politics short homework

e201611

GOVT10_SidlowHenschen_Ch03.pptx

Home >Political Science homework help >politics short homework

Chapter 3 Federalism

Federalism

LEARNING OUTCOMES

Explain what federalism means, how federalism differs from other systems of government, and why it exists in the United States

Indicate how the Constitution divides governing powers in our federal system

Summarize the evolution of federal-state relationships in the United States over time

‹#›

GOVT10 | CH3

LEARNING OUTCOMES (continued)

Describe developments in federalism in recent years

Explain what is meant by the term fiscal federalism

‹#›

GOVT10 | CH3

America at Odds: Should Recreational Marijuana Be Legal?

Instead of legalizing marijuana, would it make sense to ban alcoholic beverages? Why or why not?

What benefits might states gain if they legalize the recreational use of marijuana?

‹#›

GOVT10 | CH3

Federalism

System of shared sovereignty between two levels of government occupying the same geographic region

Powers of national and subnational units are specified and limited

LO 1

‹#›

GOVT10 | CH3

U.S. Federalism in Practice

National government has specific powers granted by the Constitution

Possesses the implied power to undertake actions necessary to carry out its expressly designated powers

All other powers are reserved to the states

LO 1

‹#›

GOVT10 | CH3

Alternatives to Federalism

Unitary system: Centralized governmental system

Local or subdivisional governments exercise only those powers given to them by the central government

National government can take away delegated powers at will

Majority of nations- Britain, Egypt, France, Ghana, Israel, Japan

Confederal system

League of independent sovereign states, joined together by a central government that has limited powers over them

US under Articles of Confederation

LO 1

‹#›

GOVT10 | CH3

‹#›

GOVT10 | CH3

Advantages of Federalism

Suits the large size of the United States

Size

Enables experimentation with innovative policies and programs at the state or local level

Experimentation

Allow political and cultural interests of regional groups to be reflected in the laws governing them

Subcultures

LO 1

‹#›

GOVT10 | CH3

Drawbacks of Federalism

A single political group can dominate a small political unit

Powerful state and local interests can impede national laws

Lack of uniformity of state laws complicate interstate business transactions

Coordinating government policies at national, state, and local levels is difficult

LO 1

‹#›

GOVT10 | CH3

Powers of the National Government

Expressed (enumerated) powers

Constitutional or statutory powers that are expressly provided for by the U.S. Constitution

Coin money, regulate interstate commerce, naturalization

Implied powers

Powers of the federal government that are implied by the expressed powers in the Constitution

Context is found in the necessary and proper clause

LO 2

‹#›

GOVT10 | CH3

Necessary and Proper Clause

Article I, Section 8, Clause 18 of the Constitution

Gives Congress the power to make all laws necessary and proper for the federal government to carry out its responsibilities

Also called the elastic clause

For example- to print paper money “coin money”

LO 2

‹#›

GOVT10 | CH3

Powers of the National Government (continued)

Inherent powers

Necessary to ensure the nation’s integrity and survival as a political unit

Not expressly granted by the Constitution

Treaties, immigration, wage war

Federal lands - The U.S. holds the inherent power to own land

Constitution expressly prohibits the national government from:

Imposing taxes on exports

Passing laws that restrain certain liberties

LO 2

‹#›

GOVT10 | CH3

Powers of the states

Tenth Amendment guarantees

Reserved powers- power not delegated to the national government is given to states

Police power- authority to legislate for the protection of the health, morals, safety, and welfare of the people

Pass laws on crime, marriage, contracts, education and land use

Powers prohibited to the states

Article I, Section 10

Taxing goods transported across state lines

Entering into treaties with other countries

‹#›

GOVT10 | CH3

Provisions Relating to Interstate Relations

Horizontal federalism - Relationships among the states in federal system of government

Full faith and credit clause

Requires each state to honor every other state’s public acts, records, and judicial proceedings

Interstate compacts

Agreements among states to regulate the use or protection of certain resources

Lake Tahoe- California and Nevada

LO 2

‹#›

GOVT10 | CH3

Concurrent Powers and Supremacy Clause

Concurrent powers: Held by both federal and state governments

State’s concurrent powers apply only within the geographic area of the state

The Supremacy clause: Article VI, Clause 2 of the Constitution

Makes the Constitution and federal laws superior to all conflicting state and local laws

LO 2

‹#›

GOVT10 | CH3

3.2 Powers Granted by the Constitution

LO 2

‹#›

GOVT10 | CH3

Figure

3.3 Powers Denied by the Constitution

LO 2

‹#›

GOVT10 | CH3

Figure

Early United States Supreme Court Decisions

Marbury v. Madison

Helped clarify judicial review

Courts can determine that laws or executive actions are unconstitutional

McCulloch v. Maryland, 1819

Involved the supremacy clause and the necessary and proper clause

Decision - No provision in the Constitution grants the national government the expressed power to form a national bank

Doctrine of national supremacy

No state could use its taxing power to tax an arm of the national government

LO 3

‹#›

GOVT10 | CH3

Early United States Supreme Court Decisions (continued)

Gibbons v. Ogden, 1824

Commerce clause

Commerce was defined as all business dealings, including steamboat travel

Power to regulate interstate commerce:

Was an exclusive national power

Had no limitations other than those found in the Constitution

LO 3

‹#›

GOVT10 | CH3

Supremacy Battle during the Civil War

Southern states:

