Presentation on theme: "National and State Sovereignty FEDERALISM. National legislation enacted in 2003; requires states to test their students as a condition of federal aid."— Presentation transcript:
National legislation enacted in 2003; requires states to test their students as a condition of federal aid Supporters argue NCLB helps improve schools and hold them accountable for student performance Opponents claim it undermines the mission of schools by forcing teachers to teach to the test As some parts of NCLB are thinly funded, states like Utah have refused to carry out parts of the law that increase the financial burden on the states Do you believe NCLB creates too much intrusion in the field of public education, which has traditionally been overseen by the state and local governments? CASE STUDY: NO CHILD LEFT BEHIND
Some delegates to the Constitutional Convention were vehemently opposed to creating a stronger national government Patrick Henry “smelled a rat” and wondered “Who authorized them to speak the language of We, the People, instead of We, the States?” Under the Articles of Confederation – There was a weak national government with no power to force the states to comply with national laws A government of the people would compel them to obey national laws for fear of consequences. The Framers wanted to strengthen the national government but still preserve the states BACK TO PHILADELPHIA...
Contemporary governments has been unitary systems National government holds all the power (sovereignty) The Articles of Confederation had created a confederacy State governments are sovereign and grants authority to the national government. LET’S TRY SOMETHING COMPLETELY NEW... FEDERALISM Division of power between the national and state government Each level of government has sovereign power Allows the states to have the power to address local issues (i.e. public education) Allows the national government the power to decide matters of a national scope (i.e. national defense) NEED FOR CHANGE
ARGUMENT FOR FEDERALISM: PROTECTING LIBERTY People could shift their loyalties back and forth between the national and state governments in order to keep each under control “If the people’s rights are invaded by either they can make use of the other as the instrument of redress.” Alexander Hamilton; Federalist #28
ARGUMENT FOR FEDERALISM: MODERATING THE POWER OF GOVERNMENT Anti-Federalists argued a national government could not protect the interests of the people as well as the states. Cited Montesquieu’s support of small republics over large ones. Madison contended in Federalist #10 that a government with dominant states would give rise to factions that would use their strength to advance its interests. “Extend the sphere and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens.” James Madison
ARGUMENT FOR FEDERALISM: STRENGTHENING THE UNION Under the Articles of Confederation the national government had neither the power to tax nor the power to regulate commerce FATAL FLAWS Congress was expected to maintain national defense but could not compel the states to pay taxes. Congress also could not interfere with the states’ commerce policies.
FEDERALISM & THE FOUNDING Federalism and separation of powers would allow for the greatest protection of personal liberty Too much power concentrated in one set of hands could lead to tyranny Too many hands with too much power could lead to chaos In the “federal republic” the national and state governments would have certain powers, but neither would have supreme authority over the other
HAMILTONIAN VIEW OF FEDERALISM Alexander Hamilton believed that the national government should be superior to the states Hamilton believed that developing a national economy and conducting foreign policy were paramount issues at the time
JEFFERSONIAN VIEW OF FEDERALISM Thomas Jefferson believed the national government was a product of an agreement among the states and therefore the states should be supreme Greatest threat to personal freedom would come from the national government
POWERS OF THE NATION Enumerated powers – seventeen powers granted to the national government under Article I, Section 8 Includes power to create a national currency, regulate interstate commerce Implied powers – constitutional authority to take action that is not expressly authorized by the Constitution Necessary & proper (or elastic) clause (Article 1, Section 8; clause 18) Allows Congress to expand its powers to meet the needs of the nation
THE STATES & THE CONSTITUTION Restrictions on States’ Powers (Article 1, Section 10) States cannot wage war, print money, enter into treaties with other nations, etc. Supremacy Clause – national law is supreme over state law when the national government is acting within its limits (Article 6) Tenth Amendment Powers not delegated to the national government nor prohibited by it to the States, are reserved to the States. Established reserved powers as state powers