1 / 28

Federalism

Federalism. Federalism as a System of Government. Federalism Confederation Unitary System. Federalism as a System of Government. Comparing American Federalism: American Invention 18 Nations/ 1/3 of World Pop/ 40% land Historical Origins of American Federalism Role of Size and Diversity:

sarah
Download Presentation

Federalism

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Federalism

  2. Federalism as a System of Government • Federalism • Confederation • Unitary System

  3. Federalism as a System of Government • Comparing American Federalism: • American Invention • 18 Nations/ 1/3 of World Pop/ 40% land • Historical Origins of American Federalism • Role of Size and Diversity: • India, Pakistan, Russia, Brazil, Mexico, Canada, Germany • Iraq

  4. Types of Political Systems

  5. Federalism in the Constitution • Independent State Powers • Supremacy Clause • Tenth Amendment • Reservation Clause • Concurrent Powers

  6. Relations Among States • Horizontal Federalism • Article IV • Full Faith and Credit • Same-Sex Marriage Problem/DOMA • Privileges and Immunities • Interstate Compacts/ Article I, Section 10

  7. The Evolution of American Federalism • Economic Crises • War • Social Issues

  8. The Evolution of American Federalism • The Perpetual Debate About the Nature of American Federalism: • The Nationalist Position: • “We the People, not, We the States” • “Create a more perfect union” • “To promote the general welfare” • Commerce Clause • Supremacy Clause • Necessary and Proper Clause/Elastic Clause • Proponents: Alexander Hamilton, Chief Justice Marshall, Abraham Lincoln, Woodrow Wilson, Two Roosevelts, Barack Obama, Liberal Democrats

  9. The Evolution of American Federalism • States Rights Position: • Constitutional Convention: • Representatives of the States • Ratified by the States, not the people • Amendment by ¾ of states, not people • Tenth Amendment/Reservation Clause • Dual Federalism • Proponents: Thomas Jefferson, Southern Secessionists, Southern Civil Rights Era Resistors, Conservative Republicans • National Health Care Law/ Firearms Law/Medical Marijuana/Recreational Marijuana

  10. The Evolution of American Federalism • Federalism Before the Civil War • South/ New England • Nullification • Supreme Court/John Marshall • Judicial Review • Fletcher v Peck (1810) • McCulloch v Maryland (1819) • Preemption

  11. The Evolution of American Federalism • The Civil War and the Expansion of National Power • Civil War Amendments • 13th Amendment • 15th Amendment • 14th Amendment: • Due Process Clause • Equal Protection Clause

  12. The Evolution of American Federalism • Expanded National Activity Since the Civil War: • Late Nineteenth Century to World War: • National Government increases administration of western lands • Interstate Commerce Act 1887 • Sherman Antitrust Act 1890 • Federal Reserve Act 1913 • Federal Trade Commission Act 1914 • World War I

  13. The Evolution of American Federalism • The New Deal and World War II: • Great Depression • Franklin D. Roosevelt’s New Deal (1930’s) • FCC, CAB, SEC,FPC, NLRB • Social Security • World War II

  14. The Evolution of American Federalism • The Post-War Period: • Federal Government spending double that of all states and localities! • Social Security • National Defense (Cold War, Korean War, Vietnam War) • Civil Rights Movement (LBJ’s Great Society) • Regulatory Revolution (Environmental Protection)

  15. The Evolution of American Federalism • The Supreme Court’s Support for the Nationalist Position: • 1895 Sherman Anti-Trust Act/Monopolies/Commerce Clause • 1918 Child Labor Laws- Struck Down • 1930’s National Recovery Act/Agriculture Adjustment Act- Struck Down • After 1937: • Upheld Social Security Act & National Labor Relations Act • 1964 Civil Rights Act • 1990’s Rehnquist Court

  16. The Evolution of American Federalism • Devolution: • 1980’s and 1990’s- Redistribution of powers from national to state governments • Ronald Reagan, George H.W. Bush, Bill Clinton • Republican Congress • Opinion Polls 1990’s • Rehnquist Court: • 1995- Federal gun ban at schools/ background checks overturned • 2000- Violence Against Women Act /partially invalidated • 2001- Americans With Disabilities Act/partially invalidated • Retreat by the Court: medical marijuana, juvenile death penalty, affirmative action, gay rights

