3. Unitary Confederal Federal
• National • States have • Shared
Government control over Authority by
controls Central Constitution
lower levels Government • Concurrent
– Education, which is Powers
police, land mostly
use, welfare • Central &
administrative Regional
and funding
– European
of local Governments
government Union (EU).
Supreme in
activities
their sphere
5. Federal Powers vs. State Powers • States of individual
jurisdiction (power)
• Strong national
government for common
issues
– Allows the federal
government to spread
responsibility
– Political authority spreads
• Political subcultures develop
– Allows citizens to be more
involved
6. Federalism, Freedom and the
Constitution
• States can block
progress of the federal
government
• State inequality
• Tyranny of the majority
7. • National Government Powers
– 3 Types
• National Power
• State Power
• Prohibited Power
13. Article IV–S1
Gives full faith
and credit to Article IV–S2
every other Extend to every
state’s public Article IV–S2
other states’
acts, records, citizens the Agree to return
and judicial privileges and persons who are
proceedings. immunities of fleeing from
its own citizens. justice in
another state
back to their
home state when
requested to do
so.
15. John Marshall’s View of Federalism
McCulloch v. Maryland (1819)
Gibbons v. Ogden (1824)
16. States’ Rights and the Resort to Civil War
Government expanded role by increasing spending
for war effort. Income taxes were introduced to
defray costs associated with war. Pension and
widow benefits expanded the national
government’s role in social enterprises. There was
a freeze on civil liberties.
17. Expanded the role of
national government
Abolished slavery
through the 13th, 14th,
and 15th Amendments
18. Dual Federalism (Layered Cake Federalism)—a model of
federalism in which the states and the national
government each remain supreme within their own
spheres. The doctrine looks on national and state as co-
equal sovereign powers. Neither the state government
nor the national government should interfere in the
other’s sphere.
19. Supreme Courting
Supreme Court Obamacare
• The Court allowed the national government
to intervene in state activities through
grants and subsides.
• The Court barred the national government
from regulating matters that the Court
considered to be purely local issues
20. The New Deal
At the time, the largest
expansion of national
government, with the
passage of National
Recovery Act of 1933
(NRA), that included
legislation to provide
codes for every industry
to restrict competition
and regulate labor
disputes.
http://www.thedailyshow.com/watch/tue-october-4-2011/indecision-2012---the-great-right-hope---the-manchurian-candi-
dad
21. The Supreme Court
challenged Roosevelt’s
authority, which
promoted dual
federalism.
• The Court rejected the
NRA on the ground that
it regulated intrastate,
nor interstate,
commerce.
• The Court struck down
several key pieces of the
“New Deal”.
23. State
Local
Federal
Education
Infrastructure
Health
Agriculture
Infrastructure
Anti-Poverty
Urban Development
24. Formula based grants use a formula based on variables such
as the state’s needs, population, or willingness to match
funds. Program grants requires states to apply for grants for
specific programs.
25. $ For FY 2009, the – Categorical Grants
national government −Due to the recent
gave $538 billion to the Great Recession,
states states have had to
$ Formula based rely on the national
$ Program based government for
increased funding.
−States continue to
turn to the national
government for
bailouts to ensure
survival.
26. US Dept of Ed -
$36.5 Billion
Fed Says 1.1 Billion to
MI
MI says Fed Gave 1.3
Billion Source: http://www.mackinac.org/8552
27. Programs like NCLB take a ―one size fits
all‖ approach to traditional state and
local responsibilities. The results are
states must adjust its curriculum and
placate to policymakers in order to
receive funding. Programs that may be
successful at the local and national level
oftentimes are not successful at the
national level because of lengthy
requirements and the lack of funding to
implement programs.
28.
29. − Congress passes the costs
associated with legislation to states
and localities. Waivers allow states
to experiment innovative
approaches in the implementation
of mandates
− Examples—environmental; voter
registration; education of people
with disabilities, transportation,
healthcare, homeland security,
election laws, etc.
33. • The ―New Federalism‖
– Embraced by Republican
Presidents Nixon and
Reagan
− Conversion to block grants
for state spending
flexibility
− Revenue sharing by
federal, state and local
governments
34. − Bill Clinton signed legislation that
transferred significant control over welfare
programs back to the states.
− George W. Bush increased federal
control over education and educational
funding.
