Chapter Three: Federalism

Transcription

1 Chapter Three: Federalism

2 Learning Outcomes 1. Define the terms unitary system, confederal system and federal system. 2. Explain some of the benefits of the federal system for the United States. 3. Describe how the various provisions of the U.S. Constitution provide a framework for federalism. Copyright 2014 Cengage Learning 2

3 Learning Outcomes 4. Discuss how, in the early years of the republic, the United States Supreme Court confirmed the authority of the national government. 5. Summarize the impact of the U.S. Civil War and President Franklin Roosevelt s New Deal on the historical development of federalism. Copyright 2014 Cengage Learning 3

4 Learning Outcomes 6. Define cooperative federalism, and discuss its impact on the states. 7. Explain the accomplishments of national authority and the arguments for re-emphasizing states rights. 8. Detail recent Supreme Court rulings that affect the distribution of power between the national government and the states. Copyright 2014 Cengage Learning 4

5 Three Systems of Government Unitary System Central government gives power to subnational governments Local governments have only powers granted by central government Majority of nations Copyright 2014 Cengage Learning 5

6 Three Systems of Government Confederal System Power retained by local or regional governments League of independent states European Union Copyright 2014 Cengage Learning 6

7 Three Systems of Government Federal System Authority divided between national and lower level governments Each government has distinct powers that other governments cannot override Australia, Brazil, Canada, Germany, India, Mexico, United States Copyright 2014 Cengage Learning 7

8 Why Federalism? Retains state powers and establishes strong national government Large geographical size (brings government closer to people) State governments as training grounds and political laboratories Allows for many political subcultures Copyright 2014 Cengage Learning 8

9 Why Federalism? Arguments Against Federalism Way for powerful states to block plans Domination by single group Inequalities across states Expansion of national powers (at expense of states) Copyright 2014 Cengage Learning 9

10 Federalism Advantages Permits diversity, diffusion of power Local governments can handle local problems More access points for political participation Protects individual rights Fosters experimentation and innovation Suits large country with diverse population Disadvantages Makes national unity difficult to achieve, maintain State governments may resist national policies May permit economic inequality, racial discrimination Law enforcement and justice are uneven Smaller units may lack expertise and money Copyright 2014 Cengage Learning 10

11 The Flow of Power in Three Systems of Government Figure 3-1 Copyright 2014 Cengage Learning 11

12 The Constitutional Basis for American Federalism Powers of the National Government Enumerated powers Implied powers Inherent powers (all sovereign nations) Copyright 2014 Cengage Learning 12

13 The Constitutional Basis for American Federalism Powers of State Governments Tenth Amendment guarantees Reserved powers Police power Copyright 2014 Cengage Learning 13

14 The Constitutional Basis for American Federalism Prohibited Powers Applies to both national and state governments Concurrent Powers Mostly implied Power to tax, borrow funds, establish courts, charter banks and corporations Some police powers Copyright 2014 Cengage Learning 14

15 The Constitutional Basis for American Federalism Supremacy Clause Article VI mandates national government actions as supreme National government legislation preempts state or local regulations Copyright 2014 Cengage Learning 15

16 The Constitutional Basis for American Federalism Vertical checks and balances Relationships between states and national government Reserved powers of the states Interstate relations Full faith and credit Citizen privileges and immunities Agree to return fugitives from justice Copyright 2014 Cengage Learning 16

17 The Supreme Court Defines the Powers of the National Government McCulloch v. Maryland (1819) National supremacy doctrine Gibbons v. Ogden (1824) Defines commerce clause Regulating interstate commerce is exclusive national power Copyright 2014 Cengage Learning 17

18 From the Civil War to the New Deal Shift back to States Rights Jacksonian Era ( ) Major issue: regulation of state commerce Divisions grow between North & South Confederate States of America forms Copyright 2014 Cengage Learning 18

19 From the Civil War to the New Deal War and the Growth of National Government Increase in political power of national government First national government budget & income tax Civil War Amendments Copyright 2014 Cengage Learning 19

20 From the Civil War to the New Deal Dual Federalism and the Retreat of National Authority Nation and state as co-equal sovereign powers (layer cake federalism) Revival of states rights Limited national power Copyright 2014 Cengage Learning 20

21 From the Civil War to the New Deal The Supreme Court barred the national government from regulating matters that the Court considered to be purely local issues. Copyright 2014 Cengage Learning 21

22 From the Civil War to the New Deal The New Deal and the End of Dual Federalism New Deal legislation expands national authority Supreme Court challenges fail to limit national government growth Copyright 2014 Cengage Learning 22

23 Cooperative Federalism and Its Impact on the States Cooperative federalism Roosevelt s programs funded by federal government, but administered by state and local governments Marble-cake federalism Copyright 2014 Cengage Learning 23

24 Cooperative Federalism and Its Impact on the States Federal grants to the states Categorical grants Block grants Fiscal federalism and state budgets Strings attached to federal grants Federal mandates Competitive federalism Copyright 2014 Cengage Learning 24

25 The Shift toward Central Government Spending Copyright 2014 Cengage Learning 25

26 The Rise in Federal Transfers to State and Local Governments Figure 3-3 Copyright 2014 Cengage Learning 26

27 The Politics of Federalism What has national authority accomplished? States rights have been associated with conservatism, and national authority has been associated with liberalism. Why? New Deal Great Society and War on Poverty Copyright 2014 Cengage Learning 27

28 The Politics of Federalism The New Federalism Devolution Revenue sharing Federalism today Welfare reform (Clinton) No Child Left Behind (Bush) Conservatives vs. Obama administration Copyright 2014 Cengage Learning 28

29 Federalism and Today s Supreme Court Trend toward states rights Commerce clause Protects states rights under Tenth and Eleventh Amendments Court sends mixed messages Discrimination suits based on gender or disability Medical marijuana Assisted suicide Copyright 2014 Cengage Learning 29

30 Federalism and Today s Supreme Court Copyright 2014 Cengage Learning 30

31 Questions for Critical Thinking? Does Congress have the power to mandate that states set aside a percentage of its surplus in an interest accruing account, only to be used in economic emergencies? Copyright 2014 Cengage Learning 31

32 Questions for Critical Thinking? Has the Courts interpretation of Necessary and Proper Clause gone beyond the scope of its original intent? Copyright 2014 Cengage Learning 32

33 Questions for Critical Thinking? If states are responsible for the health of its citizens, how can the national government force states to implement national health care legislation? Copyright 2014 Cengage Learning 33

34 Questions for Critical Thinking? Which model of federalism is the best model to address current issues facing localities, states, and the national government? Copyright 2014 Cengage Learning 34

35 Questions for Critical Thinking? Should the federal government be responsible for sharing the costs associated with unfunded mandates? Copyright 2014 Cengage Learning 35

36 Questions for Critical Thinking? In your opinion, what lies ahead for immigration reform? What is the solution to problems associated with national immigration policy? Copyright 2014 Cengage Learning 36