1. BELLWORK 3/2/16 Write the following questions on your bellwork sheet: What is Federalism? What are the two types of Federalism? What type of Federalism do we currently live under? Crash Course: Federalism

3. MAIN IDEA—SECTION 1 Federalism divides the powers of the United States government between the National Government and the states

4. (1) that governmental power poses a threat to individual liberty, (2) that therefore the exercise of governmental power must be restrained, and (3) that to divide governmental power, as federalism does, is to curb it and so prevent its abuse. The Framers were dedicated to the concept of limited government. They were convinced

5. WHAT IS FEDERALISM? Federalism - is a system of government in which a written constitution divides the powers of government on a territorial basis between a central, or national, government and several regional governments, usually called states or provinces. Ex: the state of Florida has formal authority over its inhabitants, but the national government can also pass laws and establish policies that affect Floridians The Constitution provides for a division of powers, assigning certain powers to the National Government and certain powers to the States.

6. Government under U.S. Constitution (Federation): 1789 -

7. DEFINING FEDERALISM Federalism is not a common form of governing Only 11 of the 190 nations of the world have federal systems –Germany, Mexico, Argentina, Canada, Australia, India, and the United States Most nations have unitary systems, in which all the power resides in the central government

8. DEFINING FEDERALISM American states are unitary governments with respect to their local governments The local governments receive their authority from the states, which can create or abolish local governments and can make rules for them –Ex: what their speed limits will be, how they will be organized, how they can tax people, what they can spend money on States, in contrast, receive their authority not from the national government but directly from the constitution

9. INTERGOVERNMENTAL RELATIONS The workings of the federal system are sometimes called intergovernmental relations. That refers to all the interactions among national, state, and local governments –This includes: regulations, the transfer of funds, and the sharing of information

10. WHY IS FEDERALISM IMPORTANT? Federalism checks the growth of tyranny Federalism decentralizes our politics Federalism allows for more opportunities for political participation Federalism also enhances judicial power Judges serve as umpires to resolve disputes between the two levels of government

11. WHY IS FEDERALISM IMPORTANT? Federalism decentralizes policies The history of the federal system demonstrates the tension between states and the national government about policy—about who controls it and what it should be People debate whether the states or the national government should regulate abortion, set standards for public schools, determine speed limits on highways, protect the environment, provide health care for the poor, or tell 18 year-olds they cannot drink alcohol

12. Cons Increased costs because of duplication Slow, blocks progress Protects powerful local interests There is no guarantee that state governments are any more efficient than the national government.

13. Cons Diversity of state laws and procedures creates inequities –Death penalty in Texas, but not in Massachusetts –Immigration Law Unequal opportunities –Education –Medical Care –Social Services

14. WHO CONTROLS WHAT? Policies about health care, the economy, the environment, and other matters are subject to both the national government and the states The overlapping powers of the two levels of government mean that most public policy debates are also debates about federalism

15. STATE RESPONSIBILITIES States are responsible for most public policies dealing with social, family and moral issues –Ex: regulate drinking age, marriage and divorce, speed limits They become national issues when angry groups take their cases to Congress or the federal courts in an attempt to use the power of the national government to influence states or to convince federal courts to find a state’s policy unconstitutional –Ex: the federal requirement that states raise the drinking age to 21 in order to receive highway funds. MADD (Mothers Against Drunk Driving) lobbied Congress in 1980 to pass a law withholding federal highway funds from any state that did not raise its drinking age.

16. Federal Systems Advantages Disadvantages Permits diversity and diffusion of power Local governments can handle local problems better More access points for political participation Protects individual rights against concentrated government power Fosters experimentation and innovation Suits a large country with a diverse population Makes national unity difficult to achieve and maintain State governments may resist national policies May permit economic inequality and racial discrimination Law enforcement and justice are uneven Smaller units may lack expertise and money May promote local dominance by special interests

17. Section 2

18. THE DIVISION OF POWER The Constitution created a system of government in which power is shared between a central government and the state governments. Powers that belong only to the federal government. (coin money, declare war) Article I Delegated Powers Powers that are reserved to the states. (regulate licenses, public education, running elections) 10 th Amendment Reserved Powers Powers that the federal government and the state governments exercise at the same time. (taxation) Concurrent Powers

19. THE DIVISION OF POWER The states and the national government have overlapping responsibilities for important matters, such as: – maintaining law and order, protecting citizens health and safety, and regulating financial institutions. Article IV Article IV deals with the touchy question: In a dispute between the states and the national government, which prevails?

20. The Supremacy Clause (Article VI, Section 2) City and County Laws State Statues (laws) State Constitutions Acts of Congress United States Constitution The U.S. Constitution is the “Supreme Law of the Land.” If there is a conflict between a lower law and a higher one, the higher one “wins.”

