Presentation on theme: "Federalism The Federal System. Federalism Defined A type of government where power is shared between a central government (federal or national) and state."— Presentation transcript:
The Constitution Divided government authority between the states and national government.
National Powers The Constitution grants three types of powers to the national government. Expressed or Enumerated Powers Powers directly expressed in the Constitution Most found in Article 1 Section 8
Implied Powers These are powers given to Congress that are needed to fulfill their expressed powers. –Example: the right to conduct a draft. Basis is found in the elastic clause in Article 1 Section 8.
This type allows government to greatly expand its power. Inherent Powers Powers government may exercise simply because it is a government. Examples would be immigration controls and foreign relations.
The States and the Nation Reserved Powers States are given certain powers by the Constitution. Specifically they are given powers that the Constitution does not mention, as stated in the 10 th amendment. The Supremacy Clause
Article IV, Section 2 makes the acts and treaties of the national government supreme. No level of government can make a law conflicting with a national law. Concurrent Powers Powers that both the state and national government have. Examples: levying of taxes, formation of courts
Denied Powers Some things are denied to all or specific levels of government. National government cannot tax exports or interfere with states ability to carry out their responsibilities. States cannot make treaties with foreign nations, coin money, or grant titles of nobility.
All governments must protect individual liberties.
Guarantees to the States The Constitution says the national government has three things it must do for the states Republican Form of Government The national government must ensure each state of a government by the people. Protection
The national government must protect states from attack by a foreign power and domestic violence- natural or otherwise. Territorial Integrity The national government has a responsibility to protect and insure state’s borders.
Admission of New States The Process Congress and the President sign an enabling act that allows people of a territory to prepare a Constitution. Congress and the President then must approve of the Constitution If all goes well the territory becomes a state.
Conditions for Admission Congress and the President can put conditions on states to be admitted. Equality of the States Once admitted every state is equal to every other state.
The Supreme Court’s role McCulloch v. Maryland ruling reinforces the principal that in conflict federal government is supreme.
Interstate Relations Full Faith and Credit Clause The Constitution says all states must recognize the laws and legal proceedings of another state. This applies only to civil law, not criminal law. Privileges and Immunities
The Supreme Court has ruled that regardless of state of origin all citizens must be given the same privileges and immunities that are extended to a native citizen with some exceptions. Extradition The Constitution provided for the fleeing of a criminal from one state to another.
Interstate Compacts Written agreements between states, and approved by Congress, used to resolve conflicts non-violently. Lawsuits between the States States may sue one another and the Supreme Court will have jurisdiction.
States Rights vs. National Rights States Rights Position Supporters believe the Constitution is an agreement among the states that gave the national government specific limited powers that should be narrowly defined.. They also believe the state governments are closer to the people and better reflect their wishes.
Nationalist Position Argue that the people created both the national government and the state governments; therefore, the national government is not subordinate to the states. Believe the necessary and proper clause allows Congress broad powers in fulfilling its powers.
Believe the national government should lead in major issues facing the nation. Underlined in the Supreme Court ruling in McCulloch v. Maryland
Growing National Government Three major provisions have allowed the government to expand in its powers. War Powers The issue of national defense has crept into many aspects of society and allowed the national government to expand its power base. Commerce Power
Commerce has been defined to almost all activities involved in the production and sale of goods and services. Congress often cites their control over interstate commerce to get involved in social issues only slightly connected to commerce.
Taxing Powers Congress’s power to tax has given them more financial resources than any other level of government. Taxation allows the government to heavily regulate business and encourage the support of key programs via federal tax breaks.
Federal Aid States Politics and Spending More population= more federal aid= more federal control and red tape. Shifting Responsibilities There has been a movement over the past 40 years to shift more control over government granted funds to state and local authorities.
Regan turned responsibility of federal programs over to local levels of gov. Bush Sr. decreased federal control and federal aid. President Clinton tried to create a system that had states apply for the right to manage federal funds with less federal government control.
Federalism and Public Policy Public Policy is the governmental response to an issue or problem. The States as a Petri Dish Federalism allows local and state governments to be proving grounds for new policies Georgia was the first state to make the voting age 18, now it is a national law.
It can also be reversed with the national government forcing public policy on local and state government. See the Civil Rights Era Federalism and Political Parties Federalism allows political parties to survive or even thrive when they fall out of national favor through winning elections at the state and local level.
Political Participation Federalism allows for: Easier access to public office via state and local elections More public input into government through the various levels via frequent elections, local elections and movements, and special interest groups.
Federalism’s Professional Politicians The New Deal Era called for a larger federal bureaucracy (organization of government administrators) to carry out federal legislation. More federal programs= more federal money= more federal oversight of spending= more federal presence at the state and local level.
Differences Among States Under federalism each state is allowed to legislate for and regulate its own internal affairs as it sees fit- creating a wide array of social programs and public policy. Federalism’s Direction The states are demanding more responsibility, and getting it, along with the burden of setting the social policy agenda for the state.
This is due to the fact that many believe that state and local governments are more in tune with their constituents needs and wants, and that the growth of the federal government has put it out of touch with many Americans.