Presentation on theme: "FEDERALISM. Federalism The division of power between the National and State levels of government NATIONAL GOVERNMENT STATE GOVERNMENT STATE CHARTERS."— Presentation transcript:
Federalism The division of power between the National and State levels of government NATIONAL GOVERNMENT STATE GOVERNMENT STATE CHARTERS
In a Federal System: there are at least two levels of government that can make decisions independent of each other the levels of government have a protected right to exist United States, Canada, Australia, India, Germany, and Switzerland
In a Federal System: The sub national (state) governments exist partly by Constitution by habits, preferences, and dispositions of citizens Actual distribution of political power in society
Federalism The single most cause of distention between states and national government Usual argument is whether the national government has the right to impose rule on the states or if the states should decide
Other Types of Government Unitary- One level of government with local branches that may be altered or abolished such as Great Britain, Japan, Italy, and France
Federalism Since the 104 th Congress it has been the national goal to shift responsibility back to states. Known as Devolution Today called devolution revolution
Woodrow Wilson “the cardinal question of our Constitutional system” is the continuously changing relationship of the national and state governments. Today- The states are to take on more of the domestic government in the devolution revolution- do Americans want this?
State Run Programs Federal funds and regulations with state implementation occurs in these areas: Welfare programs Interstate highway system Urban renewal programs Employment and unemployment agencies Water and air programs National guard
Federalism: good or bad? Laski: Federalism impedes progress of the nation for sectionalism Riker: Federalism perpetuates racism Elazar: Federalism allows for growth and change and gives flexibility to the system Book: federalism allows individuals to take part and have ownership
The Founders A Federal republic with both national and state having separate and independent powers. Both equal in power Never before done- no clear plan 10 th amendment gives power to the states but is not clear Constitution article 1 section 10 only states what the states cannot do.
Founders 10 th amendment gives power to the states but is not clear Constitution; Article 1, section 10 only states what the states cannot do.
The Elastic Clause Interstate commerce was a provision of the national government. Defining what was interstate and intrastate commerce was not possible The elastic clause- that Congress could make all laws necessary and proper to carry out their given duties is known as the necessary and proper clause.
Nullification Madison and Jefferson first introduced the doctrine of nullification in response to the alien and sedition acts. John C. Calhoun used their arguments to oppose a tariff and later attempts to restrict slavery. Doctrine of nullification used by the South to secede
DUEL FEDERALISM National government supreme in it’s area States supreme in their areas The two should not mix. Supreme Court could not decide on commerce question
State Sovereignty U.S. V. Lopez- Congress went to far in banning guns in school zones U.S. v. Morrison- the 1994 Violence against women Act is unconstitutional.-local issue Printz v. U.S.- Federal government cannot require the states to carry out their regulatory program
State Sovereignty Alden v. Maine- state employees cannot sue to require states to follow federal fair-labor laws Fed. Maritime Commission v. S. C. Port Authority- expanded state immunity to lawsuits
State Sovereignty Initiative- voters demand through petition for an issue to be placed on the ballot and voted on by the general public. Referendum- the legislature places the issue before the public for them to decide Recall- voters remove an elected official by asking for a new election
Federal-state relations Grant-in-aid Land grants For college Canals and roads Flood control projects Cash grants- intergovernmental lobby Federal money State run programs
Appeal of Grant –in -aid Surplus money 16 th amendment income tax Government controlled money supply Politics- state governors could denounce federal spending while using federal funds. All states get funding for the same things Ex: homeland security equipment
Categorical grants Federal aid for a specific purpose Shift is to revenue sharing and block grants Revenue sharing- both fed and state put up percentages of the cost of a project
Block grants Block Grants: several categorical grant programs in one grant with fewer restrictions More state power and control Few are given
Grants in Aid Terms are set by the national government for the use of their fund called conditions of aid The Fed. Government also has mandates Conditions states must follow even if they do not get or use the grant money Read and understand the section on mandates and conditions of aid.
Devolution Block Grant Money from the National government to the states Used for certain programs Used by state discretion Broad Federal guidelines set by Congress or Federal Agencies