Download presentation
Presentation is loading. Please wait.
1
Government Structure and Federalism
2
Major Types of Government
Where is the power? Unitary Confederation Federal
3
Structure of Federalism
Federalism contrasted to unitary and confederal key is direction in which authority flows actual distribution of power varies unitary governments authority rests with national government lower levels granted power by national most governments, e.g. Britain, unitary relationship in U.S. between state and local is unitary (i.e. local government powers granted by state) confederal authority rests w/ subnational government (e.g. state or province) subnational grants powers to national rare, but one example is Articles of Confederation Federal national and state governments derive separate powers from the Constitution, not from each other this is a constitutional separation, i.e. it cannot be formally changed through ordinary legislative process of either states or national government
5
Federalism Division of power between national and state governments.
Expressed Powers Enumerated Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers
6
Article I, Section 8 Article I, Section 8, Clause 18 “necessary and proper clause”
8
NOVEMBER 17TH QUIZ – POP QUIZ SHEET CONTINUE TO UNDERSTAND FEDERALISM
10 QUESTIONS WORTH 20 POINTS CONTINUE TO UNDERSTAND FEDERALISM
10
“relationship”
11
Federalism Articles in Constitution Amendments to the Constitution
Legislation Court Cases State Law vs. Federal Law Society Presidency Congress State Governors/State Legislatures Political Parties Politics Economic Events Social Events
12
Structure of Federalism
Federalism contrasted to unitary and confederal key is direction in which authority flows actual distribution of power varies unitary governments authority rests with national government lower levels granted power by national most governments, e.g. Britain, unitary relationship in U.S. between state and local is unitary (i.e. local government powers granted by state) confederal authority rests w/ subnational government (e.g. state or province) subnational grants powers to national rare, but one example is Articles of Confederation Federal national and state governments derive separate powers from the Constitution, not from each other this is a constitutional separation, i.e. it cannot be formally changed through ordinary legislative process of either states or national government
13
History of Federalism Federalists Anti-Federalists
A slight disagreement over what?
14
History of Federalism Federalists Anti-Federalists RATIFICATION OF
15
RATIFICATION OF CONSTITUTION
FEDERALISTS ANTI-FEDERALISTS
17
Federalism Division of power between national and state governments.
Expressed Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Denied Powers
18
Is the word Federalism written in the Constitution?
Page 760
19
FEDERALISM
20
List the Articles and Amendments in Constitution that deal with Federalism
Page 760
21
Powers granted and denied
Article I, Article II, Article III, Article IV, Article V, Article VI, and Article VII Article I Section 8 Article I Section 8 Clause 18 Article I Section 9 Article I Section 10 Amendments 1,3,4,5,6,7,8,9,10,13,14,15,16,19,21,24,26
22
November 21, 2011 Federalism Continued
Powers of each Level of Government Federal Government Limited or Unlimited Powers General Welfare Commerce Clause
24
FEDERALISM
25
What does the “C” do?
26
Powers granted and denied
Article I, Article II, Article III, Article IV, Article V, Article VI, and Article VII Article I Section 8 Article I Section 8 Clause 18 Article I Section 9 Article I Section 10 Amendments 1,3,4,5,6,7,8,9,10,13,14,15,16,19,21,24,26
27
Exclusive Powers of the National Government
Under the Constitution, powers of the national government include: Print money (bills and coins) Declare war Establish an army and navy Enter into treaties with foreign governments Regulate commerce between states and international trade Establish post offices and issue postage Make laws necessary to enforce the Constitution
28
Exclusive Powers of State Governments
Powers reserved to state governments include: Establish local governments Issue licenses (driver, hunting, marriage, etc.) Regulate intrastate (within the state) commerce Conduct elections Ratify amendments to the U.S. Constitution Provide for public health and safety
29
Powers Shared by National and State Government
Shared, or "concurrent" powers include: Setting up courts Creating and collecting taxes Building highways Borrowing money Making and enforcing laws Chartering banks and corporations Spending money for the betterment of the general welfare Taking (condemning) private property with just compensation
30
Neither National nor State Governments may
Permit slavery 13th Deny citizens the right to vote due to race, color, or previous servitude 15th Deny citizen the right to vote because of gender 19th
31
We The People Are these specific expressed powers? Implied Powers?
Roads Schools Clean air Safe transportation Safe food Prisons Parks Health care Housing Unemployment Benefits Clean energy at a low price National Defense Welfare Social Security benefits Are these specific expressed powers? Implied Powers? Where does Congress get the power to carry out these services?
