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FEDERALISM. Chapter 4. Federalism. is 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. The Powers of Government in the Federal System.

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FEDERALISM

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FEDERALISM

Chapter 4


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Federalism

is 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.


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The Powers of Government in the Federal System

The distribution of powers in the federal system consists of several parts:

  • exclusive powers

  • shared ( “concurrent”) powers

  • denied powers

  • enumerated powers

  • and implied powers.


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Relations among the States

  • The Framers wanted a single country, not 13 squabbling semi-countries.

  • Article IV requires states to give "full faith and credit" to each others' laws.

    • Banking

    • Contracts

    • Marriage


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Article I, section 8

The enumerated powers of the central government consist of the power to:

  • lay and collect taxes, duties, and imposts

  • provide for the common defense and general welfare of the United States

  • regulate commerce with foreign nations, and among the states, and with Indian tribes

  • coin money and regulate the value thereof

  • declare war


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Implied Powers

  • The central government may make all laws which shall be necessary and proper for carrying into execution the enumerated powers.


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State Powers

  • Most of State powers come from the Tenth Amendment that says: "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."


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Local Government

  • Not covered by the US Constitution

  • Dillon’s Rule: “cities are creatures of the state legislature”

  • The “home rule” exception


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Denied Powers

  • Article I, section 9 lays out powers denied to the central government.

    • For example: give preference to ports of one state over another

  • Article I, section 10 lays out the powers denied to the states.

    • For example: enter into treaties, alliances, or confederations


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Types of Federalism

  • “Constitutional” Federalism

  • “Operational” Federalism

  • “Fiscal” Federalism

  • “Judicial” Federalism


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The Evolution of Federalism: The Role of the Courts

  • Despite formal wording in the Constitution, the allocation of powers in our federal system has changed dramatically over the years.

  • The Supreme Court in its role as interpreter of constitution has been a major player in the redefinition of our Federal system.


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Key Decisions

  • Marbury v. Madison (1803)

  • Fletcher v. Peck (1810)

  • McCulloch v. Maryland (1819)

  • Gibbons v. Ogden (1824)

  • Dred Scott v. Sanford (1857)


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Fletcher v. Peck(1810)

  • For the first time, the U.S. Supreme Court declared a (Georgia) state law unconstitutional.

  • The decision was the first step in establishing the supremacy of the Constitution and federal laws over state governments and laws.


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McCulloch v. Maryland(1819)

  • McCulloch is considered the first major decision by the Supreme Court about the relationship between the states and the national government.

  • The Court upheld the power of the national government to establish a bank and denied the right of a state to tax the Bank of the United States.


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Gibbons v. Ogden(1824)

  • The main constitutional question in Gibbons was about the scope of Congress' authority under the Commerce Clause.

  • In Gibbons, the Court upheld broad congressional power over interstate commerce.


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Dred Scott v. Sanford(1857)

  • The Supreme Court articulated the idea of dual federalism in which separate but equally powerful levels of government is preferable.

  • The Taney Court said that the national government should not exceed its enumerated powers.


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The Civil War and Beyond

  • The Civil War minimized the impact of Dred Scott on limiting the growth of federal authority.

  • Dual federalism remained the Supreme Court's framework even after the adoption of the 13th, 14th, and 15th amendments.

  • Dual federalism finally ended in the 1930s, when the crisis of the Great Depression demanded powerful actions from the national government.


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Reagan Revolution

Environmental and consumer regulation

Terrorism

Civil rights revolution and the Great Society

Devolution movement

WW II

Great Depression & New Deal

WW I

Income Tax

Industrial revolution and urbanization

The Civil War Amendments (13th-15th)

Dred Scott

The Civil War

Landmarks on the road of rising federal power and responsibilities

McCulloch v. MD

Constitution replaces Articles


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Federalism and the Supreme Court

  • By the 1980s and 1990s, many Americans began to think that the national government was too big, too strong, and too distant to understand their concerns.

  • The Supreme Court, once again, played a role in this new evolution of federalism.


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The Changing Nature of Federalism

  • Prior to the 1930s, a “layer cake”

  • After the New Deal, a “marble cake”


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Understanding Federalism

  • Federalism and the Scope of Government

    • Which level of government is best able to solve the problem?

    • Which level of government is best able to fund solutions to the problem?


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Advantages for Democracy

Increasing access to government

Local problems can be solved locally

Hard for political parties / 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- too much money

Understanding Federalism


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Additional Advantages

  • “Laboratories of Democracy”.

  • Competition.

  • Efficiency


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Intergovernmental Relations Today

  • “Cooperative” Federalism

    • Definition: A system of government in which powers and policy assignments are shared between states and the national government.

    • Shared costs

    • Shared administration


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Intergovernmental Relations Today

Fiscal Federalism

  • Definition: The pattern of spending, taxing, and providing grants in the federal system.

Figure 3.2


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Fiscal Federalism continued:

The Grant System:

Distributing the Federal Pie

  • Two Types of Grants:

    • Categorical Grants: Federal grants that can be used for specific purposes. (with “strings attached”)

    • Block Grants: Federal grants given more or less automatically to support broad programs. “Revenue Sharing”


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Fiscal Federalism continued…

  • The Scramble for Federal Dollars

    • $300 BILLION in grants every year

    • “Universalism” - a little something for everybody


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Fiscal Federalism continued…

  • The Mandate Blues

    • Mandates are the “strings” attached to federal money

    • Unfunded mandates are requirements on state & local governments- but with no money


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Examples of Federalism

  • Education

  • Public Safety

  • Welfare

  • Health Care

  • Hurricanes

  • Terrorism


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Hurricanes

  • NATIONAL Oceanic and Atmospheric Administration

    • NATIONAL Weather Service

    • NATIONAL Hurricane Center

  • FEDERAL Emergency Management Agency

  • STATE Government of Florida/Louisiana

  • COUNTY Governments in FL/LA

  • LOCAL Governments in FL/LA

  • PRIVATE Companies and Individuals


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911 Terrorism

  • New York City

    • NYPD

    • NYFD

  • New York State

  • Port of NY

  • US Government


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The Russian Response to Terror

  • Regional Governors to be elected by local legislatures not the people.

  • Regional governors would be nominated by the (National) President

  • Duma (lower federal house) would be elected from national slates. District elections (currently ½) would be eliminated.


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Summary: Continuity and Change

  • Federalism as outlined at Philadelphia in 1787 has evolved considerably over time.

  • Initially, the states were quite powerful.

  • Over time the national government became progressively stronger.

  • Today, we have a Court that is more interested in reinvesting power in the 10th Amendment and in the states. The countervailing force is the “war on terrorism”.


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