ap american government - crawford's world · title: microsoft powerpoint - magleby_ch03.ppt...

LO 3.1 9/16/2012

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Copyright © 2011 Pearson Education, Inc. Publishing as Longman

AP AMERICAN GOVERNMENT

2 | 1

Unit Two

Part 2

The Constitution,

and Federalism


Chapter 3 Outline and Learning Objective

Defining Federalism

• 2.8 Interpret the definitions of federalism, and assess the advantages

and disadvantages of the American system of federalism.

The Constitutional Structure of American Federalism

• 2.9 Differentiate the powers the Constitution provides to national and state governments.

The National Courts and Federalism

• 2.10 Assess the role of the national courts in defining the

relationship between the national and state governments.

The National Budget as a Tool of Federalism

• 2.11 Analyze the budget as a tool of federalism, and evaluate its impact on state and local governments.


Unitary

Complete control from the center

Federal

Shared power between the center and

the local regions

Confederal

Complete control by the local regions

2 | 3

The Politics of Federalism2.8 Evaluate the current relationship between the national and state governments and the future challenges for federalism.

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Copyright © 2011 Pearson Education, Inc. Publishing as Longman 3 | 4

Lines of Power in Three Systems of Government


Lines of Power in Three Systems of Government


Federalism: A Bold New Plan

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Federalism

a political system where political power

is shared between the national

government and legitimate local

governments


Defining

Back to learning objectivesCopyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 3.1 9/16/2012



State GovernmentsRESERVED

Article I, Section 10Police power

RoadsEducation

National GovernmentENUMERATED

Article I, Section 8Interstate Commerce

MoneyWar: Army, Navy

Foreign Affairs: Tariffs, Treaties

DUAL FEDERALISM

OverlapCONCURRENT

SupremeCourt

Judicial ReviewMcCulloch v.

Maryland

Municipalities-General Charter

-Special Charter-Home Rule Charter


The ___ type of government has power

vested in a central authority.

A. Unitary

B. Federal

C. Confederate

LO 3.1

Back to learning objectives


The ___ type of government has power

vested in a central authority.

A. Unitary

B. Federal

C. Confederate

LO 3.1


LO 3.1 9/16/2012


Copyright © 2011 Pearson Education, Inc. Publishing as Longman2 | 13

The Constitutional Structure of Federalism2.9 Differentiate the powers the Constitution provides to national

and state governments.

Article I, Section 8

-What Congress CAN do


-What Congress CANNOT do


-What States CANNOT do

Article IV

-What States MUST do

Copyright © 2011 Pearson Education, Inc. Publishing as Longman2 | 14

Enumerated Reserved


Clause 1

• Full Faith and Credit

Clause 2

• Interstate Privileges and Immunities

• Extradition

• Interstate Compacts

Clause 3

• Guarantee of Republican Government

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Article IV of the US Constitution

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Contradictions of FederalismElastic ClauseElastic ClauseElastic ClauseElastic Clause: Necessary and Proper Clause expands federal powerCommerce ClauseCommerce ClauseCommerce ClauseCommerce Clause: gives Federal government right to regulate interstate commerceTenth Amendment Tenth Amendment Tenth Amendment Tenth Amendment was added as an attempt to set limits on the national government’s powerEleventh Amendment Eleventh Amendment Eleventh Amendment Eleventh Amendment was added to give states “Sovereign Immunity” from lawsuits


Article I, Section 8, Clause 3 of the US Constitution

“The Congress shall have power . . . To regulate commerce with foreign nations, and among the

several states, and with the Indian tribes”

“Commerce“ Clause


Article I, Section 8, Clause 18 of the US Constitution

"The Congress shall have Power - To make all Laws which shall be necessary and proper

for carrying into Execution the foregoing Powers, and all other Powers vested by this

Constitution in the Government of the United

States, or in any Department or Officer thereof."

“Elastic “ Clause

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Article VI, Clause 2 of the United States Constitution

This Constitution, and the Laws of the United States which shall be made in pursuance

thereof; and all treaties made, or which shall be made, under the authority of the United

States, shall be the supreme law of the land;

and the judges in every state shall be bound thereby, anything in the constitution or laws of

any state to the contrary notwithstanding.

“Supremacy“ Clause


The Tenth Amendment

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.