32
Collect money Income tax Payroll tax Corporate tax Excise tax
Tariffs from 1790 to 1913 Income Tax 1913 with the 16th Amendment
34
Spend it
35
November 22, 2011
37
Article I Section 8 Clause 1
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
38
We The People Are these specific expressed powers? Implied Powers?
Roads Schools Clean air Safe transportation Safe food Prisons Parks Health care Housing Unemployment Benefits Clean energy at a low price National Defense Welfare Social Security benefits Are these specific expressed powers? Implied Powers? Where does Congress get the power to carry out these services?
39
General Welfare 1. What does this General Welfare mean?
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
40
“promote the general welfare” “provide for the general welfare” What does it really mean?
41
“promote the general welfare” “provide for the general welfare”
Federal Aid, Federal Benefits, or Federal Funds Directly assists or benefits the American Public Education Health Public safety Public welfare Public works
42
“promote the general welfare”
44
Super-Committee NEXT SLIDE – Video clip 3 minutes
46
Commerce Clause Article I, Section 8, Clause 3
“ [The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes; ”
47
Relationship Changes - History
48
Not just understanding the Constitutional Powers but the Influences too.
Politics Political Parties Political Ideologies Social needs Economic needs Congress President Courts Individual liberty States
49
Is one level of government better equipped to deal with certain problems, concerns, needs or issues?
50
Commerce Clause Article I, Section 8, Clause 3
“ [The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes; ”
51
Article I Section 8 Clause 3– Commerce Clause and the Role of the Judicial Branch
1787 – 1930 minimal involvement of National Government 1930 – 1990– broad interpretation and expansive powers of National Government 1990’s to present – Supreme Court reduces the power of Congress when it comes to the use of the commerce clause
52
Examples of “commerce clause”
C-span clips
54
Videos – Federalism Folder
1. Federal Wolves at the Door 2. Using Federal Dollars To "Buy" Interstate Highway Safety 3. When Welfare Depends on Where You Live
57
2009
58
Relationship Changes - History
Social and Economic reasons
59
December 9, 2011
62
Fracking
63
Utica Shale Area
64
Problems or Issues in Society
65
Fracking
66
Problems in Society Is one level of government better equipped to deal with certain problems?
1. Choose a Problem or Issue 2. What level of government should be the primary problem solver for this issue? 3. Should the government not play a role in solving this problem?
68
Article I Section 8 Clause 3
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
69
Article I Section 8 – Commerce Clause
1787 – 1930 minimal involvement of National Government 1930 – present – broad interpretation and expansive powers of National Government
70
Relationship Changes - History
Social and Economic reasons
71
ARTICLE IV Section 4 - Republican government
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
73
The Major Disaster Process
74
Federalism Division of power between national and states.
Relationships form and exist and change $
75
Politics of Federalism
Policies of President and Congress impact this relationship. Social and Economic Conditions
76
The Politics of Federalism
1. Dual Federalism “layered cake” 2. Cooperative Federalism “marble cake” 3. New Federalism “on your own federalism”
77
The Politics of Federalism
Dual federalism – co-equals Dominant until 1930s States and national government had distinct, separate realms Cooperative federalism – elastic clause States and national government cooperate Often, national government funds, while states implement Regulatory federalism National government sets conditions for funding and thus regulates state actions Unpopular with states – mandates – money dries up What kind of federalism? (pick an adjective) Dual federalism Dominant until 1930s States and national government had distinct, separate realms (depending on functions) Cooperative federalism States and national government cooperate many problems require coordination, cooperation across state lines Often, national government funds, while states implement cf. emergence of Aid to Families with Dependent Children out of welfare funding crisis at state and local level Regulatory federalism National government sets conditions for funding and thus regulates state actions e.g. lower speed limits and higher drinking age accomplished by adding strings to federal highway funds Unpopular with states federal funding builds organized constituencies in states, which expect programs to continue even after federal funding dries up “unfunded mandates” “New” federalism, devolution, states’ rights
79
We The People Roads Schools Clean air Safe transportation Safe food
Prisons Parks Health care Housing Unemployment Benefits Clean energy at a low price National Defense Welfare Social Security benefits
80
Collect money Income tax Payroll tax Corporate tax Excise tax
Tariffs from 1790 to 1913 Income Tax 1913 with the 16th Amendment
82
“promote the general welfare”
84
“promote the general welfare”
85
Spend it
86
“promote the general welfare”
Federal Aid, Federal Benefits, or Federal Funds Directly assists or benefits the American Public Education Health Public safety Public welfare Public works
87
Federal Student Aid
90
Grants-In-Aid Makes up 25% of all State and Local government spending.
