1. Chapter 3: Federalism

2. Copyright © 2009Cengage Learning 2 A Unitary System  Central government gives power to sub-national governments (counties, provinces, etc.).  Local governments typically have only those powers granted to them by the central government, rather than any reserved powers.  Especially important is the central government’s role as provider of funds.

3. Copyright © 2009Cengage Learning 3 A Confederal System  Power is retained by local or regional governments.  Example: The European Union

4. Copyright © 2009Cengage Learning 4 A Federal System  Divides power between the national and lower level governments.  Each government has distinct powers that the other governments cannot override.  Examples: Australia, Brazil, Canada, Germany, India, Mexico, and the United States.

5. Copyright © 2009Cengage Learning 5 Why Federalism?  The authors of the Constitution wanted to combine a central government strong enough to maintain order with strong states.  The large geographical size of a country.  State governments have served as training grounds for national politicians and as laboratories in which new ideas can be tested.  Federalism allows for many political subcultures.

6. Copyright © 2009Cengage Learning 6 Arguments Against Federalism  A way for powerful states to block plans  Inequalities across states  Some see expansion of national powers as a danger  The influence of James Madison ©The Granger Collection, New York

7. Copyright © 2009Cengage Learning 7 The Federal System Scholars and political leaders alike have debated the relative merits and drawbacks of federalism since the founding of the republic. The following slide lists some of the major arguments that have been made.

8. Copyright © 2009Cengage Learning 8 The Federal System (cont.)

9. Copyright © 2009Cengage Learning 9 The Flow of Power in Three Systems of Government

10. Copyright © 2009Cengage Learning 10 Powers of the National Government  Enumerated Powers The Necessary and Proper Clause  Implied Powers  Inherent Powers

11. Copyright © 2009Cengage Learning 11 Powers of State Governments  According to the Tenth Amendment, all powers that were not delegated to the national government.  In theory states still retain all powers not delegated to the national government, but in reality the national government has expanded the scope of governmental action on a grand scale.

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13. Copyright © 2009Cengage Learning 13 Powers of State Governments  Police power: In the United States, most police power is reserved to the states.

14. Copyright © 2009Cengage Learning 14 Concurrent Powers Concurrent Powers Power to Tax Power To Make and Enforce Laws Power To Establish Courts Power To Police (Limited) National Government State Government

15. Copyright © 2009Cengage Learning 15 Prohibited Powers  Apply to both the national and state governments The national government is prohibited from taxing exports. State governments are prohibited from conducting foreign policy and from coining money. © AP/ Wide World Photos “Congress… has the power to coin money.”

16. Copyright © 2009Cengage Learning 16 Supremacy Clause  Article VI of the Constitution mandates that actions by the national government are supreme.  Any conflict between a legitimate action of the national government and a state will be resolved in favor of the national government.

17. Copyright © 2009Cengage Learning 17 Vertical Checks and Balances Federalism can be seen as an additional way of preventing government from growing too strong, beyond the division of the national government into the legislative, executive, and judicial branches.

18. Copyright © 2009Cengage Learning 18 Interstate Relations  Article IV of the Constitution attempts to resolve potential problems between states by stipulating the following: Full faith and credit clause—states must honor actions of other states Privileges and immunities Interstate extradition Interstate compacts

19. Copyright © 2009Cengage Learning 19 Defining Constitutional Powers  McCulloch v. Maryland (1819)  Gibbons v. Ogden (1824) © Bettmann /Corbis Chief Justice John Marshall: “Let the end be legitimate.”

20. Copyright © 2009Cengage Learning 20 States’ Rights  The Jacksonian Era and the shift back to States’ Rights

21. Copyright © 2009Cengage Learning 21 Library of Congress The Civil War

22. Copyright © 2009Cengage Learning 22 Dual Federalism  Emphasized dividing the state and national spheres of power into entirely separate jurisdictions.  Part of the Supreme Court’s attempt to regain its powers after the Civil War.

23. Copyright © 2009Cengage Learning 23 The New Deal and Cooperative Federalism  New Deal legislation vs. Dual Federalism  Cooperative federalism emphasized an expanded role for the national government, and cooperation between the national government and the states.