The Eleventh Amendment

The Judicial power of the United States shall not be construed to extend to any suit in law or

equity, commenced or prosecuted against one of the United States by Citizens of another

State, or by Citizens or Subjects of any

Foreign State.

Adopted following the Supreme Court's ruling in Chisholm v.

Georgia. In Chisholm, the Court ruled that federal courts had the authority to hear cases brought by private citizens

against states.

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Alexander HamiltonThe First Federalist

“All communities divide themselves into the few and the many. The first are the rich and the well-born; the other the mass of the people ... turbulent and changing, they seldom judge or determine right. Give therefore to the first class a distinct, permanent share in the Government ... Nothing but a permanent body can check the imprudence of local democracy.”

speech to the Constitutional Convention concerning the United States Senate, 06/18/1787


Power to Federal Government

Loose Interpretation

� Elastic Clause (‘Necessary and Proper’)

� Commerce Clause

Hamilton, Federalists

� Modern: Democrats or Republicans?


Thomas JeffersonThe First Anti-Federalist

“The States can best govern our home concerns and the general

government our foreign ones. I wish, therefore...never to see all offices transferred to Washington,

where, further withdrawn from the eyes of the people, they may more secretly be bought and sold

at market.”

From the Papers of Thomas Jefferson, 1797

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Power to State Governments

Strict Interpretation

� 10th Amendment: “All power to states”

� 11th Amendment: “Sovereign Immunity”

� Nullification: states can declare a Federal law void if they believe it is unconstitutional

Jefferson, Anti-Federalists

� Modern: Democrats or Republicans?


“Moving to another State to escape perceived

government oppression only works when 49 other

States have the constitutional power to

create their own unique "experiments" in

governance. A dominant Central Government

violates the federalism defined by the

Constitution.”

Reforming the US in an era of terrorism and

globalization requires remaking federalism at

all levels. The Federal government should

lead where it must and set strong, clear

national goals for security and innovative

growth which mixes money, mandates and

flexibility.


James MadisonOriginal Federalist converted to Anti-Federalism

“The powers delegated by the proposed Constitution to the

federal government are few and defined. Those which are to remain in the State governments

are numerous and indefinite.”Federalist No. 45

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Power of State Governments

• Constitution is minimum standard

• Can be more Democratic

� Initiative: public passes law

�Referendum: public vetoes law

�Recall: public removes official from

office



Why Federalism?

Advantages

• Checks the growth of tyranny

• Allows unity without conformity

• Encourages experimentation and flexibility

• Provides training and develops leaders

• Keeps government closer to the people

Disadvantages

• Difficult to respond quickly to national problems

• Blocks Progress and protects local interests

• Lack of uniformity leads to conflict

• Variation in policies creates redundancies and inefficiencies

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State-only powers are known as ____.

A. Concurrent

B. Reserved

C. Extradition

D. Supremacy

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State-only powers are known as ____.

A. Concurrent

B. Reserved

C. Extradition

D. Supremacy

LO 3.2



What area makes it difficult to move

away from central control?

A. Education

B. Homeland security

C. Immigration

D. All of the above

LO 3.5


LO 3.1 9/16/2012



A. Education

B. Homeland security

C. Immigration

D. All of the above

What area makes it difficult to move

away from central control?

LO 3.5



Federal law is supreme over state law, and the

power granted to the federal government

should be interpreted

broadly

Judicial ReviewMcCulloch v. Maryland

(1819)

The National Courts and Federalism2.10 Assess the role of the national courts in defining the relationship between national and state governments.


THE FACTSThe US congress passed a law in 1816 authorizing the creation of a

National Bank.

The state of Maryland pass a law to tax all transactions of the National

Bank branch located in Maryland.

James McCulloch, head of the Baltimore branch of the National Bank

refused to pay the tax.

The state of Maryland filed in state court to compel McCulloch to pay.

On appeal, the Maryland state Supreme Court held for Maryland because the Constitution did not specifically state that the Federal

Government was authorized to charter a bank, the Bank of the United

States was unconstitutional.

McCulloch appealed to the US Supreme Court

McCulloch v. Maryland

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THE DECISION• The US Constitution is Supreme Law

• The Federal government, though limited, is supreme within its sphere

• Therefore, the US Supreme Court can rule on the Constitutionality of state laws

• Article I, section 8 explicitly gives the US congress the power to tax

and spend

• The ‘Elastic’ clause of the Constitution grants to Congress implied

powers to implement the Constitution's express powers if it is not explicitly forbidden by the Constitution

• Therefore, State action may not impede valid constitutional exercises

of power by the Federal government.

