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Federalism

Federalism. 1/26/2012. Clearly Communicated Learning Objectives. Upon completion of this course, students will be able to: understand and interpret the United States Constitution and apply it to present policy dilemmas. 

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Federalism

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  1. Federalism 1/26/2012

  2. Clearly Communicated Learning Objectives • Upon completion of this course, students will be able to: • understand and interpret the United States Constitution and apply it to present policy dilemmas.  • understand why our national government works and why the American system of government is unique.

  3. Opportunities to Discuss Course Content • Today 11-2 • Monday 10-2 Free Constitutions for anyone who stops by

  4. Readings • Federalist 10 • http://www.constitution.org/fed/federa10.htm • Chapter 3- Federalism

  5. The Constitutional Basis of Federalism

  6. Problems of the Articles • States took advantage of each other • States could ignore national law • States were unwilling to give up their power

  7. The Constitution addresses this • Enumerated Powers • Implied Powers • Denying Powers to the States and Federal Govt

  8. Enumerated Powers • Powers expressly given to the National Government • Most listed in Article I Section 8 of the Constitution

  9. Implied Powers • Stem from the Elastic Clause (Article I, Sec 8)The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

  10. Application of Elastic Clause • McCulloch v. Maryland (1819) • Upholds the elastic clause

  11. Powers Denied to the Federal Government • Article I Section 9 • Slavery Regulation • Keep trade flowing between the states • Titles of nobility

  12. The Supremacy Clause (Article I, Sec 4) • National law is supreme • Immigration Battles • Food

  13. Powers Denied to the States

  14. Things the States Gave Up • Article I Sec 9 • Have a standing army or navy • Printing paper currency

  15. Things Prohibited to the States • Bill of Attainder • Ex Post Facto Laws

  16. Gibbons v. Ogden (1824) • The States Lost the Power to Regulate Interstate Commerce • Federal Government has this exclusive right

  17. Concurrent Powers • Power shared by Federal and State Governments • Power To Tax • Make laws protecting Public safety

  18. Income Taxes By State

  19. Interstate Relations :Privileges and Immunities

  20. Interstate Relations: Full Faith and Credit of Public Records

  21. The evolution of federalism

  22. 10th AmendmentThe 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.

  23. So How many governments are there? The Federal Government Ok, That’s one

  24. What Else? 50 State Governments

  25. What Else are there? • 3,034 County Governments • 36,000 Local Governments • 13,000 School Districts • 37,000 Special Districts • Utility Districts- PEC • Hospital Districts • Transit Districts- e.g. CAP Metro • Park Districts • Water Districts- e.g. LCRA • And more!

  26. What Does This Mean? • There are roughly 89,500 governments that have legal authority over policymaking. • Some governments are impotent in certain policy areas, while extremely powerful in others.

  27. Things Not Mentioned By the Constitution • Health Care • Education • Police Power • The Environment

  28. Metaphors of Federalism

  29. Dual and Cooperative Federalism

  30. How Things Get Done Federalism Today

  31. Federalism Today Relies on • Implied Powers • 16th Amendment • 14th Amendment

  32. What is Fiscal Federalism • Providing Financial incentives for states to pursue national policy goals • Come in the Form of Grants-in-aid

  33. How important?

  34. Sources

  35. Block Grants • Few Strings Attached • States like these

  36. Categorical Grants • 90% of All Grant Money • Most require state matching funds • Less Freedom

  37. Project Grants • A Type of Categorical Grant • Competitive

  38. Formula Grants • Based on specific income or population formulas • Often census based

  39. Medicaid • The Biggest Categorical Grant (a formula grant) • Health Insurance for the Poor • Demand has increased as have costs

  40. Entitlements

  41. Entitlements • Provide resources directly to individuals • If You are eligible, you receive the resource • Bypasses the states altogether.

  42. These are Very Expensive

  43. Social Security • The Largest Single Federal Program • A program that everyone loves • A Program that tracks baby names

  44. Why do we love it? • Almost everyone gets it- 54 million people were receiving benefits. • It has very basic goals that are easy to reach • The average worker gets $1,164 a month

  45. How Do We pay for it? • Payroll Taxes • I Pay 4.2% of my salary For 2011 • St. Edward’s matches this • There is an upper limit on taxes… for Now (the most you can pay is $4,485.60 ) • The most you can get in benefits is $2366

  46. SOCIAL SECURITY IS IN FINANCIAL TROUBLE

  47. America is Getting Older

  48. Americans are living Longer

  49. There are Fewer Workers

  50. The 2011 Numbers In 2016 we will begin paying more in benefits than we collect in taxes. Without changes, by 2036 the Social Security Trust Fund will be exhausted* and there will be enough money to pay only about 76 cents for each dollar of scheduled benefits.

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