  17. The Evolution of American Federalism • National Power Reasserted: • George W. Bush Ends Devolution • “Compassionate Conservatism” • End Abortion/Protect Family/Enhance Education/Welfare to Jobs • Cut Taxes & Loosened Environmental Controls • Big Increase in Federal Government Power: • “No Child Left Behind” • Prescription Drug Benefit Under Medicare • Mandatory Spending on Medicaid by States

  18. The Evolution of American Federalism • September 11th, 2001 • War on Terrorism • War in Afghanistan • War in Iraq • Patriot Act • Increased: • Law Enforcement • Intelligence Gathering • Bank Oversight • Public Health • Barack Obama Continues These Policies

  19. The Evolution of American Federalism • After 2004 State governments pushed back with their own laws and regulations • The Great Recession (2008-2010): • $700 Billion Financial Rescue Package (Bush) • Expanded Power to the Treasury Department (Bush) • Expanded Power to the Federal Reserve under Ben Bernanke (Bush) • Auto Industry Bailout (Obama) • $787 Billion Stimulus for States (Obama): • Tax Cuts • New Expenditures: • Extended Unemployment Benefits • Funded Research & Development in Alternative Energy • Money for School Construction/Teaching Jobs • Massive Increase in Infrastructure Projects • Help States Pay for Medicaid

  20. The Evolution of American Federalism • Affordable Care Act (Obama Care) passed by Democratically Controlled Congress • Largest Expansion of Government Power Since the Great Society Programs of the 1960’s • Climate Bill Proposed to stop Dependence on Fossil Fuels Died in the Senate when Republicans and Coal-State Democrats Defeated It • Republican Controlled States are Pushing Back Against Obama’s Proposals with Legislation of Their Own

  21. The Evolution of American Federalism • Changing American Federalism: • Layer Cake vs. Marble Cake Comparison • Cooperative Federalism- 60’s & 70’s • This is mostly gone today. No new term has replaced it. • Today’s relationship between the Federal Government and the States is much more adversarial than cooperative!

  22. Fiscal Federalism • The transfer of money from the national government to state and local governments. • These are also known as Grant-In-Aids. • Origin and Growth of Grants: • Began in 1787- Northwest Ordinance • Early 1800’s – Land Grants for roads, canals, railroads, and militias • 1862- Agricultural Colleges • 1900- Agricultural Vocational Education & Highways

  23. Fiscal Federalism • Federal Grants really took off in the 1950’s, 1960’s and 1970’s under both Republican and Democratic administrations. • Eisenhower- Interstate Highway System • Johnson- Great Society • Reagan- Opposed most Grants • 1990’s- Transportation, Education, HIV/AIDS, Poverty, Crime, Air & Water Pollution. • Policies set at national level, using Federal money, that the states carried out. • 2008 & 2009- Huge increases for Medicaid, Unemployment Insurance, Education, and Infrastructure to stimulate the economy during the Great Recession

  24. Fiscal Federalism • Types of Grants: • Categorical Grants- give money to the states, but clearly specify the category of activity for which the money has to be spent and defines how the program should work. • Block Grants- give money to the states for more general purposes and with fewer rules. • General Revenue Sharing- money given to the states with no rules. (short lived) • Conflicts involving grants.

  25. Fiscal Federalism • Conditions on Aid- • Categorical and Block Grants both have conditions attached and thus are called Conditional Grants. • These grants are voluntary on the part of the states. • Most states can’t afford to give up the money attached to the grants, so are coerced into accepting the conditions attached to the grant. • 1964 Civil Rights Act Example • 1984 Drinking Age Example

  26. Fiscal Federalism • Mandates- • A demand that states carry out certain policies even when little or no national government aid is offered. • Unfunded Mandates- Involves no aid at all or less aid than compliance will cost. • Most Mandates involve civil rights or the environment • Most flow from the Fourteenth Amendment Equal Protection Clause and environmental laws that apply to all states since pollution crosses state borders. • Preemption- A doctrine based on the Supremacy Clause in the Constitution and supported by a series of Supreme Court decisions, says that federal statutes and rules must prevail over state statutes and rules when the two are in conflict.

  27. U.S. Federalism: Pro and Con • Pro: Diversity of Needs • Con: The Importance of National Standards • Pro: Closeness to the People • Con: Low Visibility and Lack of Popular Culture • Pro: Innovation and Experimentation • Con: Spillover Effects and Competition

More Related