Protested tariffs imposed by the national government in 1828 and 1832

Favored secession in order to defend slavery and promote state rights

Secession: Withdrawal of a state from the federal Union

Faced defeat by the Union in the Civil War

Resulted in an increase in the political power of the national government

LO 3

‹#›

GOVT10 | CH3

Dual and Cooperative Federalism

Dual federalism: Federal and state governments maintain diverse but sovereign powers

Revival of states’ rights- through court’s rulings

1918 unconstitutional to outlaw products made by child labor- local issue

Limited national power from Civil War gain

Ended in the 1930s

Cooperative federalism: Federal and state governments cooperate in solving problems

LO 3

‹#›

GOVT10 | CH3

Cooperative Federalism and the Growth of the National Government

New Deal: Policies ushered in by the Roosevelt administration in 1933

Attempted to bring the United States out of the Great Depression

Involved government spending and public-assistance programs

Ushered in an era of cooperative federalism

Marked the real beginning of an era of national supremacy

LO 3

‹#›

GOVT10 | CH3

Cooperative Federalism and the Great Society

Created Medicaid, Medicare, the Job Corps, and Operation Head Start

Civil Rights Act of 1964

Prohibited discrimination on the basis of race, color, national origin, religion, or gender

Picket-fence federalism

Model in which specific policies and programs are administered by all levels of the government

LO 3

‹#›

GOVT10 | CH3

Federalism Today

New federalism: Limits the federal government’s role in regulating state governments

Gives states increased power in deciding how they spend government revenues

Devolution: Transfer of powers to local authorities by a central government

LO 4

‹#›

GOVT10 | CH3

Supreme Court and the New Federalism

Supreme Court furthered the cause of states’ rights during the late 1990s and early 2000s

United States v. Lopez, 1995

Concluded that the Gun-Free School Zones Act of 1990 was unconstitutional

Struck down portions of the Brady Handgun Violence Prevention Act of 1993

Invalidated a provision of the federal Violence Against Women Act of 1994

LO 4

‹#›

GOVT10 | CH3

Supreme Court and the New Federalism (continued)

Massachusetts v. Environmental Protection Agency (EPA)

Court ruled in favor of the states and held the EPA responsible for failing to regulate greenhouse-gas emissions

LO 4

‹#›

GOVT10 | CH3

The Shifting Boundary between Federal and State Authority

Politics of federalism

Republican Party

Viewed as the champion of states’ rights

Democratic Party

Supported states’ rights since the Clinton administration

LO 4

‹#›

GOVT10 | CH3

Federalism Today and the Supreme Court

Supreme Court has confirmed national authority over the following:

Immigration

Arizona v. United States, 2012

Health-care reform

National Federation of Independent Business v. Sebelius, 2012

Voting rights

Shelby County v. Holder, 2013

LO 4

‹#›

GOVT10 | CH3

Fiscal Federalism

Allocation of taxes collected by one level of government to another level

Typically collected by national government and allocated to state governments

Federal grants

Categorical grant: Targets a specific purpose as defined by federal law

National government controls how states use the funds by imposing certain conditions

Repair highways

LO 5

‹#›

GOVT10 | CH3

Fiscal Federalism (continued 1)

Block grant: Given to states for a broad area

Gives the states more discretion over how the funds will be spent

Mental health or criminal justice

LO 5

‹#›

GOVT10 | CH3

3.4 State and Local Government Revenue Sources

LO 5

‹#›

GOVT10 | CH3

Figure

Fiscal Federalism (continued)

Federal mandate

Forces states and municipalities to comply with certain rules

Drawback - Cost of compliance can be high, and funding may be insufficient

LO 5

‹#›

GOVT10 | CH3

Competitive Federalism

State and local governments compete for businesses and citizens

People vote with their feet by moving to jurisdictions that offer a competitive advantage

States that offer more social services and lower taxes experience an increase in population

LO 5

‹#›

GOVT10 | CH3

Gay Marriage: On Whose Authority? Click picture to play video

County clerk refuses to issue marriage license

‹#›

GOVT10 | CH3

INSTRUCTOR: To find the video, search “Same-sex marriage-conservative Kim Davis” under Clips on C-SPAN’s website (www.c-span.org). You can also visit the page directly at http://www.c-span.org/video/?c4579449/same-sex-marriage-conservative

Questions

Should government employees be able to ban or prevent same-sex marriages based on their personal religious beliefs?

Why or why not?

Which should take precedence, the right to exercise religious freedom or the right of two single, consenting adults to marry?

Share your views with the class and discuss

‹#›

GOVT10 | CH3

KEY TERMS

Federalism

Unitary system

Confederal system

Division of powers

Expressed powers

Implied powers

Necessary and proper clause

Inherent powers

Police powers

Concurrent powers

Supremacy clause

Secession

Dual federalism

Cooperative federalism

New Deal

‹#›

GOVT10 | CH3

‹#›

KEY TERMS

‹#›

KEY TERMS (continued)

Picket-fence federalism

Preemption

New federalism

Devolution

Federal mandate

Fiscal federalism

Categorical grant

Block grant

Cross-cutting requirements

Competitive federalism

‹#›

HIST4 | CH16

‹#›

GOVT10 | CH3

‹#›

KEY TERMS (continued)

‹#›

SUMMARY

Government powers in a federal system are divided between a national government and subnational governments

New federalism returned certain powers to the states that were exercised by the national government

Fiscal federalism allocates taxes collected by one level of government to another level

‹#›

SUMMARY

GOVT10 | CH3

‹#›

GOVT10 | CH3