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Chapter 4 Dual Federalism and Cooperative Federalism.

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Presentation on theme: "Chapter 4 Dual Federalism and Cooperative Federalism."— Presentation transcript:

1 Chapter 4 Dual Federalism and Cooperative Federalism

2 Federalism federal government - The delegates who met in Philadelphia wrote a new constitution and invented a new political form- federal government -that combined the features of a confederacy with features of a unitary government Citizens feared that without the federal system, majorities with different interests and values from different regions would rule them totally. So the federal system offered a solution and allows diversity from the state layer of govt.

3 Roots of the Federal System The Framers worked to create a political system that was halfway between the failed confederation of the Articles of Confederation and the tyrannical unitary system of Great Britain. 3 major arguments for federalism 3 major arguments for federalism are: 1. the prevention of tyranny; 2. the provision for increased participation in politics; 3. and the use of the states as testing grounds or laboratories for new policies and programs.

4 From the Federalist Papers … Federalist #28 If their rights are invaded by either, they can make use of the other as an instrument of redress. (Hamilton) People may shift support between the two powers as needed, in order to keep the two in balance. Federalist #45 The powers delegated, by the proposed constitution, the federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite. (Madison) Federalist #46 Both state and federal governments are in fact but different agents and trustees of the people, constituted with different powers. (Madison)

5 which layer of government should regulate the following issues? And why? In pairs, discuss and list the pros/cons of which layer of government should regulate the following issues? And why? Education Standards Education Standards Marriage Licensure Marriage Licensure Minimum Drinking Age Minimum Drinking Age Physician-assisted suicide Physician-assisted suicide Abortion Abortion Medical Marijuana Medical Marijuana Death Penalty, Death Penalty, Minimum Wage Minimum Wage Auto Emission Standards Auto Emission Standards

6 Federalism Unity without Uniformity Unity without Uniformity National politicians do not have to iron out every difference on every issue that divides us. Issues are debated in state legislatures, county courthouses, and city halls.

7 Federalism Federalism is the division of power between a central government and regional governments (states) Two or more governments exercise power and authority over the same people and the same territory. federalism 2 perspectives of federalism have emerged: (1) Dual Federalism (2) Cooperative Federalism (2) Cooperative Federalism

8 Dual Federalism (layer-cake federalism) Dual Federalism (layer-cake federalism) is a view that holds the Constitution is a compact among sovereign states, so that the powers of the national governments and the states are clearly differentiated.

9 Dual Federalism Concepts national government rules by enumerated powersonly!! The national government rules by enumerated powers only!! (i.e., Art 1 Sec 8) national government has a limited set of constitutional purposes The national government has a limited set of constitutional purposes Each layer of government is sovereign within its sphere Each layer of government is sovereign within its sphere tension The relationship between nation and states is best characterized by tension rather than cooperation

10 Dual Federalism Concepts States rights - are States rights - the idea that all powers not specifically given to the national government by the Constitution are reserved to the states. strictly or narrowly States rights supporters use the 10 th Amendment as their validation and believe that the national government should interpret the Constitution strictly or narrowly (give national government limited power).

11 States Rights Position The Constitution is a compact among the states. The Constitution is a compact among the states. States rightists argue that the states created the national government & gave it only certain limited powers States rightists argue that the states created the national government & gave it only certain limited powers Believe state governments are closer to the people and better reflect citizens wishes than the national government Believe state governments are closer to the people and better reflect citizens wishes than the national government Uses the 10 th Amendment for their rationale!

12 Cooperative Federalism Cooperative Federalism(marble- cake federalism) rejects the idea Cooperative Federalism (marble- cake federalism) acknowledges the increasing overlap between state and national functions and rejects the idea of separate spheres, or layers, for the states and the national government.

13 Cooperative Federalism Concepts National and state agencies typically undertake government functions jointly National and state agencies typically undertake government functions jointly rather than exclusively (building canals/highways) The nation and states routinely share power The nation and states routinely share power Power is not concentrated at any government level or in any agency Power is not concentrated at any government level or in any agency Fragmentation of responsibilities gives people and groups access to many venues of influence.

14 Cooperative Federalism Concepts Supporters of this theory believe the Constitution should be used in an expansive way. State law is subordinate to national law (Art IV and the supremacy clause). If state laws are inconsistent with national policy they should be disregarded (medical marijuana) broad or loose interpretation Supporters believe in broad or loose interpretation of the Constitution. Use the elastic clause or the necessary and proper clause their rationale Use the elastic clause or the necessary and proper clause their rationale!!

15 Figure 4.1: Metaphors for Federalism

16 Another Perfect Storm Artist: Jeff Danziger Date: September, 2005 http://cartoonbox.slate.com/

17 Division of Government Powers National government Statesor People National government retains specific powers while reserving all others powers to the States (10 th amendment) or the People (9 th amendment). shared Some powers are shared by the layers of government (taxing power) denied/prohibited Some powers are denied/prohibited (no export tax for either national or state governments)

18 National Powers 3 types of national powers are: 1. expressed 2. implied 3. inherent

19 Expressed Powers in the Constitution also called enumerated powers are specifically granted to the national government by the Constitution Examples???

20 Implied Powers in the Constitution NOTexpressly NOT expressly defined in the Constitution. Art. I Sec.8 Cl #18 is an example Elastic Clause or Necessary and proper clause the power to draft into the armed forces is implied by the powers given to the national government to raise an army and navy (See Art. I Sec 8) Framers could not anticipate all powers needed in future thus this enables the federal government to extend its powers beyond what is expressed. ( regulate nuclear power plants/pollution or develop the space program)

21 Inherent Powers Powers that the national government may exercise simply because it is a sovereign nation. Powers that the national government may exercise simply because it is a sovereign nation. Example: the national government must control immigration and establish diplomatic relations with other countries, even though these powers are not spelled out in the Constitution.

22 State Powers Reserved powers- Reserved powers- certain powers that are specific held solely by the states Not listed specifically but allows states to assume powers based on what is left out of the Constitution The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. 10 th amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. 10 th amendment

23 Concurrent Powers Exercised by both the national and state governments Each level of government exercises these powers independently Examples???

24 Prohibited/Denied Powers Constitution identifies denied powers for the national government, state government or for both No titles of nobility by US States cannot make treaties Neither can pass ex post facto laws Art. 1 Sec 9 & Sec10

25 National Government (expressed, implied & inherent powers) Shared National & State Powers (concurrent powers) State Governments (reserved powers)

26 Guarantees or Obligations from the National Government to the States Art IV Sec 4 republican 1. Guarantee each state a republican form of government Protect states 2. Protect states from invasion and against domestic violence. Respect territorial integrity 3. Respect territorial integrity of each state.


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