Government Structure and Federalism

Major Types of Government Where is the power? Unitary Confederation Federal

Structure of Federalism Federalism contrasted to unitary and confederal key is direction in which authority flows actual distribution of power varies unitary governments authority rests with national government lower levels granted power by national most governments, e.g. Britain, unitary relationship in U.S. between state and local is unitary (i.e. local government powers granted by state) confederal authority rests w/ subnational government (e.g. state or province) subnational grants powers to national rare, but one example is Articles of Confederation Federal national and state governments derive separate powers from the Constitution, not from each other this is a constitutional separation, i.e. it cannot be formally changed through ordinary legislative process of either states or national government

Federalism Division of power between national and state governments. Expressed Powers Enumerated Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers

Article I, Section 8 Article I, Section 8, Clause 18 “necessary and proper clause”

NOVEMBER 17TH QUIZ – POP QUIZ SHEET CONTINUE TO UNDERSTAND FEDERALISM 10 QUESTIONS WORTH 20 POINTS CONTINUE TO UNDERSTAND FEDERALISM

“relationship”

Federalism Articles in Constitution Amendments to the Constitution Legislation Court Cases State Law vs. Federal Law Society Presidency Congress State Governors/State Legislatures Political Parties Politics Economic Events Social Events

Structure of Federalism Federalism contrasted to unitary and confederal key is direction in which authority flows actual distribution of power varies unitary governments authority rests with national government lower levels granted power by national most governments, e.g. Britain, unitary relationship in U.S. between state and local is unitary (i.e. local government powers granted by state) confederal authority rests w/ subnational government (e.g. state or province) subnational grants powers to national rare, but one example is Articles of Confederation Federal national and state governments derive separate powers from the Constitution, not from each other this is a constitutional separation, i.e. it cannot be formally changed through ordinary legislative process of either states or national government

History of Federalism Federalists Anti-Federalists A slight disagreement over what?

History of Federalism Federalists Anti-Federalists RATIFICATION OF

RATIFICATION OF CONSTITUTION FEDERALISTS ANTI-FEDERALISTS

Federalism Division of power between national and state governments. Expressed Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Denied Powers

Is the word Federalism written in the Constitution? Page 760

FEDERALISM

List the Articles and Amendments in Constitution that deal with Federalism Page 760

Powers granted and denied Article I, Article II, Article III, Article IV, Article V, Article VI, and Article VII Article I Section 8 Article I Section 8 Clause 18 Article I Section 9 Article I Section 10 Amendments 1,3,4,5,6,7,8,9,10,13,14,15,16,19,21,24,26

November 21, 2011 Federalism Continued Powers of each Level of Government Federal Government Limited or Unlimited Powers General Welfare Commerce Clause

http://www.usdebtclock.org/

FEDERALISM

What does the “C” do?

Powers granted and denied Article I, Article II, Article III, Article IV, Article V, Article VI, and Article VII Article I Section 8 Article I Section 8 Clause 18 Article I Section 9 Article I Section 10 Amendments 1,3,4,5,6,7,8,9,10,13,14,15,16,19,21,24,26

Exclusive Powers of the National Government Under the Constitution, powers of the national government include: Print money (bills and coins) Declare war Establish an army and navy Enter into treaties with foreign governments Regulate commerce between states and international trade Establish post offices and issue postage Make laws necessary to enforce the Constitution

Exclusive Powers of State Governments Powers reserved to state governments include: Establish local governments Issue licenses (driver, hunting, marriage, etc.) Regulate intrastate (within the state) commerce Conduct elections Ratify amendments to the U.S. Constitution Provide for public health and safety

Powers Shared by National and State Government Shared, or "concurrent" powers include: Setting up courts Creating and collecting taxes Building highways Borrowing money Making and enforcing laws Chartering banks and corporations Spending money for the betterment of the general welfare Taking (condemning) private property with just compensation

Neither National nor State Governments may Permit slavery 13th Deny citizens the right to vote due to race, color, or previous servitude 15th Deny citizen the right to vote because of gender 19th

We The People Are these specific expressed powers? Implied Powers? Roads Schools Clean air Safe transportation Safe food Prisons Parks Health care Housing Unemployment Benefits Clean energy at a low price National Defense Welfare Social Security benefits Are these specific expressed powers? Implied Powers? Where does Congress get the power to carry out these services?