21. Government Powers (Division of Powers) National Government State Government Powers Granted Powers Denied Delegated Powers Reserved Powers Concurrent Powers Expressed Implied Inherent 10 th Amendment Denied National Denied States Denied Both

22. ESTABLISHING NATIONAL SUPREMACY The National Government is a government of delegated powers, meaning that it only has those powers delegated (granted) to it in the Constitution. There are three types of delegated powers: The expressed powers are those found directly within the Constitution. The implied powers are not expressly stated in the Constitution, but are reasonably suggested, or implied by, the expressed powers. The inherent powers belong to the National Government because it is the government of a sovereign state within the world community. There are few inherent powers, with an example being the National Government’s ability to regulate immigration.

23. IMPLIED POWERS McCulloch v. Maryland (1819) - the case that first brought the issue of state versus national power before the Supreme Court. In this case, the Supreme Court ruled that national policies take precedence over state policies: Chief Justice John Marshall wrote that “the government of the United States, though limited in its power, is supreme within its sphere of action.” The Court also ruled that the Constitution gives Congress certain implied powers (based on the provision granting Congress the power to “make all laws necessary and proper for carrying into execution the foregoing powers”) that go beyond the enumerated powers that are specifically listed in Article I, Section 8.

24. DEFINING CONSTITUTIONAL POWERS The Supreme Court and the Role of Congress McCulloch v. Maryland © Bettmann /Corbis Chief Justice John Marshall: “Let the end be legitimate.” Affirmed that the power of Congress is not strictly limited to the expressed powers. Marshall held that Congress has implied powers to carry out the expressed powers. This case set the precedent for the national government to regulate a wide range of economic activities.

25. Spelled out in the Constitution (Article I, Section 18) Tax Coin money Regulate trade Declare war Grant patents Expressed Powers Not written in Constitution, but reasonably suggested (Article I, Sect.18 Clause 18) “necessary and proper” The Elastic Clause Build dams Highways & roads Determine crimes Implied Powers Not written in Constitution, but belong to national governments Regulate immigration Grant diplomatic recognition to nations Protect the nation Inherent Powers

26. Powers are denied to the National Government in three distinct ways: Some powers, such as the power to levy duties on exports or prohibit the freedom of religion, speech, press, or assembly, are expressly denied to the National Government in the Constitution. Also, some powers are denied to the National Government because the Constitution is silent on the issue. Finally, some powers are denied to the National Government because the federal system does not intend the National Government to carry out those functions.

27. THE STATES Powers Reserved to the States The 10th Amendment declares that the States are governments of reserved powers. The reserved powers are those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States. Powers Denied to the States Just as the Constitution denies many powers the National Government, it also denies many powers to the States. Powers denied to the States are denied in much the same way that powers are denied to the National Government; both expressly and inherently.

28. Government Powers (Division of Powers) State Government Powers Granted Reserved Powers 10 th Amendment Reserved Powers: 10 th Amendment Not granted to Federal, but not denied to states. Legal marriage age Drinking age Professional license The power of the state to protect and promote public health, the public morals, the public safety, and the general welfare.

29. Government Powers (Division of Powers) State Government Denied States: Constitution denies certain powers to state, because they are NOT a federal government. Make treaties Print money Deny rights to citizens Denied States Powers Denied

30. EXCLUSIVE AND CONCURRENT POWERS Exclusive Powers Powers that can be exercised by the National Government alone are known as the exclusive powers. Examples: National Government’s power to coin money to make treaties with foreign states to lay duties (taxes) on imports. Concurrent Powers The concurrent powers are those powers that both the National Government and the States possess and exercise. Examples: the power to levy and collect taxes to define crimes and set punishments for them to claim private property for public use.

31. The federal system determines the way that powers are divided and shared between the National and State governments. The Division of Power

32. Commerce Power Gibbons v. Ogden (1824) defined commerce very broadly to encompass virtually every form of commercial activity. Today, commerce covers not only the movement of goods, but also radio signals, electricity, telephone messages, the Internet, insurance transactions, and much more In 1964, when Congress prohibited racial discrimination in places of public accommodation such as restaurants, hotels, and movie theaters, it did so on the basis of its power to regulate interstate commerce

33. The power to regulate interstate commerce allowed Congress to forbid discrimination like this in places of public accommodation in the 1964 Civil Rights Act.

34. ESTABLISHING NATIONAL SUPREMACY The civil rights movement - the policy issue was equality. In 1954, the Supreme Court held that school segregation was unconstitutional (Brown v. Board of Education). The conflict between states and the national government over equality issues was decided in favor of the national government: throughout the 1960s, the federal government enacted laws and policies to end segregation in schools, housing, public accommodations, voting, and jobs. Example: Little Rock Nine

35. STATES’ OBLIGATIONS TO EACH OTHER Federalism involves more than the relationships between the national government and state and local governments: Article IV of the Constitution outlines certain obligations that each state has to every other state. Article IV, Section I of Constitution requires each state to recognize the public acts, records, and judicial proceedings of all other states. Example: Marriage licenses Full Faith and Credit Article IV, Section II of Constitution requires a state to surrender a person charged with a crime to the state in which the crime is alleged to have been committed. Extradition Article IV, Section II of Constitution requires states to give citizens of each state the privileges of citizens of other states. Privileges and Immunities

36. INTERGOVERNME NTAL RELATIONS TODAY ERAS OF FEDERALISM SECTION 3

37. Federalism has evolved over the course of American history. At different points in time, the balance and boundaries between the national government and state government have changed substantially. There are three distinct periods in the evolution of federalism: Dual Federalism (1789 – 1945) Cooperative Federalism (1945-1969) New Federalism (1969 – Present) Federalism

38. Dual Federalism – Layer Cake There are two distinct and separate levels of government. The federal government deals only with national issues (defense, foreign policy, commerce, mail) The state governments deal with local matters (economic regulation, criminal law, services) Each level of government is supreme in its own sphere and the two should be kept separate (like the layers of a cake). They worked independently from one another and did not interfere with the inner-workings of the other.