24. Copyright © 2009Cengage Learning 24 Share of Nonmilitary Spending by the Federal, State, and Local Governments before and after the Passage of New Deal Legislation

25. Copyright © 2009Cengage Learning 25 Share of Nonmilitary Spending by the Federal, State, and Local Governments before and after the Passage of New Deal Legislation

26. Copyright © 2009Cengage Learning 26 The New Deal and Cooperative Federalism  Roosevelt’s programs typically were funded by the federal government, but administered by states and local governments, thus creating a cooperative framework for federalist relations.  Often called picket-fence federalism

27. Copyright © 2009Cengage Learning 27  1935: President Franklin D. Roosevelt Signs the Social Security Act © UPI /Bettman /Corbis

28. Copyright © 2009Cengage Learning 28 Implementing Cooperative Federalism  Categorical Grants  “Strings-Attached” Federal Grants  Block Grants  Federal Mandates

29. Copyright © 2009Cengage Learning 29 Where the Money Goes

30. Copyright © 2009Cengage Learning 30 Federal Grants to State and Local Governments: 1980–2007

31. Copyright © 2009Cengage Learning 31 Where the Money Goes: Federal Grants to State and Local Governments, by Function, 2007 (in billions of dollars)

32. Copyright © 2009Cengage Learning 32 © 2003 AP/Wide World Photos

33. Copyright © 2009Cengage Learning 33 The Shift Toward Central Government Spending

34. Copyright © 2009Cengage Learning 34 The Politics of Federalism  States’ rights have been associated with conservatism, and national authority has been associated with liberalism. Why?

35. Copyright © 2009Cengage Learning 35 Accomplishments of National Authority  Economic relief  Civil rights and the War on Poverty  States favor the status quo

36. Copyright © 2009Cengage Learning 36 Reuters/David J. Phillip/Pool/Landov

37. Copyright © 2009Cengage Learning 37 Questions  Which level of government do you believe should have taken the lead in terms of addressing this situation—the federal government, the state governments or the local governments?  Is it possible for the different levels of government to coordinate their efforts and fully and effectively cooperate in helping Americans?

38. Copyright © 2009Cengage Learning 38 Questions (cont.)  The blame game is difficult and dangerous to play, yet if it is played to whom would you assign the greatest degree of blame for the failure of government to respond to this disaster—the President of the United States, the Governors of Louisiana and Mississippi, or the mayors of the cities that were hit the hardest, especially New Orleans?

39. Copyright © 2009Cengage Learning 39 Questions (cont.)  Place yourself in the position of being an advisor to George W. Bush. How would you have counseled him to respond to the aftermath of Katrina? What role do you believe the President of the United States should play in this sort of situation?

40. Copyright © 2009Cengage Learning 40 Federalism Becomes a Republican Issue  “New Federalism.” Beginning with President Richard Nixon (1969–1974), the Republican Party championed devolution, or the transfer of powers from the national government to the states. They called this policy federalism, a new use of the term.  Under current conditions liberals may have pragmatic reasons to support states’ rights in some instances, such as in gay rights issues.

41. Copyright © 2009Cengage Learning 41 © 2004 AP/Wide World Photos

42. Copyright © 2009Cengage Learning 42 Political Culture Is Reflected in State’s Policies

43. Copyright © 2009Cengage Learning 43 Federalism and the Supreme Court  Reigning in the Commerce Power  State Sovereignty and the Eleventh Amendment  Tenth Amendment Issues

44. Copyright © 2009Cengage Learning 44 Federalism: Deciding Who Decides  How did Marshall’s interpretation of the necessary and proper clause in McCulloch v. Maryland shift the balance of power between states and the federal government?

45. Copyright © 2009Cengage Learning 45 Federalism: Deciding Who Decides  How can such varied forms of Federalism exist under one Constitution?  What has contributed to the flexibility of state and federal powers?

46. Copyright © 2009Cengage Learning 46 Questions for Critical Thinking  Name some examples in which the supremacy doctrine has practical effect.  Discuss the importance of the case of Gibbons v. Ogden (and the cases that were based on its principles).  What are some obstacles to devolution? Are there any disadvantages to the new federalism?

47. Copyright © 2009Cengage Learning 47 Web Links  National Conference of State Legislatures National Conference of State Legislatures  National Governors Association National Governors Association  The Center for Public Integrity The Center for Public Integrity  Department of Homeland Security Department of Homeland Security

48. Copyright © 2009Cengage Learning 48 Web Links  Close Up Foundation Close Up Foundation  The James Madison Institute The James Madison Institute  ThisNation.com ThisNation.com