Collect money Income tax Payroll tax Corporate tax Excise tax Tariffs from 1790 to 1913 Income Tax 1913 with the 16th Amendment

Spend it

November 22, 2011

Article I Section 8 Clause 1 The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

We The People Are these specific expressed powers? Implied Powers? Roads Schools Clean air Safe transportation Safe food Prisons Parks Health care Housing Unemployment Benefits Clean energy at a low price National Defense Welfare Social Security benefits Are these specific expressed powers? Implied Powers? Where does Congress get the power to carry out these services?

General Welfare 1. What does this General Welfare mean? The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

“promote the general welfare” “provide for the general welfare” What does it really mean?

“promote the general welfare” “provide for the general welfare” Federal Aid, Federal Benefits, or Federal Funds Directly assists or benefits the American Public Education Health Public safety Public welfare Public works

“promote the general welfare” http://www.panthercountry.org/olc/class.aspx?id=274&s=220

Super-Committee http://www.cnn.com/video/?hpt=hp_c3#/video/politics/2011/11/09/explain-it-to-me-super-committee.cnn NEXT SLIDE – Video clip 3 minutes

Commerce Clause Article I, Section 8, Clause 3 “ [The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes; ”

Relationship Changes - History

Not just understanding the Constitutional Powers but the Influences too. Politics Political Parties Political Ideologies Social needs Economic needs Congress President Courts Individual liberty States

Is one level of government better equipped to deal with certain problems, concerns, needs or issues?

Commerce Clause Article I, Section 8, Clause 3 “ [The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes; ”

Article I Section 8 Clause 3– Commerce Clause and the Role of the Judicial Branch 1787 – 1930 minimal involvement of National Government 1930 – 1990– broad interpretation and expansive powers of National Government 1990’s to present – Supreme Court reduces the power of Congress when it comes to the use of the commerce clause

Examples of “commerce clause” C-span clips

Videos – Federalism Folder 1. Federal Wolves at the Door 2. Using Federal Dollars To "Buy" Interstate Highway Safety 3. When Welfare Depends on Where You Live

2009

Relationship Changes - History Social and Economic reasons

December 9, 2011

Fracking

Utica Shale Area

Problems or Issues in Society

Fracking

Problems in Society Is one level of government better equipped to deal with certain problems? 1. Choose a Problem or Issue 2. What level of government should be the primary problem solver for this issue? 3. Should the government not play a role in solving this problem?

Article I Section 8 Clause 3 To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

Article I Section 8 – Commerce Clause 1787 – 1930 minimal involvement of National Government 1930 – present – broad interpretation and expansive powers of National Government

Relationship Changes - History Social and Economic reasons

ARTICLE IV Section 4 - Republican government The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

The Major Disaster Process

Federalism Division of power between national and states. Relationships form and exist and change $

Politics of Federalism Policies of President and Congress impact this relationship. Social and Economic Conditions

The Politics of Federalism 1. Dual Federalism “layered cake” 2. Cooperative Federalism “marble cake” 3. New Federalism “on your own federalism”

The Politics of Federalism Dual federalism – co-equals Dominant until 1930s States and national government had distinct, separate realms Cooperative federalism – elastic clause States and national government cooperate Often, national government funds, while states implement Regulatory federalism National government sets conditions for funding and thus regulates state actions Unpopular with states – mandates – money dries up What kind of federalism? (pick an adjective) Dual federalism Dominant until 1930s States and national government had distinct, separate realms (depending on functions) Cooperative federalism States and national government cooperate many problems require coordination, cooperation across state lines Often, national government funds, while states implement cf. emergence of Aid to Families with Dependent Children out of welfare funding crisis at state and local level Regulatory federalism National government sets conditions for funding and thus regulates state actions e.g. lower speed limits and higher drinking age accomplished by adding strings to federal highway funds Unpopular with states federal funding builds organized constituencies in states, which expect programs to continue even after federal funding dries up “unfunded mandates” “New” federalism, devolution, states’ rights

We The People Roads Schools Clean air Safe transportation Safe food Prisons Parks Health care Housing Unemployment Benefits Clean energy at a low price National Defense Welfare Social Security benefits

Collect money Income tax Payroll tax Corporate tax Excise tax Tariffs from 1790 to 1913 Income Tax 1913 with the 16th Amendment

“promote the general welfare”

“promote the general welfare” http://www.panthercountry.org/olc/class.aspx?id=274&s=220

Spend it

“promote the general welfare” Federal Aid, Federal Benefits, or Federal Funds Directly assists or benefits the American Public Education Health Public safety Public welfare Public works

Federal Student Aid

Grants-In-Aid Makes up 25% of all State and Local government spending. What does this mean? Power and influence of Fed in State and Local (blurs the division of powers)