39. Cooperative Federalism – Marble Cake Over the past 60 years federal and state authority have become more intertwined. State and local governments now administer many federal programs. (head start, Medicare and Medicaid) States depend on federal funds to support their own programs.

40. New Federalism - Cupcakes Since the early 1970’s (Nixon Era) some have argued that the federal government has grown too powerful and that power should be given back to the states. Although there is disagreement on the details, most support the general principle of giving power to the states.

41. Devolution Process in which states are given power and responsibility for some programs initiated by the federal government. Aid to Families with Dependent Children (AFDC) is funded by the federal government but the states have the power to decide exactly how to distribute the benefits in their states. This idea is championed most by conservatives who rail against “big government”. Ronald Reagan Era (1980’s)- the trend of moving more power back in the hands of the states and removing many of the grants by the federal government (Devolution).

42. HURRICANE KATRINA (PAGE 65)

43. HURRICANE KATRINA: A TEACHABLE MOMENT Consider the following ideas: 1.What does the failure of government during Katrina tell us about the “pitfalls” or “unintended consequences” of Federalism as a government system? 2.Why is it important that government officials and policymakers come up with a common interpretation of how to apply Federalism? 3.Why is “dual federalism” an issue when there are “gray areas” in authority? Video: ABC News Report Reading: How the New Federalism Failed Katrina Victims

44. Federalism in Practice Money plays a key role in the federal government’s relationship to the states. Since the Great Depression and the New Deal states have come to rely even more on this money and the federal government relies on states to administer its programs. This practice is called fiscal federalism.

45. GRANTS Grants-in-aid: money given by the national government to the states for a particular purpose. Categorical Grants: grants of money that can only be used for specific purposes or “categories.” -Disaster relief, airport construction -Usually requires some amount of matching from local governments -Gives Congress a lot of power over states Block Grants: grants of money given for broad or general purposes which gives states more power in deciding how the money is used (fewer strings attached). -Welfare, Medicaid, Community Development Conditions of aid: Terms set by the national government that states must meet if they are to receive certain federal funds. - “Strings attached”

46. TYPES OF FEDERAL GRANTS In 1996 there was a shift from categorical grants to block grants 2 types of categorical grants: Formula grants Project grants Block grants Far more flexible Purposes of Federal Grants to State and Local Governments 2007 in billions $95 $216.5 $57.9 $51.5

48. Strings Attached Refers to the tactics used by the federal government to compel the states to follow its policies and guidelines. Applying Pressure: Threats to withhold funds from disobedient states (drinking age fight in mid-1980’s). Mandates: Federal government (Congress) orders states to take certain actions (obey laws). If states don’t take those actions they don’t receive funding. Unfunded Mandates: Congress orders states to take certain actions (obey laws) but provides no funding (Americans with Disabilities Act). Preemption: Because of the Supremacy Clause federal laws take priority over state laws. The national government can override state laws if there is a compelling national interest.

49. THE MANDATE BLUES Federal Mandates: demands on states to carry out certain policies whether or not they accept federal grants. - Clean Air Act 1970, enacting civil rights legislation, No Child Left Behind

50. Pro’s and Con’s of Federalism Pro’s: Fosters state loyalties: Because states have powers all their own citizens feel closely connected to their states. Practices Pragmatism: Each state is unique and state and local government can more efficiently respond to unique local issues. Laboratories of Democracy: State governments can experiment with policies and other states and the federal government can learn from their success and failures.

51. Pro’s and Con’s of Federalism Pro’s: Political Stability: By removing the federal government from some contentious policy areas federalism allows the government to achieve and maintain stability. Encourages pluralism: Allows citizens multiple points of access and influence in government (local, state, national). Ensures separation of powers and prevents tyranny: Even if one person or group (faction) took control of all three branches of the federal government federalism ensures that state governments would still function independently (Federalist #10 and Federalist #51).

52. Pro’s and Con’s of Federalism Con’s: Prevents creation of national policy: The United States often doesn’t have a single policy on issues; it often has 51 policies. (marijuana, gay marriage) Leads to a lack of accountability: The overlap of responsibilities makes it hard to assign blame or find the roots of failure in policies. Citizen Ignorance: Since most Americans know very little about their state and local governments and turnout in these elections is typically less than 25%, citizens often ignore the level of government that has the greatest ability to affect their lives.