• Congress has the power to charter the bank

McCulloch v. Maryland


Interpretations of the Constitution

Strict interpretation (Originalist)� The constitution is to be followed exactly to the

word as the writers intended it to be; the process of change should be through Amendment.

Loose interpretation (Adaptive)� Powers implied within the Constitution should be

included in the new government to fit changes over time as intrepreted by the Courts.


Obamacare in the Courts

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Grants-in-AidOriginally given by Federal Government to help

states fulfill Constitutional duties:

� Militia and Educational land grantsCategorical or Conditional Grants� for specific purposes, and usually require matching funds (90/10); roads and policeMandates� Federal Regulations requiring states to fund and be reimbursed; Civil rights, environment, ADA

The National Budget as a Tool of

Federalism2.11 Analyze the budget as a tool of federalism, and evaluate its

impact on state and local governments.


Grants-in-Aid

Eventually leads to

Intergovernmental Lobbying

� States and cities send lobbyists to Washington to get their ‘fair share’ of grant money

Pork Barrel Spending

� Earmarks – spending amendments for specific purposes for special interests in districts

� Log Rolling - trading votes to get amendments passed in budget bill


Richard Nixon1968-1974 “Impounding Funds”

� pocket vetoUnconstitutional� Train v. City of New York, 1975

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Ronald Reagan1980-1988

The New Federalism• Deregulation• Devolution• Block Grants• Revenue Sharing


Devolution

Attempt to give power and

responsibility for decision-

making back to the states


Devolution

Block Grants (Broad-based grant)

�Operational (police)

�Capital (roads, infrastructure)

�Entitlement (welfare, education)

Revenue Sharing

�Distributed by formula derived from

census statistics

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Bill Clinton1992-2000 Elimination of Revenue SharingFreeze on Block GrantsIncrease in Categorical Grants

� $27 billion worth of earmarks over 8 yearsLine Item Veto Act� Unconstitutional: Clinton v. City of New York, 1998


George W. Bush2000-2008 Attempt to increase Block GrantsSubstantial increase in earmarks

� 55,000 worth $100 billion� But make up less up less

than 1% of the federal

budget


Municipalities

• Cities, towns, counties, and districts have no Constitutional protections.

• They exist at the pleasure of the state government.

� Municipal Corporations

�General Act Charter what city CAN do

�Home-Rule Charterwhat city CANNOT do

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• Is Fort Lauderdale Home Rule or General Act?

• Who is the Mayor of Fort Lauderdale?

• Is Miami-Dade Home Rule or General Act?

• Who is the Mayor of Miami-Dade?

Municipalities


• Is Fort Lauderdale Home Rule or General Act?

• Who is the Mayor of Fort Lauderdale?

• Jack Seigler

• Is Miami-Dade Home Rule or General Act?

• Who is the Mayor of Miami-Dade?

• Carlos Gimenez

Municipalities


Municipalities

(Miami Herald) – March 15, 2011.

An overwhelming majority of voters in Miami-Dade county have decided to chuck their mayor out of office before the end of his

term. Almost 90% of voters chose to oust Carlos Alvarez in the

biggest recall of a local politician in American history. Alvarez, a Republican, was elected to a second term in 2008 but his

popularity crumbled after a series of missteps, including a

massively unpopular 14% hike in property taxes.

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Who of the following would have been

a strict constructionist?

A. Abraham Lincoln

B. Franklin Delano Roosevelt

C. Ronald Reagan

D. All of the above

LO 3.3


Who of the following would have been

a strict constructionist?

A. Abraham Lincoln

B. Franklin Delano Roosevelt

C. Ronald Reagan

D. All of the above

LO 3.3


___ are used for very strict controls of

what states are doing in a general purpose.

A. Categorical-formula grants

B. Project grants

C. Block grants

D. Unfunded mandates

LO 3.4

LO 3.1 9/16/2012



___ are used for very strict controls of

what states are doing in a general purpose.

A. Categorical-formula grants

B. Project grants

C. Block grants

D. Unfunded mandates

LO 3.4

ap american government - crawford's world · title: microsoft powerpoint - magleby_ch03.ppt...

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