Funding Federalism - Federal Grants Categorical Money appropriated for specific purposes (strings attached) School lunches, airport construction and wastewater treatment plants Project Local governments and organizations write grant proposals (application) Block grants Broad purposes, e.g. economic development, social services and health care (less strings attached) Revenue Sharing States get proportional “share” of taxes collected by federal government to spend on any purpose 1972-1987

Revenue back to States http://www.huffingtonpost.com/2010/03/10/the-federal-aid-jackpot-s_n_492411.html#s73097

Politics 1970’s Balance of Payments Paying more in taxes than it was receiving in federal spending.

Federal Revenue Returns to the States http://www.taxfoundation.org/files/fedspend_per_taxesbystate-20071009.swf

State budget Crises (Panic) and Federalism http://www.cbpp.org/slideshows/?fa=stateFiscalCrisis

How do you “FIX IT”?

1. Where would you find the “necessary and proper clause”? Article I, Section 8, Clause 18

2. The “necessary and proper clause” is also called the ______ ________. Elastic clause

3. Federal Powers are called? (5) Delegated Expressed Enumerated Implied Inherent

4. State powers are called? Reserved powers

5. Where would you find those state powers? 10th amendment

6. Where would you find the powers of congress? Article I, Section 8

Matching 16th Reserved powers Expressed powers Implied powers Inherent powers Delegated powers Necessary and proper clause Article VI/Supremacy Clause Social and Economic conditions Grants-in-aid programs Dual federalism Cooperative Federalism Block Grants Article V

Multiple Choice, Completion, and Short response 1970s tracking of money Colleges and Universities may charge higher tuition Concurrent powers Enabling act directs territory to do what States honoring legality of other state Extradition Obligation of NG to States Revenue sharing advantage Basic characteristic of Federalism McCulloch v Maryland ruling based on Without expressed powers there would be no Framers included supremacy clause because States receive grants in aid and NG gains Fed to make grants in aid comes from what expressed power Monies to help fund school lunch programs is an example of what federalism Federalists and Anti-Federalists

http://www. cnn. com/2011/11/14/politics/health-care/index. html http://www.cnn.com/2011/11/14/politics/health-care/index.html?hpt=hp_t1#

Federalism Division of power between national and state governments. Expressed Powers Enumerated Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers

20 Point Quiz POP Quiz Sheet 2nd Quiz

Question 1 The failed system of government that the United States tried during and following the American Revolutionary War. Federalism Confederation Expressed Powers Enumerated Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8 Clause 18

Question 2 is system of government in which a written constitution divides the powers of a government on a territorial basis between a central, or national, government and several regional governments, usually called states or provinces. Federalism Confederation Expressed Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8 Clause 18

Question 3 Implied, expressed, and inherent powers are ______________ granted to the National Government in the Constitution. Federalism Confederation Expressed Powers Enumerated Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8 Clause 18

Question 4 Are not expressly stated in the Constitution but are reasonably suggested by the expressed powers Federalism Confederation Expressed Powers Enumerated Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8 Clause 18

Question 5 are delegated to the National Government in so many words…. Spelled out in the Constitution (27 to Congress) Federalism Confederation Enumerated Powers Expressed Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8 Clause 18

Question 6 belong to the National Government because it is the national government of a sovereign state in the world community. Federalism Confederation Expressed Powers Enumerated Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8 Clause 18

Question 7 Are those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States (10th Amendment) Federalism Confederation Expressed Powers Enumerated Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8 Clause 18

Question 8 Are those powers that both the national Government and the Federalism Confederation Expressed Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8 Clause 18 Question 8 Are those powers that both the national Government and the States possess and exercise.

where would you find these three words “necessary and proper” Question 9 where would you find these three words “necessary and proper” Federalism Confederation Expressed Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers Delegated Powers Article 1 Section 8 Article 1 Section 8 Clause 18

Question 10 What does the “C” represent?

Structure of Federalism Federalism contrasted to unitary and confederal key is direction in which authority flows actual distribution of power varies unitary governments authority rests with national government lower levels granted power by national most governments, e.g. Britain, unitary relationship in U.S. between state and local is unitary (i.e. local government powers granted by state) confederal authority rests w/ subnational government (e.g. state or province) subnational grants powers to national rare, but one example is Articles of Confederation Federal national and state governments derive separate powers from the Constitution, not from each other this is a constitutional separation, i.e. it cannot be formally changed through ordinary legislative process of either states or national government