Essential Questions: Federalism

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1 Essential Questions: Federalism What is the purpose of a federal type of government? What are the powers of the federal and state governments? In what way does the federal government exercise its power over the states? How has federalism evolved over time? What are the positive and negative outcomes of federalism?

2 Key Objectives Part I -compare and contrast positive and negative effects of federalism -define federalism as it relates to America s political system -list and define the types of powers for each level of government -identify the central purpose of federalism

3 Federalism Federalism Government system by which power is shared among state and federal governments. Importance of Federalism - the most persistent source of conflict in American history Ex. Civil war, Oregon suicide law, No Child Left Behind, Abortion

4 What did your founding forefathers intend to create? (at the least) A security check on power and a device to protect liberty. Hamilton; Federalist #28 If their rights are invaded by either, they can make use of the other as the instrument of redress. Does Federalism protect liberty? Good Bad Provides a testing -promotes discrimination ground or laboratory allowing majorities to pass legislation at the state level to promote harmful to national interests. national support ex. Jim Crow laws, Gay Ex. Women s right to marriage Vote, gay marriage

5 Powers of State/Fed Government Federal Government State Government Expressed written in Reserved 10th Amendment ; constitution anything not Ex. To coin money, to declare war, prohibited by constitution issue patents (Article 1, Section 8) or preempted by federal law Ex. Implied powers suggested by Expressed powers Ex. Elastic Clause Necessary and Proper clause: It is the Expressed powers that allow congress to coin money but through the the implied Powers congress can establish a national bank Concurrent Shared by both Ex. Collecting taxes

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7 Example Expressed powers - Thou shall not express thyself inconsistent with a proper learning environment while the Stockman is instructing or a leg will be removed. Reserved powers - All powers not granted to the Stockman in the classroom Constitution are reserved for the students. Implied powers - proper learning environment clause

8 Powers denied to each level of government Fed. Laws reserved to the states, spending unauthorized money or taxing exports States make money, go to war, or make treaties Both Bill of Rights

9 Key Objectives Part II -evaluate the evolution of federalism by defining types of federalism -compare and contrast types of fiscal federalism -define devolution revolution and list examples of its impact on state-federal relationships

10 Types and Brief History of Federalism Dual Federalism - (Layered cake;post civil war ;co-equals) State and Federal Gov t equally share supreme power; large group of powers to the state and powers to the Federal Gov t limited to those explicitly listed in the constitution.

11 Cooperative Federalism - (Marble cake;post 1930 to 1980,) Power was shifted to the National Gov t Ex. Education, Civil Rights Laws, Great Society, New Deal

12 New Federalism - (post 1980) Transferring of power back to the states (Devolution Revolution) the era of big government is over ex. TANF, US vs. Lopez -Second order Devolution; States giving power to local governments ex. reduction in LGA for local projects -Third order Devolution; local governments giving power to the people ex. - referendums

13 Fiscal Federalism - Block Grants given to states to mandate or offer conditions of aid to force federal initiatives. Ex. Highway Funds, No Child Left Behind

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15 Key Objectives Part III -list and define examples of implied powers in describing the growing role of the federal government -compare and contrast the positive and negative outcomes of federalism

16 Meaning of Federalism today? - Due to confusion at its inception, the Supreme Court over the years has kept its true meaning in flux. Examples of Federal power through implied powers; Elastic Clause - Article I, Section VIII "to make all laws which shall be necessary and proper for carrying into execution the foregoing power, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof... Commerce Clause - Article I, Section 8, Clause 3 "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Supremacy Clause - Article VI, Paragraph 2 "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 Supreme Law of the land; and the Judges in every state shall be bound thereby, any thing in the Constitution or Laws of any state to the contrary notwithstanding."

17 Examples of State powers State Police Power - Laws and regulations that promote health, safety, and morals that are not unconstitutional. Ex. Prostitution, mandatory school

18 Positives of Federalism Negatives of Federalism -greater local control -creates conflict and -more participation complexity -more checks on power -inefficiency (more competition between govts) -more legal battles