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BEARS WIN!!!

BEARS WIN!!!. American Federalism . Chapter 3. A form of government in which a constitution distributes power between a central government and sub-divisional governments. . Defining Federalism. Powers. Not Existence Alone.

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BEARS WIN!!!

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  1. BEARS WIN!!!

  2. American Federalism Chapter 3

  3. A form of government in which a constitution distributes power between a central government and sub-divisional governments. Defining Federalism

  4. Powers

  5. Not Existence Alone • Constitution gives clearly defined functions of both national and sub-divisional.

  6. Different Visions of Federalism • Dual Federalism • Cooperative Federalism • Marble Cake Federalism • Competitive Federalism • Permissive Federalism • “Our Federalism” • Pg. 58

  7. Dual Federalism • Views constitution as giving limited list of powers – foreign policy and national defense – to the national government, the rest to states • Interpretation by Supreme Court for our first 100 years

  8. Cooperative Federalism • Intergovernmental relations in delivering governmental goods and services to the people. • Cooperation among various levels of government

  9. Marble Cake Federalism • All levels of government involved in a variety of issues and programs

  10. Views national government, 50 states, and thousands of other units as competing with one another to put together packages of services and taxes. Competitive Federalism

  11. Permissive Federalism • States share of power rest on the permission of the national government

  12. Our Federalism • Presumes power of federal government is limited in favor of the broad powers reserved to the states

  13. Around the Globe • Covers more than half the land surface of the globe and half of the world’s population

  14. How many governments do we have? • Cities are not sovereign entities! • 88,000 governmental units • From national government to the school board district. • Not efficient or easy to understand

  15. Number of Governments in the U.S. • 1 National • 50 States • 3,034 Counties • 19,431 Municipalities • 16,506 Townships or Towns • 13,522 School Districts • 35,356 Special Districts • Total = 87,900

  16. Alternatives to Federalism • Unitary Systems • All power invested in central government by constitution FRANCE Philippines

  17. Alternatives to Federalism • Confederations • Sovereign nations, through a constitutional compact, create a central government and do not give it the power to regulate the conduct of individuals directly.

  18. Why? • Checks the growth of tyranny • Allows unity without uniformity • Encourages experimentation • Closer to the people

  19. The Constitutional Structure of American Federalism • National Gov’T has only powers delegated to it by Constitution (inherent powers over foreign affairs). • Within the scope of its operations, the national government is supreme. • The state governments have powers not delegated to the central government. • Some powers denied to both states and national, others only to one or the other.

  20. Powers of National Government • Express powers (clearly stated in constitution) • Implied powers (inferred from express powers)  create banks • Basis in Article 1, Section 8, Clause 3 • The Necessary and Proper Clause

  21. Powers of National Government • Inherent Powers : dealing with foreign affairs, same power as if it were a central government in a unitary system • Chart on page 62

  22. Powers of the States • The Constitution reserves for the states all powers not granted to the national government, subject to limitations of the Constitution. • Taxes and internal commerce

  23. Powers of the National Government • The national supremacy article • The war power • Regulation of interstate and foreign commerce • Power to tax and spend

  24. States cannot…. • Make treaties with foreign governments • Coin money, print bills • Tax imports or exports • Tax foreign ships • Keeping troops in time of peace (except national guard) • Engaging in war (unless invaded)

  25. Interstate Relations • Full Faith and Credit • Requires state courts to enforce the civil judgments of the courts of other states. • Interstate Privileges and Immunities • States must extend to citizens of other states the privileges and immunities granted to their own citizens

  26. Interstate Relations • Extradition • Criminals fleeing between states are to be returned if the executive authority of the state from which they committed the crime request • Interstate Compacts • States must settle disputes without the use of force • Must form interstate compacts or take cases to Supreme Court

  27. Role of Federal Courts • McCulloch v. Maryland (1819) • Issue over the Bank of the U.S. • Maryland loses • Supremacy Clause • -taxing = power to destroy

  28. Federal Courts and the Role of the States • Because of 14th Amendment, “equal protection of laws”, all action by local officials is subject to challenge by federal judges. • When federal law takes precedence over enforcement of a state or local regulation it is called Preemption

  29. Preemption Examples • Hazardous substances • Clean air standards • Many civil rights acts

  30. The Great Debate • Centralist versus Decentralist

  31. Who are they? • Centralist favor national action • Decentralist favor state or local action

  32. Decentralist Position • Look to the 10th Amendment for their support • National government should not interfere with state’s rights • Anti-Federalists, Thomas Jefferson, Reagan, George Bush Sr., Clarence Thomas, Justice Rehnquist

  33. Centralist Position • View Constitution as supreme law of the land. • John Marshall, Lincoln, FDR, Theodore Roosevelt

  34. Supreme Court and Role of Congress • 1927-1990s ruled in favor of national government • Last decade focused on return to state’s rights

  35. Grants, Mandates, and Techniques of Control • Congress provides for budgets of programs • Four purposes to Federal Grants….on next slide do not write them now!

  36. Here they are…..and on page 72 • To supply state and local governments with revenue • To establish minimum national standards for such things as highways and clean air • To equalize resources among the states by taking money from people with high incomes through federal taxes and spending it, through grants, in states where poor live • To attack national problems yet minimize the growth of federal agencies

  37. Types of Federal Grants • Categorical – Formula Grants: • These go to specific purposes; schools, highways, airports • Federal supervision to make sure $ spent right

  38. Types of Federal Grants • Project Grants: • Appropriates a certain sum based on applications • Example grants to states for support training and employment programs

  39. Types of Federal Grants • Block Grants: • Broad grants to states for prescribed activities • Welfare, child care, education, social services, preventive health care, and health services • States have great flexibility in how they spend

  40. The Politics of Federal Grants Republicans Democrats Prefer categorical-formula grants • Favor block grants • Welfare from national government to state government under Clinton 1996 end of Aid to Families with Dependent Children (AFDC), 61 year old program. Replaced with Work Opportunity Reconciliation Act of 1996. Gave them block grants with federal funds cap.

  41. Federal Mandates • Less $, but not less control • Unfunded Mandates Reform Act (1995) • Examples • Americans with Disabilities Act • Environmental Protection Agency

  42. New Techniques for Control • Direct Orders • Orders must be complied with under threat of criminal or civil sanction • Equal Employment Opportunity Act of 1972 • Prevents job discrimination based on race, color, religion, sex, or national origin

  43. New Techniques for Control • Cross-Cutting Requirements • Certain conditions that extend to all activities supported by federal funds, regardless of their source. • Title VI of 1964 Civil Rights Act • No discrimination in use of federal funds

  44. New Techniques for Control • Crossover Sanctions • Permits the use of federal money in one program to influence state and local policy in another. • Reduction of highway aid if drinking age not 21

  45. New Techniques for Control • Rest on the supremacy and commerce clauses of the Constitution • Federal jurisdiction • Sometimes state has option to run program, but if they give it up the federal government steps in

  46. The Growth of Big Government Growth of communication, not only local anymore More economy and transportation Great Depression Politics of Federalism

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