Federalism

1. Federalism AP Government & Politics Unit 1

2. Federalism • System of government where political authority divided between national (federal) government, and its political subdivisions. • In this system, national and state govt’s each have defined powers, with some being share by both and some being denied both.

3. Types of Governments 1. Democracy: literally means "rule by the people.” The people govern. 2. Republic: Literal democracy is impossible in political system containing more than a few people. All "democracies" are really republics. In a republic, people elect representatives to make and enforce laws. 3. Monarchy: rule by a king/queen. Sometimes king called an "emperor," especially if there is a large empire, such as China before 1911. No large monarchies today. UK is really a republic because queen has virtually no political power. 4. Aristocracy: rule by wealthy, educated people. Many monarchies have really been ruled by aristocrats. 5. Dictatorship:rule by one person or a group of people. Very few dictators admit they are dictators; almost always claim to be leaders of democracies. Dictator may be 1 person, such as Castro in Cuba or a group of people, such as the Communist Party in China. 6. Democratic Republic:Usually, a "democratic republic" is not democratic and is not a republic. Usually a dictatorship. Communist dictatorships have been especially prone to use this term. For example, the official name of North Vietnam was "The Democratic Republic of Vietnam." China uses a variant, "The People's Republic of China."

4. Three Ways Power is Shared Between National Government and States/Sub-Units • Unitary • One strong national government • Example: Great Britain • Most of world uses this type • Confederal • Strong states or regions with weak national government • Example: Articles of Confederation, the Confederacy • Federal* • Strong central government that shares power with states or regions • Example: US

6. Federalism • Final authority divided between sub-units and a center. • Refers to apportioning of power between federal government and states. • In federal system, national government holds significant power, but smaller political subdivisions also hold significant power. EX: US, Canada, Australia, and Brazil

8. True or False?? • Most governments in the world have both state and national governments, as in the U.S..

9. True or False?? • The powers of the state and national governments were clearly established in the Constitution.

10. True or False?? • Under federalism, states surrender their power to the national government.

11. True or False?? • The Framers themselves had a hard time agreeing on what was meant by federalism.

12. True or False?? • The nature of federalism has remained consistent throughout U.S. History.

13. True or False?? • The complexity of federalism tends to discourage citizen participation in government.

14. Discuss • What reasons exist for the states to continue exercising independent power?

15. Discuss • The speed limits vary across the nation’s roads and highways. • Could the national government legally intervene to rectify these conflicting state laws ? • Should it?

16. Discuss • Gay marriage is allowed in 13 states (Massachusetts, Connecticut, Iowa, New Hampshire, Vermont, New York, Maryland, Maine, Washington, Delaware, California, Rhode Island, Minnesota) and Washington, D.C. • The Coquille Indian Tribe in Oregon also grants same-sex marriage. • Could the national government legally intervene to rectify the conflicting state laws ? • Should it?

17. Discuss • Certain areas in Nevada permit prostitution. • Could the national government legally intervene to forbid such practices? • Should it?

18. Discuss • Alaska and Colorado have held referendums concerning the private possession of small amounts of marijuana. • Could the national government legally intervene to forbid such practices? • Should it?

19. Discuss • California has laws allowing for the distribution and use concerning the medical marijuana. • Could the national government legally intervene to forbid such practices? • Should it?

20. Discuss • Georgia, Texas, and other states have laws that allow the death penalty. Massachusetts and others have laws forbidding it. • Could the national government legally intervene to rectify these conflicting state laws ? • Should it?

21. Federalism Terms to Know • Dual Federalism • Cooperative Federalism • AKA Creative Federalism • New Federalism

22. Dual Federalism Federal Gov't Federal State State Gov't Models of Federal Governments Cooperative Federalism

23. Dual Federalism Federal State Dual Federalism • Fed. And state governments co-equals • Constitution interpreted very narrowly. • Fed. limited to only powers explicitly listed • Ex: 10th Amendment, Supremacy Clause, Necessary and Proper Clause, and Commerce Clause.

25. AKA…“Layer Cake Federalism"

26. Dual Federalism Federal State Examples of Dual Federalism • Laissez faire or hands off business • Gilded Age • Dred Scott decision • States can decide about slave laws • Jim Crow laws • States can decide about segregation/integration • Plessey v Ferguson

27. Dual Federalism Federal Gov't Federal State State Gov't Switch from Dual to Cooperative Federalism • Steady from New Deal to late 20th century. • Dual federalism not completely dead, but branches of government operate under cooperative federalism.

28. Federal Gov't State Gov't Cooperative Federalism • Fed. gov supreme over states • Broad interpretation exemplified by Necessary and Proper Clause aka Elastic Clause.

29. Federal Gov't State Gov't AKA…“Marble Cake Federalism"

30. Federal Gov't State Gov't Examples of Cooperative Federalism • New Deal • Government programs to end Great Depression • Great Society • Government programs to end discrimination AND to provide for those less fortunate • NCLB and Race to the Top • Federal government regulation and grants concerning K-12 education

31. Federal Gov't State Gov't Cooperative Federalism & Grants • Explosion of grants reached beyond states • Established intergovernmental links at all levels, often bypassing states entirely. • AKA “picket fence federalism" • AKA Creative Federalism • Started with Morrill Land Grant of 1862 • Fed. gave each state 30,000 acres of public land for each representative in Congress • $$$ from sale of lands establish/support agricultural and mechanical arts colleges (UGA, Texas A & M, Michigan State…)

33. New Federalism • Devolutionary objective: attempt to limit powers of fed. gov to impose its policies on states • Idea began starting with Nixon and Reagan • Included decentralization of national programs to regions • Included efforts to reduce national control over grants-in-aid programs • Revise character of federal involvement in general welfare spending. 

