"Is Federalism Necessary?
POL110 Week 3 Scenario Script: Federal and State Division of Powers
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Slide 1 |
Introductory screen, containing the environment (an outside view of a government office building) and a title showing the scenario topic. There will be a “begin” button on the screen allowing students to begin the scenario. |
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Slide 2 |
Scene 1 Dr. Ryan sitting in his office. |
Dr. Ryan: Welcome back, Amanda. Last week we spoke about peoples’ civil rights and civil liberties. This week we’ll take a close look at federalism. Do you have any initial thoughts on these topics, Amanda?
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Slide 3 |
Scene 2 Amanda and Dr. Ryan standing in Dr. Ryan’s office.
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Amanda: Hello Dr. Ryan. I suppose the best way to describe federalism is to say that it’s the kind of close relationship that a government and a group of states share that does not impinge on either’s rights. However, the government is not actually a genuine federal system unless the states are authorized to operate independently. Dr. Ryan: That’s a good start, and it’s really a question of sovereignty and respect between the two types of government – national on the one hand, and state and local on the other. When our federal system began, the Constitution divided power between the two groups. Amanda: I understand, Dr. Ryan, but my one question is how has this changed since then? Dr. Ryan: Initially, the Antifederalists argued that the national government had too much power. Once the Constitution was ratified, the Federalists prevailed. However, as it turned out, the Antifederalists were correct. And now the national or federal government has assumed a number of responsibilities that initially fell within the purview of the states.
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Slide 4 |
Scene 3 Amanda and Dr. Ryan do a visual tour of a museum or historical exhibit in Capitol Hill that showcases the material that is covered. This is sort of a visual tour of Washington D.C. as well as a visual component to the conversation. A photo of a recent reunion of Civil War veterans. Most of them will be about 175 years old, but you have an MA now, so I know you can find something. A shot of Congress in session.
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Amanda: And has this led to any conflict? Dr. Ryan: I’m afraid so, and as we alluded to earlier, slavery was among the most serious issues that neither side resolved. It led to war because the South wrote off something that actually dealt with racial inequality and not with states’ rights, as they argued. Amanda: And what was the outcome of that disagreement? Dr. Ryan: Lincoln preserved the Union and in doing so, preserved federalism…much to the dismay of Southern Democrats. The Southern Democrats knew that if the South lost, their days as slaveholders were over and to continue to practice slavery would put them outside the federal system. I think it’s important to note here that if the Constitution were drawn up only to preserve the independence of states, then they would have become only minor subunits of the government long ago. The reason federalism works as it was designed is because Americans like the idea of independent local self-government. This is the reason that their representatives vote accordingly. Amanda: We are the only country in a world of almost two hundred that has a federal democracy. And all other democratic states have a form of parliamentary democracy. Why do you think that is? Dr. Ryan: That’s a great question. I would put it down to the independent nature inherent in American culture – where we select our own leader. We don’t leave it to a winning political party to do so, as you have with a parliamentary system. I think we like that concept of direct accountability. There are some countries, located mostly in Europe, that have federal forms of government which are multiparty parliamentary democracies. But the U.S. is unique in the sense that Americans tend to trust their state and local governments more than they do their federal government. |
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Slide 5 |
Scene 4 Amanda and Dr. Ryan do a visual tour of a museum or historical exhibit in Capitol Hill that showcases the material that is covered. This is sort of a visual tour of Washington D.C. as well as a visual component to the conversation. Lithograph of Marshall or his Court. Shot of a groups of firefighters or police officers with a woman present. |
Amanda: I guess I’ll have to remember that a federation like the U.S., as well as its states, derives its power from the people. This is because ultimately they’re the ones who decide who governs and who doesn’t. That’s why the power of one person’s vote becomes so important in local, state and general elections. Dr. Ryan: Nice analysis, Amanda. In the early stages, Chief Justice John Marshall of the Supreme Court was a staunch supporter of national supremacy. In a famous case called McCulloch versus Maryland, his Court ruled unanimously that Congress had the right to charter a national bank and that states could not tax such a bank. It was a landmark case because it told the states that the federal government was supreme in the exercise of the powers conferred upon it by the Constitution. Amanda: But isn’t there still a clear division of powers between the federal government and states? Dr. Ryan: Of course. Except for the F.B.I., control over law enforcement departments, school districts, and county supervisors is still retained in local hands. This is because people have made it clear to their representatives that they want the authority to determine policy with regard to these agencies. But they don’t mind one bit if the federal government regulates the activities of local businesses. Strange, but true. Actually, the only time the government will ever step into the local fray is with regard to hiring practices, in order to make sure that women and other minorities are not being discriminated against in these local agencies. But that’s about it. |
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Slide 6
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Scene 5 Amanda and Dr. Ryan do a visual tour of a museum or historical exhibit in Capitol Hill that showcases the material that is covered. This is sort of a visual tour of Washington D.C. as well as a visual component to the conversation. Vanessa, I’m going to leave it to your astute judgment and keen sense of observation to find a suitable photograph that would fit in here. Maybe a bridge or some public office building being built?
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Dr. Ryan: It occurs to me that something else needs mentioning. This is the grant program emanating from the government. Huge amounts of funding are provided in two ways. Amanda, can you think of them? Amanda: Somehow I knew this was going to come up, and they’re categorical and block grants. Categorical goes for specific programs or projects defined by federal law and blocks are reserved for general purpose proposals that don’t have as many restrictions on how the money is spent. Dr. Ryan: I’m impressed; you have certainly been keeping up with the reading. Now, this actually leads us into something called mandates. Mandates require that states pay the costs of certain nationally defined programs. In other words, free government money is not always as free as it might otherwise seem, because there are almost always conditions attached to how it must be spent. Amanda: So how efficient is federalism as a form of government? Dr. Ryan: Another good question! American federalism works because each side, the states and the government, understand the rules of the game. This means that good governing means there is always a trade-off involved between the participants. The states and the federal government bargain for a benefit that each wants the other party to pay for, and in the end, they reach a compromise. The side that has gained an advantage over the other in terms of power has changed back and forth over the years. In the end, federalism accommodates the differences between the two and is responsible for this nation staying together. |
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Slide 7 |
Interaction There will be a drag and drop interaction where students describe aspects of federalism. Then there will be a tabbed interaction about the case McCulloch versus Maryland. |
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Slide 8 |
Amanda and Dr. Ryan back in Dr. Ryan’s office.
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Dr. Ryan: Nice lesson today, Amanda. We’ve covered a lot of important topics about federalism, including the division between state and federal governments. Next week we’re going to take a much closer look at the impact that the media has on public opinion. Make sure to participate in this week’s discussions on civil right and liberties. I’m very impressed with your progress, Amanda. Take care for now. We will get together again later.
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