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FEDERALISM

Chapter 3. FEDERALISM. Vs. Single most persistent sources of political conflict has been relations between national & state governments. Federal System. Vs. Unitary System. Federal System. Decentralize administrative burdens of governing

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FEDERALISM

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  1. Chapter 3 FEDERALISM Vs.

  2. Single most persistent sources of political conflict has been relations between national & state governments

  3. Federal System Vs. Unitary System

  4. Federal System • Decentralizeadministrative burdens of governing • Local units exist independent of the preferences of National Gov. & make some independent decisions

  5. Unitary System • Local governments can be altered or even abolished by the national government and cannot plausibly claim to have final authority over any significant government activities

  6. SubnationalGovernments • Protected by: • Constitution • Habits, preferences and dispositions of the citizens =TRADITION

  7. Daniel Elazar • Pro - Federalism • Subnational governments set precedent • Subnational governments have taken lead in protecting environment, etc.

  8. Pro – Federalism • Reasonable chance of having a practical effect • Widespread opportunities for political participation

  9. William Riker • Condemns Federalism • Prolonged slavery

  10. Main Effect of Federalism • Increased political activity • Decentralization of POWER

  11. FEDERALISM SEPARATION OF POWERS

  12. Confederal System • National government derives its powers from the states • Articles of Confederation

  13. 10th Amendment • “the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people

  14. Hamilton v. Jefferson • Thomas Jefferson – State Government • Alexander Hamilton – Federal Government

  15. “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite” James Madison

  16. CIVIL WAR • National Supremacy v. State Rights • National Government is supreme

  17. National Supremacy • National Supremacy confirmed by McCulloch v. Maryland • Necessary and Proper Clause • Congress can pass all laws that are necessary and proper to its duties • Congress can exercise powers not specifically given to it

  18. NULLIFICATION • States can declare “null and void” a federal law that the states’ believed violated Constitution • Jefferson and Madison • States cannot do this today

  19. Dual Federalism Dual Federalism • National Government supreme in their sphere • State Government supreme in their sphere • KEPT SEPARATE • Commerce Clause

  20. Dual Federalism • Commerce Clause • Interstate v. Intrastate commerce • Eleventh Amendment • Protects states from lawsuits by citizens of other states or foreign nations

  21. State Powers • Police Power: state power to enact laws promoting health (vaccinations), safety (law enforcement), and morals.

  22. State Powers • Initiative: process that permits voters to put legislative measures directly on the ballot • DIRECT DEMOCRACY • Signatures 5-15%

  23. State Powers • Referendum:voters reject measure passed by legislature

  24. State Powers • RECALL: (20 states) voters remove elected official from office

  25. Local Governments (city) Exist at pleasure of the State Governments Unitary System

  26. Federal-State Relations

  27. Grants-in-Aid • Money given by the National Government to the states • Has continued to grow • Washington pay bills state runs programs

  28. Change • 1960s • Federal government devising grant programs on national needs not what states were demanding

  29. Intergovernmental Lobby • Elected & appointed officials • Mayors, governors, superintendents of schools, etc. page 62 • Purpose: obtain federal money with fewer strings attached

  30. Categorical Grants • Grant for specific purpose defined by federal law • Airport • Put up money to match some part of grant (usually small) • Governors and mayors say categorical grants are too narrow

  31. Revenue Sharing • Gives states and cities more freedom in how to spend the money • WHO GETS IT • County’s or city’s population, personal income in that area v.

  32. Conditions of Aid • Federal government tells the state government what it must do to get the money

  33. Conditions of Aid • “if you don’t want the strings, don’t take the money.” • Free federal money was not quite free after all • Cutbacks • Garbage private firm

  34. Mandates • What state governments must do whether or not they take the money • Civil Rights • Environmental Protection

  35. Mandates • 10th Amendment no protection versus mandates • Comes from courts (federal mandates) • Desegregation

  36. Second-Order Devolution • Triggered by federal welfare programs • Power from states to local governments

  37. Third-Order Devolution • Increased role of nonprofit organizations and private groups (for profit) • Welfare to work

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