Review: Federalism

Vocab Study Cards Amendment Process Antifederalists Articles of Confederation Bill of Attainder Bill of Rights Block Grant Categorical Grant Checks and Balances Coalition Concurrent Powers Conditions of Aid Constitutional Convention Dual Federalism Enumerated Powers Establishment Clause Ex post facto law Express Preemption Faction Federalism Federalists Grant-in-Aid Great (or Connecticut) Compromise Habeas Corpus Line Item Veto Necessary and Proper Clause New Jersey Plan Nullification Police Power Ratification Republic Reserved Powers Separation of Powers Shay’s Rebellion Supremacy Clause Three-Fifths Compromise Unalienable (or Inalienable) Virginia Plan Waiver

Systems of Government Replace with jpeg, p. 53

Systems of Government

Systems of Government

Federalism The Framers believed that government power must be divided and limited so that it cannot threaten individual liberty The Constitution divides power between the federal government and the states through Federalism Federalism creates two basic levels of government that overlap Each level has some powers denied to the other level

Federalism Expressed powers, also called delegated or enumerated powers are listed in the Constitution and are exercised only by the federal government Reserved powers are exercised only by the States Concurrent powers are shared by the States and the federal government

Delegated/Expressed Powers The Congressional powers specified in the Constitution in Article I include the power to: Coin money Regulate interstate and international trade Maintain armed forces Declare war Tax Other expressed powers are granted to the President in Article II and the Supreme Court in Article III

Implied Powers The Necessary and Proper Clause (Article I, Section 8) is sometimes referred to as the Elastic Clause Provides Congress the power to make all laws “necessary and proper” for carrying out its expressed powers, so it is said to stretch to cover many situations Congress exercises many Implied Powers that are based upon its expressed powers These include building the interstate highway system and banning racial discrimination in public places Checkpoint Answer: The clause can be “stretched” to provide a wide range of implied powers, as long as those powers can be seen as necessary to carry out the expressed powers granted by the Constitution.

Inherent Powers Recognized by all sovereign nations, every national government has certain inherent powers which are not always specifically defined in a Constitution Inherent powers include acquiring territory, defending the nation, regulating immigration, and conducting diplomacy NOTE TO TEACHERS: In this image, President George W. Bush meets with Chancellor Angela Merkel of Germany at the 2007 G8 Summit.

Reserved Powers The 10th Amendment reserves to the States all powers not given to the federal government These powers include the police power, which lets a State protect and promote public health, morals, safety, and general welfare State and local governments use the huge scope of the reserved powers to perform many of their daily actions

Concurrent Powers Powers shared by the federal government and state governments and include all powers not exclusive to the national government or denied to the States

Denied Powers The Constitution denies certain powers to the federal and state governments Denied to the Federal Government Denied to the State Governments Suspend habeas corpus (unlawful imprisonment), except in times of crisis Enter treaties with or declare war on foreign countries Pass ex post facto (retroactive) laws or issuance of bills of attainder (declaring someone guilty of a capital offense without trial) Imposing export taxes on states Imposing import or export taxes Using money from the treasury without passage and approval of an appropriations bill Printing money Creating a national school system Maintaining a standing army Granting titles of nobility

Activity Using your textbook, the review deck and the Internet, create a double-bubble map listing national, state and concurrent powers

Federalism

Supremacy Clause The Constitution is the supreme law of the land, standing above all treaties, federal laws and State laws Article VI of the Constitution mandates that actions by the national government are supreme; this is known as the Supremacy Clause Any conflict between a legitimate action of the national government and a state will be resolved in favor of the national government The Supreme Court settles conflicts between State and federal laws The Court can rule a State or federal law to be unconstitutional

Full Faith and Credit Clause Article IV of the Constitution, known as the Full Faith and Credit Clause, attempts to resolve potential problems between states by stipulating the following: States must honor actions of other states Privileges and immunities Interstate extradition Interstate compacts

Dual Federalism Post Civil War doctrine emphasized dividing the state and national spheres of power into entirely separate jurisdictions The national government was supreme in its sphere, the states were equally supreme in theirs (e.g., Interstate vs. Intrastate) Think of a layer cake, with the national government serving as the top layer and state governments as the bottom; each layer is separate and distinct Supreme Court’s attempt to regain its powers after the Civil War; generally defending states’ rights and limiting the national government’s power

The New Deal and Cooperative Federalism Cooperative federalism emphasized an expanded role for the national government, in cooperation with state governments The Great Depression demanded action, but President Hoover believed in dual federalism and saw unemployment and poverty as state issues FDR’s administration enacted large-scale emergency programs, greatly expanding national authority Initial resistance from the Supreme Court eventually gave way to support of expanding the national government’s role under the commerce clause

The New Deal and Cooperative Federalism Roosevelt’s programs typically were funded by the federal government, but administered by states and local governments The image of cooperative federalism is a marble cake, with the two “ layers” of authority intermingled TANF program (Temporary Assistance to Needy Families) in which the national government provides a majority of funding, but state governments structure, staff and administer it

Share of Nonmilitary Spending by the Federal, State, and Local Governments before and after the Passage of New Deal Legislation SOURCE: Advisory Commission on Intergovernmental Relations, Significant Features of Fiscal Federalism (Washington, D.C.: Government Printing Office, 1979), 7.

Where the Money Goes

The Changing Purpose of Federal Grants to State and Local Governments Note: Totals may not add up to 100% because of rounding Source: Budget of the U.S. Government, Fiscal Year 2007

Implementing Cooperative Federalism Categorical Grants are federal funds for specific purposes The five largest categorical grants involve Medicaid, highway construction, unemployment benefits, housing assistance and welfare programs Block Grants are given to the states for a general purpose and with fewer restrictions (e.g., urban renewal, law enforcement, etc.) The NCLB (No Child Left Behind) Act restricts education funding to those schools meeting federal achievement benchmarks, an area traditionally left under state control.

Implementing Cooperative Federalism Federal Mandates Conditions of Aid are terms the state must meet to receive federal funds (e.g., matching funds, etc.) Mandates are terms that states must meet whether or not they accept funds (e.g., civil rights, etc.) Waiver is permission by a federal agency to violate a condition or mandate The NCLB (No Child Left Behind) Act restricts education funding to those schools meeting federal achievement benchmarks, an area traditionally left under state control

Federal Grants to State and Local Governments Source: Budget of the U.S. Government, Fiscal Year 2009

The Politics of Federalism In recent decades States’ Rights have been associated with conservatism and Federal Authority has been associated with liberalism The expansion of national authority has been associated with social change, usually a liberal purview The Washington has been more willing than state governments to initiate change (e.g., civil rights, etc.)

Federalism Becomes a Republican Issue “Devolution Revolution” Beginning with President Richard Nixon, the Republican Party championed devolution or the transfer of powers from the national government to the states Nixon’s New Federalism sent direct, unconditional financial support to state and local governments But was eliminated under Reagan Most Americans favor devolution, unless it cuts a government program that benefit them Liberals may have pragmatic reasons to support devolution, such as in gay rights

Federalism Pros and Cons Advantages Disadvantages Mass Participation: People of all ages and backgrounds can participate by voting on national and local issues Lack of Consistency: Differing policies on important issues across the states Regional Autonomy: States retain their sovereignty and have choices on public policy Inefficiency: Contradictory and overlapping policies Access to Government: Politicians are in touch with their constituent’s concerns Bureaucracy: Too many officials and it can result in corruption or stalemate Innovation: States can be the “laboratories of democracy” testing new policies Expense: Funding through taxes of duplication of offices and responsibilities