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CHAPTER 3 FEDERALISM

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Page 1: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

CHAPTER 3

FEDERALISM

Page 2: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

CONSTITUTIONAL DIVISION OF POWERS

DELEGATED POWERS (NATIONAL / FED)EXPRESSEDIMPLIEDINHERENT

RESERVED POWERS (STATES)LOCAL POWERS FROM THE STATE

CH 4 SUM

Page 3: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

CONCURRENT POWERSBOTH STATE & NATIONAL

DENIED POWERSNEITHER STATE OR NATIONAL

CH 4 SUM

Page 4: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS
Page 5: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS
Page 6: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

SUPREMACY CLAUSE (ART 6)

NATIONAL GOVERNMENT IS SUPREME IN CONFLICTS

MCCULLOGH V MARYLAND (1819)

CH 4 SUM

Page 7: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

INTERSTATE RELATIONSINTERSTATE COMPACTSFULL FAITH AND CREDITEXTRADITIONPRIVILEGES AND IMMUNITIES

CH 4 SUM

Page 8: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

AP CHAPTER 3 FEDERALISMextra stuff

FEDERALISM = GOODELAZAR

STRENGTH & FLEXIBILITY

FEDERALISM = BADLASKI & RIKER

BLOCKS PROGRESSHELPS POWERFUL

LOCALS

Page 9: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

AMERICAN FEDERALISMWAS BRAND NEW

FEDERALISM DEFINEDVERY VAGUE LANGUAGEARTICLE I, SEC. 8

(NECESSARY & PROPER CLAUSE)

FEDERALISM INCREASES POLITICAL INVOLVEMENT

MORE ACCESS POINTS OF POWER

Page 10: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

WHY FEDERALISM?AFRAID OF A UNITARY GOV’T

THE CONFEDERATION DIDN’T WORK

STATES WANTED POWER & STABILITY

STATE / NATIONAL GOV’TS LIMITED PROTECTS INDIVIDUAL LIBERTY

TO GAIN SUPPORT FOR RATIFICATION

Page 11: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS
Page 12: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS
Page 13: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS
Page 14: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS
Page 15: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

FDR

“THE NEW DEAL”

GREAT DEPRESSION

WORLD WAR II

Page 16: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

LBJ

“THE GREAT SOCIETY”

ANTI-POVERTY

CIVIL RIGHTS

VIETNAM WAR

Page 18: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

• Barack Obama

• FINANCIAL INST.– Regulations– Investment

• Auto Industry– Stock Purchases– Oversight Duties

• Health Care– Mandates

Page 19: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

RONALDREAGAN

“In this present crisis,government is not thesolution to our problem;government is the problem.”

-1980

DEVOLUTION( Deregulation & Decentralization )

Page 20: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

HOW THE FED. GOV’T GETS MONEY

Page 21: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS
Page 22: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS
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Federalism

Chapter 3

Edwards, Wattenberg, and Lineberry

Government in America: People, Politics, and Policy

Fourteenth Edition

Page 25: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

Defining Federalism–Federalism: a way of organizing a

nation so that two or more levels of government have formal authority over the land and people

–Intergovernmental Relations: the workings of the federal system- the entire set of interactions among national, state & local governments

Page 26: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS
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Defining Federalism

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Defining Federalism• Why Is Federalism So Important?

– Decentralizes our politics• More opportunities to participate

– Decentralizes our policies• Federal and state governments handle

different problems.–States regulate drinking ages,

marriage, and speed limits.• States can solve the same problem in

different ways and tend to be policy innovators.

Page 29: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

““Pop” EssayPop” EssayHOW IS A PAPERCLIP LIKE FEDERALISM

Page 30: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

The Constitutional Basis of FederalismThe Division of Power

Supremacy Clause: Article VI of the Constitution states the following are supreme:

The U.S. Constitution

Laws of Congress

Treaties

Yet, national government cannot usurp state powers.

Tenth Amendment

Page 31: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

The Constitutional Basis of Federalism

• Establishing National Supremacy

–Implied and enumerated powers

• McCulloch v. Maryland (1819)

–Commerce Powers

• Gibbons v. Ogden (1824)

–The Civil War (1861-1865)

–The Struggle for Racial Equality

• Brown v. Board of Education (1954)

Page 32: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

The Constitutional Basis of FederalismStates’ Obligations to Each Other

Full Faith and Credit: Each state must recognize official documents and judgments rendered by other states.

