstate commerce.
III. Development of Federalism
3. Dred Scott v. Sandford (1857)
a) The Supreme Court articulated the idea of dual
federalism in which separate but equally powerful
levels of government is preferable, and the national
government should not exceed its enumerated powers.
b) Court held that Mr. Scott was not a U.S. citizen and
therefore not entitled to sue in federal court.
c) The case was dismissed and Scott remained a slave.
d) Court wrote that Congress had no power to abolish
slavery in the territories and slaves were private
property protected by the Constitution. MO
Compromise was unconstitutional.
LO 3.2
III. Development of Federalism
C. The Civil War – Militarily the national
government asserts its power over the
Southern states’ claim of sovereignty.
D. The Struggle for Racial Equality
1. Brown v. Board of Education (1954) outlawed
segregation in the public schools.
2. Civil Rights of 1960s
To Learning Objectives
LO 3.2
To Learning Objectives
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
LO 3.3
IV. Evolution of Federalism
A. From Dual to Cooperative Federalism
1. Dual Federalism – A system of government
in which both the states and the national
government remain supreme within their own
spheres, each responsible for some policies.
2. Dual federalism, from Dred Scott, remained
through Reconstruction and Progressive Eras.
3. Dual federalism finally ended in the 1930s,
Great Depression demanded powerful actions
from the national government.
To Learning Objectives
LO 3.3
IV. Evolution of Federalism
B. Cooperative Federalism – A system of
government in which powers and policy
assignments are shared between states and the
national government.
1. Great Depression causes national government to
become major player in domestic policy. There is
major shift in money from federal government to
state/local governments.
2. Grants-in-aid monies flooded states for public works
projects, work programs, relief agencies
(alpabetocracy: NRA, TVA, CCC)
3. In the 1960’s and 1970’s the scope of federal
domestic policies and programs increased steadily.
To Learning Objectives
LO 3.3
IV. Evolution of Federalism
D. Devolution – Transferring responsibility
for policies from the federal government to
state and local governments.
1. Began with Ronald Reagan in the 1980s.
2. Drastic cuts in federal domestic programs and
federal income taxes in an attempt to
reestablish the primacy of the states.
3. For the first time in thirty years, federal aid to
state and local governments declined.
4. Reagan’s idea was that federal government
had gotten too big. States should have more
responsibility and authority.
To Learning Objectives
IV. Evolution of Federalism
5. Welfare Reform Act of 1996
 National welfare, called Aid To Families With
Dependent Children (AFDC), around since 1935,
was replaced with Temporary Assistance to
Needy Families (TANF).
 Difference between the two? AFDC was run by
national government, and TANF would be run by
the states.
 States would now run welfare (with some $ help
from national government).
LO 3.3
IV. Evolution of Federalism
E. Fiscal (creative) Federalism
1. Fiscal Federalism – Pattern of spending,
taxing, and providing grants in the federal
system.
a) Federal grants to state and local
governments have grown rapidly and now
amount to more than $600 billion per year.
a) Grants increased in 2010 and 2011 due to
the stimulus package.
To Learning Objectives
Federal Grant-in-Aid Outlays, 1940-2005
LO 3.3
To Learning Objectives
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
IV. Evolution of Federalism
LO 3.3
E. Fiscal Federalism (cont.)
2. The Grant-in-Aid System: Distributing the
Federal Pie to the States ($600 billion)
a. Block grants – Money given to states for
their use in broad areas
1. Grants for law enforcement, education, etc.
i. Block grant for law enforcement, for
example, can be spent by state for anything
to do with law enforcement, such as hiring
more police, buying police cars, updating
technology, building prisons, etc., etc.)
2. States LOVE block grants!!! Why? Tons of
money with few strings attached. States
control where $ spent.
To Learning Objectives
IV. Evolution of Federalism
b) Categorical Grants: allocation of federal
money to the states for a specific purpose
1. Block grant to state for law enforcement, state
may CHOOSE to spend some of it on prisons.
A categorical grant will be specifically for
prisons. No choice on where $ can be spent.
2. Many strings attached to categorical grants.
1. i.e. no discrimination in use of $, must pay
contractors a certain rate, etc.
3. States will accept categorical grant $, but
they’d rather have the $ in block grants.
4. National government LOVES categorical
grants because they retain more control.
IV. Evolution of Federalism
5. Federal government used grants-in-aid to
FORCE behavior of states. No my way,
no highway (e.g., interstate highway
funds & speed limit)
IV. Evolution of Federalism
6. Types of Categorical Grants:
i. Project Grants: a categorical grant given
for a specific project and awarded on the
basis of merits of application. (i.e. state
applies for a project grant to build more
prisons; university research grants)
ii. Formula Grants: a categorical grant
given automatically based on a formula
(formula may be based on population, per
capita income, etc. (i.e. Medicaid, child
nutrition programs, sewage treatment plant
construction, etc.)
IV. Evolution of Federalism
c) Mandates
1. a requirement that national government puts
on states to do something (usually provide
some sort of service to citizens) at the risk of
penalties or loss of funding if states don’t
comply.
2. Mandates can be funded or unfunded.
a) Medicaid (partially funded mandate): States
administer program, fed gov’t funds it. Possible
additional mandate – states must expand medicaid
to poor children. Who pays for this expansion?? If
states don’t expand services, they’ll lose medicaid
funding.
IV. Evolution of Federalism
b) Clean Air Act of 1970 (unfunded mandate)
i. Fed government establishes national air quality
standards and requires that states implement
them AND pay for them.
c) Americans with Disabilities Act (1990) (unfunded
mandate)
i. All public facilities (hospitals, universities,
libraries, etc) must be made accessible for the
disabled, but did not allocate any funds to the
states to pay for these changes.
d)
No Child Left Behind Act (2002) (mostly unfunded)
b) Schools must increase improve student
performance
c) Fed does not give enough $ for schools to do this.
d) If schools don’t improve performance, they lose fed
$$.
IV. Evolution of Federalism
3. Intergovernmental Lobbies
a) States, counties, cities, towns, etc.
ALL want federal money.
b) They create “lobbies” (i.e. groups)
filled with “lobbiests” (i.e. people that
lobby) to go and “lobby” (i.e.
convince) congressman to give them
more money.
V. Federalism and the Supreme Court
A. Poll after poll showed that Americans
began to think that the national
government was too big, too strong, and
too distant to understand their concerns.
B. U.S. Supreme Court, once again, played
a role in interpreting this new form of
federalism.
C. Cases involving abortion, gun control,
environment, use of commerce clause,
right to sue.
V. Federalism and the Supreme
Court
D. Generally handing back power to the states
E. Majority pro-states’ rights; 5-4 decisions
1. Webster v. Reproductive Health Services
(1989) and Casey v. Planned Parenthood
(1992): states can restrict abortion laws
2. U.S. v. Lopez (1995): federal law cannot
regulate guns within 1000’ of a school
V. Federalism and the
Supreme Court
3. U.S. v. Morrison (2000): Violence Against
Women Act (‘94) unconstitutional because it
has nothing to do with regulating commerce.
4. Printz v. U.S. (1997): From Brady Bill
regulating guns – fed gov’t can’t force states
to conduct background checks to enforce a
federal law.