What does this mean? Power and influence of Fed in State and Local (blurs the division of powers)
91
Funding Federalism - Federal Grants
Categorical Money appropriated for specific purposes (strings attached) School lunches, airport construction and wastewater treatment plants Project Local governments and organizations write grant proposals (application) Block grants Broad purposes, e.g. economic development, social services and health care (less strings attached) Revenue Sharing States get proportional “share” of taxes collected by federal government to spend on any purpose
92
Revenue back to States
93
Politics 1970’s Balance of Payments
Paying more in taxes than it was receiving in federal spending.
94
Federal Revenue Returns to the States
95
State budget Crises (Panic) and Federalism
96
How do you “FIX IT”?
102
1. Where would you find the “necessary and proper clause”?
Article I, Section 8, Clause 18
103
2. The “necessary and proper clause” is also called the ______ ________.
Elastic clause
104
3. Federal Powers are called? (5)
Delegated Expressed Enumerated Implied Inherent
105
4. State powers are called?
Reserved powers
106
5. Where would you find those state powers?
10th amendment
107
6. Where would you find the powers of congress?
Article I, Section 8
114
Matching 16th Reserved powers Expressed powers Implied powers
Inherent powers Delegated powers Necessary and proper clause Article VI/Supremacy Clause Social and Economic conditions Grants-in-aid programs Dual federalism Cooperative Federalism Block Grants Article V
115
Multiple Choice, Completion, and Short response
1970s tracking of money Colleges and Universities may charge higher tuition Concurrent powers Enabling act directs territory to do what States honoring legality of other state Extradition Obligation of NG to States Revenue sharing advantage Basic characteristic of Federalism McCulloch v Maryland ruling based on Without expressed powers there would be no Framers included supremacy clause because States receive grants in aid and NG gains Fed to make grants in aid comes from what expressed power Monies to help fund school lunch programs is an example of what federalism Federalists and Anti-Federalists
116
http://www. cnn. com/2011/11/14/politics/health-care/index. html
117
Federalism Division of power between national and state governments.
Expressed Powers Enumerated Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers
118
20 Point Quiz POP Quiz Sheet 2nd Quiz
119
Question 1 The failed system of government that the United States tried during and following the American Revolutionary War. Federalism Confederation Expressed Powers Enumerated Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8 Clause 18
120
Question 2 is system of government in which a written constitution divides the powers of a government on a territorial basis between a central, or national, government and several regional governments, usually called states or provinces. Federalism Confederation Expressed Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8 Clause 18
121
Question 3 Implied, expressed, and inherent powers are ______________ granted to the National Government in the Constitution. Federalism Confederation Expressed Powers Enumerated Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8 Clause 18
122
Question 4 Are not expressly stated in the Constitution but are reasonably suggested by the expressed powers Federalism Confederation Expressed Powers Enumerated Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8 Clause 18
123
Question 5 are delegated to the National Government in so many words…. Spelled out in the Constitution (27 to Congress) Federalism Confederation Enumerated Powers Expressed Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8 Clause 18
124
Question 6 belong to the National Government because it is the national government of a sovereign state in the world community. Federalism Confederation Expressed Powers Enumerated Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8 Clause 18
125
Question 7 Are those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States (10th Amendment) Federalism Confederation Expressed Powers Enumerated Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8 Clause 18
126
Question 8 Are those powers that both the national Government and the
Federalism Confederation Expressed Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8 Clause 18 Question 8 Are those powers that both the national Government and the States possess and exercise.
127
where would you find these three words “necessary and proper”
Question 9 where would you find these three words “necessary and proper” Federalism Confederation Expressed Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8 Clause 18
128
Question 10 What does the “C” represent?
129
Structure of Federalism
Federalism contrasted to unitary and confederal key is direction in which authority flows actual distribution of power varies unitary governments authority rests with national government lower levels granted power by national most governments, e.g. Britain, unitary relationship in U.S. between state and local is unitary (i.e. local government powers granted by state) confederal authority rests w/ subnational government (e.g. state or province) subnational grants powers to national rare, but one example is Articles of Confederation Federal national and state governments derive separate powers from the Constitution, not from each other this is a constitutional separation, i.e. it cannot be formally changed through ordinary legislative process of either states or national government
Similar presentations
