Today Constitution Guides Fill in Articles 1-7 Notes on Chapter 3 Unit Exam will be upcoming Monday over chapters 1-3 Work on reading and study guides over Chapter 3

3 Federalism

Video: The Basics IA_1/polisci/presidency/Seg2_Federalism_v2.html 3

Defining Federalism  What is Federalism? Federalism is a way of organizing a nation so that two or more levels of government have formal authority over the same area and people. Unitary system Power given to central government Confederation Weak national government and power given to states No country uses a confederate system of government, in which almost all power resides with the states and the central government is weak. The U.S. tried that under the Articles of Confederation and it did not work well at all. Intergovernmental relations Relationship between states and federal government become important in a federal system because of the communication necessary to share power. 3.1

Authority relations in three systems of government 3.1

Constitutional Basis of Federalism  Division of Power  National Supremacy  States’ Obligations to Each Other 3.2

Division of Power  States retained many powers Organize local governments and elections Ratify Constitutional amendments Equal representation in Senate 3.2

Some Powers Denied States by the Constitution 3.2

Division of Power  Federal obligations to states Cannot divide states Cannot tax interstate exports Protect states against invasion Overlapping responsibilities 3.2

National Supremacy  Which level should do what? Debates over areas of policy responsibility  Supremacy clause-Located in Article IV Asserts federal power over the states 3.2

Historical Events and Federalism The Civil War was a defining moment in establishing national sovereignty over the states. A century later, the federal government again prevailed against the states by forcing integration in schools and other public accommodations, and ending legal discrimination in jobs, housing, and voting over the strong objections of the states. The Tenth Amendment states that 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.” States’ rights advocates maintain that this amendment gives the national government only those powers specifically assigned it and that the states have supreme power. The Court has not upheld this view. The Eleventh Amendment gives states immunity against lawsuits by individuals, but this immunity does not extend to suits by the federal government, other states, or state agencies.

Wallace and segregation 3.2

Today Finish notes on federalism. Look at federalism cases Read article on devolution Unit 1 Test next class.

National Supremacy  Implied Powers McCulloch v. Maryland (1819) Enumerated powers-powers specifically expressed or written in the Constitution. Congress power to tax, regulate trade. Elastic clause-Necessary and Proper Clause gives Congress the power to exercise implied powers as long as it does so in terms that are consistent with the Constitution. The case of McCulloch v. Maryland illustrates the power of the elastic clause…… 3.2

Supremacy Clause and Immigration

National Supremacy  Commerce power Gibbons v. Ogden (1824) Draw a ship. Congress can make any law or act as long as it regulates interstate and international commerce. It includes any product bought or sold in the US, imported or exported. Promote economic development-subsidies and services to businesses. Regulate economic activity-safer working conditions. Expansion then retraction-Implied powers of Commerce must be proven to address economic activity. Cannot regulate local commerce activity or require state policing for federal laws. 3.2

States’ Obligations to Each Other  Full faith and credit The Constitution requires that states give full faith and credit to the public acts, records, and civil judicial proceedings of every other state. In practical terms, this means that if you are married or divorced in one state, you are married or divorced in all states. A moment’s reflection will make it clear that this clause is essential to the functioning of the economy and society. Because of the full faith and credit clause of the Constitution, marriage certificates issued by one state are valid in every state. People are also entitled to most of the benefits—and subject to most of the obligations—of citizenship in any state they visit, thanks to the privileges and immunities clause. 3.2

States’ Obligations to Each Other  Extradition- states are required to return a person charged with a crime to state for trial or imprisonment  Privileges and immunities- no discrimination against citizens of another state.  Exceptions: Higher tuition rates, higher taxes on hotels, voting. 3.2

3.2 Which clause of the Constitution requires states to honor contracts signed in other states? a.Privileges and immunities b.Full faith and credit c.Necessary and proper d.Commerce 3.2

Intergovernmental Relations  From Dual to Cooperative Federalism  Devolution?  Fiscal Federalism 3.3

From Dual to Cooperative Federalism  Dual federalism-layer cake Separate spheres of authority Ex federal gov handles military policy, States handle law enforcement and road building. Layer cake-layers are distinct. Interpret federal power narrowly  Cooperative federalism-marble cake Shared costs-states can receive money for sewage plants if they pay part of the bill. Federal guidelines-federal grants have strings attached. Shared administration-job training money given by feds, states determine usage. 3.3

Devolution?  Party divide on federalism Democrats favor national government Republicans favor states  Devolution since Reagan Loosening federal regulations-state’s rights 1994 Congress under Clinton left more regulating to the states. Gave states back regulating power like speed limits. Harnessing federal government power-Congress found they had more control over policy agenda if they restricted state power. NCLB 3.3

Fiscal Federalism  The Grant System: Federal Grants in Aid  Categorical grants Specific purpose Crossover sanctions-highways and drinking laws Crosscutting requirements-no discrimination lose funds Project grants-University grants for Science Formula grants-per capita basis ; medicaid  Block grants States are given fed money and discretion on how to spend. Problems-Fed requirements that states can’t afford…. 3.3

No Child Left Behind Act 3.3

3.3 Which of the following gives states more discretion in using federal funds? a.Categorical grant b.Formula grant c.Block grant d.Mandate 3.3

a.Diversity of policies in states b.States can be policy innovators c.States can spend less on education d.All of the above 3.4 Which of the following is a result of federalism? 3.4

a.Diversity of policies in states b.States can be policy innovators c.States can spend less on education d.All of the above Which of the following is a result of federalism?

Understanding Federalism  Federalism and Democracy  Federalism and the Scope of the National Government 3.5

FIGURE 3.2: State and local spending on public education 3.5

Federalism and Democracy  Contributions to democracy Decentralizes politics Disputes resolved at lower levels of govt. Majorities can be heard at state level More opportunities for participation Losing elections less painful  Detriments to democracy Electoral College Thwarting national majorities 3.5

Number of governments in America 3.5

Unit Test Review Review all study guides Take practice quizzes. Come in today after school to go over quizzes. Responsible for knowing basic article structure of the Constitution. Know basic vocab for chapter 1 Know historical events, documents and especially what went down at the Constitutional Convention Types of federalism; types of grants.