− Devolution—the transfer of powers from
a national or central government to a state
or local government. New Federalism
involved in conversion of categorical grants
into block grants, thereby giving states
more flexibility in spending.
35. In the 1930s, the Court expanded the
role of the national government
through the broad interpretation of
the commerce clause. In the 1990s,
the Court has tended to give greater
weight to states’ rights. The Court
ruled that Congress’ Gun-Free
School Zones Act in 1990 was
unconstitutional; it attempted to
regulate an area that had ―nothing to
do with commerce, or any sort of
economic enterprise.‖
36. – The Court has given weight
to states’ rights
− United States v. Lopez
(1995)
− Invalidated federal
provision requiring
states to provide
background checks of
prospective handgun
purchasers
37. • The Court Sends Mixed
Messages
– The Court has backed
federal government’s
position
− States are not
protected against
discrimination based
on gender or disability.
− Federal government
triumphs California’s
medical marijuana
legalization laws.
38. The Court Sends Mixed Messages
• Massachusetts v. EPA (2007)—MA,
several states, cities, and
environmental groups argued that the
EPA refuted claims of the lack of
authority to regulate carbon dioxide
and other greenhouse-gases
• The Court ruled that the EPA could
choose not to regulate auto emissions
and other heat-trapping gases, but only
if it could provide scientific basis for its
refusal.
39. The Court Sends Mixed Messages
− In 2008, under the Bush
Administration, Massachusetts filed
suit for the EPA avoiding the opinion.
− In 2009, the Obama Administration
declared the pollutants endangers the
public welfare.
− The EPA granted California and
thirteen other states, and Washington,
D.C. a waiver in June 2009 that allows
them to impose tougher tailpipe
emissions. The Bush Administration
had previously denied the waiver
request.
Notas do Editor
Unitary System—a centralized governmental system in which ultimate governmental authority tests in the hands of the national, or central, government. Examples of unitary systems—Britain, Egypt, Ghana, Israel, Japan, Philippines, and Sweden. Confederal System—a system consisting of a league of independent states, each having essentially sovereign powers. The central government created by such a league has only limited powers over the states. Examples of confederal systems—EU. Federal System—in a federal system, authority is divided, usually by a written constitution, between a central government and regional, or subdivisional, governments. Both act directly on the people through laws and through the actions of elected and appointed governmental officials. Examples of federal systems—US, Australia, Brazil, Canada, Germany, India, and Mexico.
Enumerated Powers—powers specifically granted to the national government by the Constitution. The first seventeen clauses of Article I, Section 8, specify most of the enumerated powers of the national government.Elastic Clause, or Necessary and Proper Clause—the clause in Article I, Section 8, that grants Congress the power to do whatever is necessary to execute its specifically delegated powers.
Police power—the authority to legislate for the protection of the health, morals, safety and welfare of the people. In the United States, most police power is reserved to the states.
Concurrent Powers—powers held jointly by the national and state governments.Prohibited Powers—both the national government and state governments are denied a number of powers to both governments.The Supremacy Clause—the constitutional provision that makes the Constitution and federal laws superior to all conflicting state and local laws.
Concurrent Powers—powers held jointly by the national and state governments.Prohibited Powers—both the national government and state governments are denied a number of powers to both governments.The Supremacy Clause—the constitutional provision that makes the Constitution and federal laws superior to all conflicting state and local laws.
Vertical Checks and Balances—involve relationships between the states and the national government.Horizontal Checks and Balances—involve the relationship between the branches of government that are on the same level.
Article IV, Section 1—give full faith and credit to every other state’s public acts, records, and judicial proceedings.Extend to every other states’ citizens the privileges and immunities of its own citizens.Agree to return persons who are fleeing from justice in another state back to their home state when requested to do so.
Interstate Compacts—agreement between two or more states. Agreements on minor matters are made without congressional consent, but any compact that tend to increase the power of the contracting states relative to other states or relative to the national government generally requires the consent of Congress.
Commerce Clause—the section of the Constitution in which Congress is given the power to regulate trade among the states and with foreign countries. Justice Marshall defined commerce as all commercial intercourse—all business dealings—including navigation and the transport of people.
Government expanded role by increasing spending for war effort. Income taxes were introduced to defray costs associated with war. Pension and widow benefits expanded the national government’s role in social. Freeze on civil liberties.