34. Federal Mandates (the stick) • Direct state/local governments to comply with rules/regulations • Federal Clean Air Act • Sometimes mandates may not make up full costs of program. • Unfunded Mandate • Endangered Species Act (1973) • NO CHOICE but to follow whether or not money is supplied by feds

35. Unfunded Mandates Reform Act of 1995 • Prevented Congress from passing costly federal programs along to states with at least debate on how to fund them • Devolution Origin—designed to make it more difficult for fed. government to make state/local governments pay for programs and projects that it refuses to pay for itself. • Proven to be case of promises unfulfilled

36. Federal Grants (the carrot) • Fed. government transfers payments/shares revenues with lower levels of government via federal grants. • It’s all about the money!!!! • Who has it (the national government) • Who wants it (the states) • And who gets it (the states who jump through the right hoops) • Federal governments use power to enforce national rules/standards by opening and closing its “purse strings” for states

37. Revenue Sharing • Transfer of tax revenue to states • Congress gave an annual amount of federal tax revenue to states and their cities, counties and townships. • Revenue sharing extremely popular w/state officials, but lost fed. support during Reagan Administration. • 1987: revenue sharing replaced with block grants in smaller amounts to reduce federal deficit

38. 2 Types of Grants-in Aid • Block grants • Grants provided to states from fed. government with few strings attached • Ex: a grant for transportation but state can decide which roads will be built/where they will be located • Categorical grants • Grants provided to states from fed. government with many strings attached • Ex: a grant for roads but fed. government decides where road will go/which road can be widened

39. Welfare Act of 1996 • AKA Personal Responsibility and Work Opportunity Reconciliation Act • Signed August 22, 1996 (Clinton) • Required work in exchange for time-limited assistance. • Law contained: • strong work requirements • performance bonus to reward states for moving welfare recipients into jobs • state maintenance of effort requirements • comprehensive child support enforcement • supports for families moving from welfare to work (increased funding for child care and guaranteed medical coverage)

40. Important Supreme Court Cases Concerning Federalism • South Dakota v Dole • U.S. v Lopez • Printz v U.S. • District of Columbia v. Heller • MacDonald v Chicago • Boumediene v. Bush • Bush v Gore

41. South Dakota vs. Dole (1987) • Fed. government required states to raise drinking age to 21 in order to receive highway funds • SD claimed law unconstitutional because 21st amendment gave power to states for regulating alcoholic beverages. • State filed suit against Secretary of Transportation Elizabeth Dole • Can Congress withhold federal funding in order to force a state to pass legislation it deems useful?

42. Decision and Importance • Decision: “Yes!” • Why important? Provision designed to serve general welfare • “Non-requirement” aspect was valid exercise of Congress' spending power

43. United States vs. Lopez (1995) • 1st modern Supreme Court case to set limits to Congress's lawmaking power. • Alfonso Lopez, Jr. carried handgun and bullets into his high school. • Charged with violating Section 922(q) of Gun-Free School Zones Act of 1990. • Government believed that possession of firearm at school falls under jurisdiction of Commerce Clause.

44. Decision and Importance • Court said, “NO!” to Commerce Clause in Lopez • Fed. government overstretched its boundaries • Forced states to create gun laws themselves. • Why important? Interstate commerce, gun-free school zones cannot be federally mandated (states rights) • Was this a change in the direction of Court?

45. Printz vs. United States (1997) • Reagan’s press secretary, James Brady seriously injured during assassination attempt • Lobbied for stricter gun controls and background checks – passed, known as “Brady Bill” • Printz (a sheriff) challenged Brady Bill charging that it violated 10th Amendment • Did the federal mandated law take it too far??

46. Importance • Court said “YES!’ • Ruled in favor of Printz • Congress may not require States to administer federal regulatory program and violated 10th Amendment to Constitution • Decision overturned requirements for local enforcement of background checks • Why important? States no longer subordinates in all power disputes involving unfunded mandates

47. Amendment II • Well regulated militia, being necessary to security of a free state, right of people to keep and bear arms, shall not be infringed. • What exactly does that mean??? Huh????

48. District of Columbia v. Heller (2008) • Regarding meaning of II Amendment and relation to gun control laws. • After DC passed legislation barring registration of handguns, requiring licenses for all pistols, and mandating all legal firearms be kept unloaded and disassembled or trigger locked, group of private gun-owners brought suit claiming laws violated 2nd Amendment right to bear arms. • Do local government have right to impose such strict laws concerning guns? • **

49. District of Columbia v. Heller (2008) • Decision: No! • In a 5-4 decision, Court held that 2nd Amendment protects individual right to possess a firearm unconnected with service in militia, and to use that firearm for traditionally lawful purposes, such as self-defense at home.

50. McDonald v. Chicago, 2010 • Facts of the case • Several suits were filed against Chicago and Oak Park in Illinois challenging their gun bans after Supreme Court issued its opinion in District of Columbia v. Heller. • Here, plaintiffs argued that 2nd Amendment should also apply to states. • **