Article IV, Section I of Constitution

Privileges and Immunities: Citizens of each state have privileges of citizens of other states.

Article IV, Section 2 of Constitution

Extradition: States must (?) return a person charged with a crime in another state to that state for punishment.

Page 33: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

Intergovernmental Relations TodayDual Federalism

Definition: a system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies

Like a layer cakeNarrowly interpreted powers of federal

government

Ended in the 1930s

Page 34: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

Cooperative Federalism

Definition: a system of government in which powers and policy assignments are shared between states and the national government

Like a marble cake

Shared costs and administration

States follow federal guidelines

Intergovernmental Relations Today

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Fiscal Federalism

Definition: the pattern of spending, taxing, and providing grants in the federal system

The cornerstone of the national government’s relations with state and local governments

Intergovernmental Relations Today

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Intergovernmental Relations Today

FEDERAL GRANTS TO STATES

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Intergovernmental Relations Today

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Fiscal Federalism

The Grant System: Distributing Federal $

Categorical Grants: federal grants that can be used for specific purposes; grants with strings attached

Project Grants: based on merit

Formula Grants: amount varies based on formulas

Block Grants: federal grants given more or less automatically to support broad programs

Grants are given to states and local governments.

Intergovernmental Relations Today

Page 39: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

Fiscal FederalismThe Scramble for Federal Dollars

$460 billion in grants every yearGrant distribution follows universalism—

a little something for everybody.

The Mandate BluesMandates direct states or local

governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant.

Unfunded mandates – Illegal from Feds

Intergovernmental Relations Today

Page 40: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS
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Page 42: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS
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Page 44: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

Understanding FederalismFederalism and the Scope of Government

What should the scope of national government be relative to the states?

National power increased with industrialization, expansion of individual rights, and social services.

Most problems require resources afforded to the national, not state governments.

Page 45: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

SummaryAmerican federalism is a governmental

system in which power is shared between a central government and the 50 state governments.

The United States has moved from dual to cooperative federalism; fiscal federalism.

Federalism leads to both advantages and disadvantages to democracy.

Page 46: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

Understanding Federalism• Advantages for

Democracy– Increases access to

government– Local problems can be

solved locally– Hard for political parties or

interest groups to dominate all politics

• Disadvantages for Democracy– States have different

levels of service– Local interest can

counteract national interests

– Too many levels of government and too much money

Page 47: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

AP CHAPTER 3 - FEDERALISMIMPORTANT TERMS

BLOCK GRANTSCATEGORICAL GRANTSCONDITIONS OF AIDCONFEDERATION (OR CONFEDERAL

SYSTEM)DEVOLUTIONDUAL FEDERALISMFEDERAL SYSTEMGRANTS-IN-AIDINTERGOVERNMENTAL LOBBYINTERSTATE COMMERCE

Page 48: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

AP CHAPTER 3 - FEDERALISM

IMPORTANT TERMSMCCULLOCH v MARYLAND (1819)MANDATESMEDICAIDNECESSARY-AND-PROPER CLAUSENEW FEDERALISMNULLIFICATIONREVENUE SHARINGSOVEREIGNTYTENTH AMENDMENTUNITARY SYSTEM

Page 49: CHAPTER 3 FEDERALISM. CONSTITUTIONAL DIVISION OF POWERS DELEGATED POWERS (NATIONAL / FED) EXPRESSED IMPLIED INHERENT RESERVED POWERS (STATES) LOCAL POWERS

AP CHAPTER 3 - FEDERALISMQUESTIONS

1-WHAT REASONS EXIST FOR STATES TO CONTINUE EXERCISING INDEPENDENT POWER?

2-CERTAIN AREAS OF NEVADA PERMIT PROSTITUTION; ALASKA UNTIL RECENTLY ALLOWED THE PRIVATE POSSESSION OF MARIJUANA. COULD THE FEDERAL GOVERNMENT LEGALLY FORBID SUCH PRACTICES? EXPLAIN WHY OR WHY NOT.

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AP CHAPTER 3 - FEDERALISMQUESTIONS

3-DOES THE SYSTEM OF GRANTS-IN-AID UPSET THE BALANCE OF FEDERALISM?

4-what is the connection between intergovernmental lobbying and grant-in-aid?

5-why can’t federal agencies attack problems by producing and implementing a coherent systematic policy?