Federalism. A system of shared power between two or more levels of government
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1 Federalism A system of shared power between two or more levels of government
2 Not A unitary government All power in central government Example? A confederation Most power is in the hands of components Example?
3 Draw a picture of Unitary government Confederation Federalism
4 Strong National Government vs. States Rights Federal Government: Clause The Constitution Laws of the National Government Treaties VS. States Government: Amendment All jurisdiction over anything not specifically assigned by the Constitution
5 Strong National Government vs. States Rights Federal Government: Supremacy Clause The Constitution Laws of the National Government Treaties VS. States Government: Tenth Amendment All jurisdiction over anything not specifically assigned by the Constitution
6 Growing Power of Federal Government Four Key Events Leading to the Growth Elaboration of doctrine of implied powers Supreme Court Case: The definition of the commerce clause Supreme Court Case: Congress has certain implied powers beyond enumerated powers Civil War State vs federal government Civil Rights Supreme Court Case:
7 Growing Power of Federal Government Four Key Events Leading to the Growth Elaboration of doctrine of implied powers Supreme Court Case: McCullouch vs. Maryland The definition of the commerce clause Supreme Court: Gibbons vs. Ogden Congress has certain implied powers beyond enumerated powers Civil War State vs federal government Civil Rights Brown v. Board of Education
8 What did McCulloch vs. Use these words: Maryland decide? Bank Maryland Implied Elastic
9 State s Influence on National Government and Vice Versa A. States Influence National Law 1. New idea comes from state and becomes national law. 2. States have maintained power and federal government has created new type of power. a. Constitutional Amendments b. legislative mandates c. judicial interpretation
10 Obligations of national government to the states A. Guarantee each state a republican form of government B. Protect each state against invasion of domestic violence C. Grant new states the same rights as other states
11 Obligations of State Governments A. clause- each state honor the public acts, records and legal proceedings of other states 1. Birth certificates, marriages, debts, etc. a. Marriage- How does the Defense of Marriage Act get in the way of this? B. clause- each state must grant to citizens of other states the same rights and privileges to their own citizens 1. States cannot unreasonably discriminate against citizens of other states C. - Governors must return suspects to the state in which they allegedly commitments their crimes D. Interstate compacts require consent of Congress
12 Obligations of State Governments A. Full faith and credit clause- each state honor the public acts, records and legal proceedings of other states 1. Birth certificates, marriages, debts, etc. a. Marriage- How does the Defense of Marriage Act get in the way of this? B. Privileges and Immunities clause- each state must grant to citizens of other states the same rights and privileges to their own citizens 1. States cannot unreasonably discriminate against citizens of other states C. Extradition- Governors must return suspects to the state in which they allegedly commitments their crimes D. Interstate compacts require consent of Congress
13 The Constitution and Federalism Which part of the Constitution ignites the debate about federalism?
14 The Constitution and Federalism Which part of the Constitution ignites the debate about federalism? Article 1, Section 8, which enumerates the power allotted to Congress and includes the necessary-and-proper clause, and the Tenth Amendment.
15 Growth of Federal Government A. National government uses state/local government to administer programs that are federally funded 1. Purpose of federal grants a. Reduces growth of federal bureaucracysimply provides money to states and has states run programs b. Supplies state and local governments with needed revenue
16 c. Establishes minimum federal standards in important areas - air quality, water quality d. Equalizes resources among rich and poor states
17 Types of Grants What is the difference among Categorical, Project, and Block grants?
18 Categorical 1. For specific programs a. roads, airports, housing, etc. 2. National government agrees to pay a portion of the costs of these, and states pick up the balance a. sometimes called formula grants 3. States don t have to accept these, but if they do they must comply with federal standards
19 Project 1. States apply for grants for specific projects 2. Grantsmanship state competition for grants has led to development of the fine art of grant writing
20 Block Grant 1. Granted to support a collection of general programs a. e.g. urban development, transportation) - More state leeway b. Related to the 104 th and 105 th Republican Congress and devolution of power back to states.
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