Presentation on theme: "Chapter Four Federalism"— Presentation transcript:
1 Chapter Four Federalism Instructor: Kevin SextonCourse: U.S. Political SystemsSoutheast Missouri State University
2 What is sovereignty? & Who has it? Sovereignty: who has ULTIMATE AUTHORITY.In this class we will discuss GOVERNMENTAL SOVEREIGNTY.which government has the ultimate authority overa specific geographic region or area.To better understand the concept lets look at the three mostcommon forms of governmental structures found in the world:UnitaryConfederationFederal
3 Unitary Government Unitary Form of Government: Sovereignty rests with one central government.The central government has the authority to create and disbandall other levels of government.Most common of the three forms of government.Great Britain and France are examples of this form.There are local governments in Great Britain and France,but they act primarily as administrative arms of thenational/central government.In addition, they receive their legitimacy, or right to existfrom the national/central government.
4 Confederation Confederation Form of Government: Sovereignty rests with each individual member of the group.National/central government receives its power or authorityfrom the group of individual members.United States under Articles were an example of this.Southern States during the Civil War were another example.Many other examples of this type of relationship.European UnionO.P.E.C.A.F.L.C.I.OSEMO’s Greek Council
5 Federalism Federal Form of Government: Sovereignty is shared between a national/central governmentand other levels of government (State Governments).The United States and Germany are examples of this form ofgovernment.Least common of the three forms of government.Sovereignty over the same geographic regions is shared bymore than one governmental unit.
6 Shared Sovereignty & & & Here are SOME of the governments that have sovereignty and/or powerover you If you live in Cape Girardeau, Missouri:&&United States GovtCape Girardeau CountyGovtMissouri State Govt&City of Cape GirardeauCape Girardeau Public School DistrictLevee DistrictWater and Sewer DistrictFire DistrictPLUS OTHERS
7 Federalism & Democracy Federalism strengthens America’s democratic ideals by:Allowing many levels for issues to be addressed.Allowing many levels for individuals to be involved the political process.Allowing many level for varying opinions and values to be expressed, and represented. (In elected bodies)Paradoxically, Federalism has also been a large part of why we continued to have racial discrimination well into the 1970s.What do you do when the local opinions and valuesSupport discrimination?i.e. – voting laws, Jim Crow laws,…….
8 State & National Governments The State and National (federal) governments are thetwo major levels of government that we will focus on thissemester.Why not include local governments in our study:Dillion’s Rule states that local governments are the creationof states, and that state legislatures can create, alter or abolish themat their discretion.
9 Federalism in the United States In the United States there are actually51 different major governments.One Federal Government&Fifty State GovernmentsEach of one us, regardless of where we live arerepresented by elected officials, at both theFederal and State Level.SIMULTANEOUSLY
10 How People Are Represented in a Federal Form of Government Since each level of government (federal & state) issovereign each has its own rules and regulations (laws)and each has individuals that are elected to createand manage those laws.&You have individuals elected at each level torepresent you, at that level of government.The Elected Officials Assignment is designed to ensureyou are aware of the organizations (state and national legislatures)in which you have people that represent you at eachlevel of government, and who those people are.
11 National Representation Each American citizen has people elected/appointed to represent them in the national government, These people represent their constituents in Washington, D.C.They represent their constituents on Federal Issues.They Do not have the authority to tell states what to do on state and local issues.President(Executive Branch)Legislative branchU.S. Senate (2 from each state)U.S. House of Representatives (9 from Missouri)Judicial BranchU.S. Supreme Court
12 State RepresentationEach state citizen has people elected/appointed to represent them in the stateGovernment. These people represent their constituents in their state capital (Jeff City).Executive BranchGovernorLegislative BranchA State Senate&A State House of RepresentativesAll states, except Nebraska, have bi-cameral legislatureJudicial BranchState Supreme CourtThey represent their constituents on state issues.They do not have the authority to tell the federal government what to do onfederal issues, even if they take place within their state.
13 Shared Power Federalism is based on the concept of SHARED POWER. Anytime you share ANYTHING there must be rules and definitionsthat outline how the item will be shared.i.e. shared custody of a childOur political system has rules that define how power will be sharedbetween the various levels of government.WHERE DO WE FIND THOSE RULES?U.S. ConstitutionSupreme Court DecisionsHave been needed to clarify some issues.
14 U.S. Constitution and Federalism Article VI, Paragraph 2 of the United States Constitution isknown as the Supremacy Clause:"This Constitution, and the laws of the United States which shall be made in Pursuancethereof; and all Treaties made, or which shall be made, under the authority of the UnitedStates, shall be Supreme Law of the land; and the Judges in every state shall be boundthereby, any thing in the Constitution or Laws of any state to thecontrary notwithstanding.“In short it states that:The U.S. Constitution will the SUPREME LAW of the land&Federal Laws will take precedence over State Laws
15 Supremacy Clause This does not mean that the Federal government is always supreme.The Federal government is only supreme on issuesthat the Federal government has authority orwhen the State and Federal governments share power.If the Federal government does not have the power to regulatean issue, then the state will be supreme.In short:When a State and Federal law conflict with each otherThe Federal law will be supreme.
16 U.S. Constitution and Federalism (CONTINUED) Article I, Section 8, Clause 3 of the U.S. Constitution is knownas the Commerce Clause:"To regulate Commerce with foreign Nations, and among the several States,and with the Indian Tribes."There is no question that the Federal government has thepower to regulate INTERSTATE Commerce.But…..What is considered INTERSTATE COMMERECE.It has changed over the years.As the definition has changed the power of the Federalgovernment has grown.
17 Powers of the Federal and State Governments There are three basic types of powers dealt with inrelation to the U.S. Constitution:EnumeratedImpliedReservedHINT!!!YOU WILL SEE THESE AGAIN!!!(ON THE FIRST EXAM)TAKE GOOD NOTES ON THESE!!
18 Those specific powers of the U.S. Congress listed in the Enumerated PowersThose specific powers of the U.S. Congress listed in theU.S. Constitution.There are 18 specific powers of Congress listed.They include (but are not limited to):Coin MoneyDeclare WarTaxCreate and operate Post OfficesSEE THE HANDOUNT AVAILABLE ON THE COURSE WEBSITE
19 Implied Powers THE NECESSARY AND PROPER CLAUSE IMPLIED: To involve or indicate by inference, association, or necessary consequence rather than by direct statement.OR….Something that is assumed to exist, even though it is not expressly stated.There are a number of powers that the Congress have thatare not enumerated or expressly listed.Why then does Congress have those powers?THE NECESSARY AND PROPER CLAUSEThe 18th power on the list of ENUMERATED POWERS
20 THE NECESSARY AND PROPER CLAUSE “To make all Laws which shall be necessary and proper forcarrying into Execution the foregoing Powers, and all otherPowers vested by this Constitution in the Government ofthe United States, or in any Department or Officer thereof”Examples:Why, in the 1960s, could you burn and American flag,but not your draft card?McCullough v. Maryland (1818)Could the State of Maryland NULLIFY the federal law creatingA national bank?
21 Reserved Powers Tenth Amendment to the U.S. Constitution “The powers not delegated to the United States by theConstitution, nor prohibited by it to the states, are reservedto the states respectively, or to the people”.Examples of Reserved Powers1. Voting2. Education
22 Three Eras of Federalism in the U.S. The relationship between each level of government in the U.S. haschanged or evolved over the course of our history.The Evolution of U.S. Federalism Can Be Broken Down IntoThree Eras are:1. Dual Federalism(Layer Cake Federalism)2. Cooperative Federalism(Marble Cake Federalism)3. Fiscal Federalism(Modern Federalism)
23 Dual FederalismBoth Levels of government (nation and state) are completelysovereign within their own SPHERES of authority.Each level’s SPHERE OF AUTHORITY was determined,primarily by the U.S. Constitution as was discussed onthe previous slides.Federal Sphere of Authority18 Enumerated PowersFrom ratification ofThe ConstitutionUntil F.D.R.(Great Depression)State Sphere of Authority10th AmendmentVERY CLEARLINE BETWEENTHE TWOLEVELS
24 Cooperative Federalism Both levels of government continue to maintain sovereigntyOver many or most issues within theirSPHERES OF AUTHORITY.BUT…..They begin to work together on some issues that are ofInterest to both LEVELS.i.e. – Welfare of citizens during the Great DepressionMath and Science education after SputnikBegins with F.D.R. (Great Depression) and continues through World War II into present day.
25 Cooperative Federalism (Continued) MedicaidLocal Infrastructure NeedsEducationNo ClearLine BetweenTwo LevelsOf Gov’tBegins with F.D.R. (Great Depression) and continues through World War II into present day.
26 Fiscal Federalism $$$$$$$$$$$$ The STATE governments still maintain AUTHORITY overMany of the issues that had in the past, but the POWERover many of those issues have been transferredto the FEDERAL government.WHY HAS THIS TRANSFERE OF POWER TAKEN PLACE?$$$$$$$$$$$$It started in late 1930s, gained a lot of momentum and strengthin the 1960s and 1970s and we continue to be inthis era of federalism.
27 Federalism TodayMuch of the relationship between the state and federalgovernments today are influenced by money.It is how the federal government “got their foot in the door”of state issues, and it is how they keep pressure on thestates to do what they would like them to do.Examples:Helmet LawsBlood Alcohol LevelsAffirmative Action
28 Fiscal Federalism How Does It Work The Federal Government passes money on to theState and local governments through a systemKnown as GRANTS IN AID.Three Basic Types of Grants in Aid:Categorical GrantsBlock GrantsRevenue Sharing
29 Categorical Grants Used to address specific issues. Group Receiving the funds are limited on what they can use the funds for.Allows the federal government more control over how theFunds are used.Preferred method of grant in aid of the federal government. About 90% of all federal grants dollars.Example:AFDC in 1960s thru 1980s.Aid To Families With Dependent ChildrenProgram designed to help address poverty.Federal government gave funds to state, but they hadto be administered in very specific manner.
30 Block Grants Used to address general topic area. Group receiving funds are given much more flexibility in how they spend the funds.Federal government has given less control.Preferred method of grants for those conservatives favoring DEVOLUTION of more control back to the states.Examples:CSBG, CDBG, TANF, …….
31 Revenue Sharing Federal Government simply gives (shares) a certain percentage of the tax Revenue it gathers with each ofthe states.This was the least restrictive of the grants in aid. Themoney could be used For whatever the state wanted touse.It was a method created by conservative lawmakers(primarily Pres. Ford) in An attempt to DEVOLVE morepower back to the states.No longer used. Block Grants are the method now usedto DEVOLVE more Power back to the states.
32 Unfunded Mandates What are they? Rules and regulations created by the federal governmentCalling for state or local governments to do something,Without providing the funds to carry it out.i.e. – A.D.A.Why do the states stand for them?Fear that not doing this will cause them to lose money forThis program, or worse yet, other programs as well.EXAMPLE OF THE DIFFERENCE BETWEEN POWER AND AUTHORITY