AP AMERICAN GOVERNMENT Unit Two Part 2 The Constitution, and Federalism 2 1 Chapter 3 Outline and Learning Objective Defining Federalism 2.8 Interpret the definitions of federalism, and assess the advantages and disadvantages of the American system of federalism. The Constitutional Structure of American Federalism 2.9 Differentiate the powers the Constitution provides to national and state governments. The National Courts and Federalism 2.10 Assess the role of the national courts in defining the relationship between the national and state governments. The National Budget as a Tool of Federalism 2.11 Analyze the budget as a tool of federalism, and evaluate its impact on state and local governments. The Politics of Federalism 2.8 Evaluate the current relationship between the national and state governments and the future challenges for federalism. Unitary Complete control from the center Federal Shared power between the center and the local regions Confederal Complete control by the local regions 2 3 Back to learning objectives 1
Lines of Power in Three Systems of Government 3 4 Lines of Power in Three Systems of Government 3 5 Federalism: A Bold New Plan 3 6 Back to learning objectives 2
Federalism a political system where political power is shared between the national government and legitimate local governments Defining Back to learning objectives Back to learning objectives 3
DUAL FEDERALISM National Government ENUMERATED Article I, Section 8 Interstate Commerce Money War: Army, Navy Foreign Affairs: Tariffs, Treaties Overlap CONCURRENT Supreme Court Judicial Review McCulloch v. Maryland State Governments RESERVED Article I, Section 10 Police power Roads Education Municipalities -General Charter -Special Charter -Home Rule Charter The type of government has power vested in a central authority. LO 3.1 A. Unitary B. Federal C. Confederate Back to learning objectives The type of government has power vested in a central authority. LO 3.1 A. Unitary B. Federal C. Confederate Back to learning objectives Back to learning objectives 4
The Constitutional Structure of Federalism 2.9 Differentiate the powers the Constitution provides to national and state governments. Article I, Section 8 -What Congress CAN do Article I, Section 9 -What Congress CANNOT do Article I, Section 10 -What States CANNOT do Article IV -What States MUST do 2 13 Enumerated Reserved 2 14 Article IV of the US Constitution LO 3.2 Clause 1 Full Faith and Credit Clause 2 Interstate Privileges and Immunities Extradition Interstate Compacts Clause 3 Guarantee of Republican Government Back to learning objectives Back to learning objectives 5
Contradictions of Federalism Elastic Clause: Necessary and Proper Clause expands federal power Commerce Clause: gives Federal government right to regulate interstate commerce Tenth Amendment was added as an attempt to set limits on the national government s power Eleventh Amendment was added to give states Sovereign Immunity from lawsuits Article I, Section 8, Clause 3 of the US Constitution The Congress shall have power... To regulate commerce with foreign nations, and among the several states, and with the Indian tribes Commerce Clause Article I, Section 8, Clause 18 of the US Constitution "The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." Elastic Clause Back to learning objectives 6
Article VI, Clause 2 of the United States Constitution 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 the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding. Supremacy Clause The Tenth Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. The Eleventh Amendment The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. Adopted following the Supreme Court's ruling in Chisholm v. Georgia. In Chisholm, the Court ruled that federal courts had the authority to hear cases brought by private citizens against states. Back to learning objectives 7
Alexander Hamilton The First Federalist All communities divide themselves into the few and the many. The first are the rich and the well-born; the other the mass of the people... turbulent and changing, they seldom judge or determine right. Give therefore to the first class a distinct, permanent share in the Government... Nothing but a permanent body can check the imprudence of local democracy. speech to the Constitutional Convention concerning the United States Senate, 06/18/1787 Power to Federal Government Loose Interpretation Elastic Clause ( Necessary and Proper ) Commerce Clause Hamilton, Federalists Modern: Democrats or Republicans? Thomas Jefferson The First Anti-Federalist The States can best govern our home concerns and the general government our foreign ones. I wish, therefore...never to see all offices transferred to Washington, where, further withdrawn from the eyes of the people, they may more secretly be bought and sold at market. From the Papers of Thomas Jefferson, 1797 Back to learning objectives 8
Power to State Governments Strict Interpretation 10 th Amendment: All power to states 11 th Amendment: Sovereign Immunity Nullification: states can declare a Federal law void if they believe it is unconstitutional Jefferson, Anti-Federalists Modern: Democrats or Republicans? Moving to another State to escape perceived government oppression only works when 49 other States have the constitutional power to create their own unique "experiments" in governance. A dominant Central Government violates the federalism defined by the Constitution. Reforming the US in an era of terrorism and globalization requires remaking federalism at all levels. The Federal government should lead where it must and set strong, clear national goals for security and innovative growth which mixes money, mandates and flexibility. James Madison Original Federalist converted to Anti-Federalism The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. Federalist No. 45 Back to learning objectives 9
Power of State Governments Constitution is minimum standard Can be more Democratic Initiative: public passes law Referendum: public vetoes law Recall: public removes official from office Why Federalism? LO 3.1 Advantages Checks the growth of tyranny Allows unity without conformity Encourages experimentation and flexibility Provides training and develops leaders Keeps government closer to the people Disadvantages Difficult to respond quickly to national problems Blocks Progress and protects local interests Lack of uniformity leads to conflict Variation in policies creates redundancies and inefficiencies Back to learning objectives 10
State-only powers are known as. LO 3.2 A. Concurrent B. Reserved C. Extradition D. Supremacy Back to learning objectives State-only powers are known as. LO 3.2 A. Concurrent B. Reserved C. Extradition D. Supremacy Back to learning objectives What area makes it difficult to move away from central control? LO 3.5 A. Education B. Homeland security C. Immigration D. All of the above Back to learning objectives Back to learning objectives 11
What area makes it difficult to move away from central control? LO 3.5 A. Education B. Homeland security C. Immigration D. All of the above Back to learning objectives The National Courts and Federalism 2.10 Assess the role of the national courts in defining the relationship between national and state governments. Judicial Review McCulloch v. Maryland (1819) Federal law is supreme over state law, and the power granted to the federal government should be interpreted broadly McCulloch v. Maryland THE FACTS The US congress passed a law in 1816 authorizing the creation of a National Bank. The state of Maryland pass a law to tax all transactions of the National Bank branch located in Maryland. James McCulloch, head of the Baltimore branch of the National Bank refused to pay the tax. The state of Maryland filed in state court to compel McCulloch to pay. On appeal, the Maryland state Supreme Court held for Maryland because the Constitution did not specifically state that the Federal Government was authorized to charter a bank, the Bank of the United States was unconstitutional. McCulloch appealed to the US Supreme Court Back to learning objectives 12
McCulloch v. Maryland THE DECISION The US Constitution is Supreme Law The Federal government, though limited, is supreme within its sphere Therefore, the US Supreme Court can rule on the Constitutionality of state laws Article I, section 8 explicitly gives the US congress the power to tax and spend The Elastic clause of the Constitution grants to Congress implied powers to implement the Constitution's express powers if it is not explicitly forbidden by the Constitution Therefore, State action may not impede valid constitutional exercises of power by the Federal government. Congress has the power to charter the bank Interpretations of the Constitution Strict interpretation (Originalist) The constitution is to be followed exactly to the word as the writers intended it to be; the process of change should be through Amendment. Loose interpretation (Adaptive) Powers implied within the Constitution should be included in the new government to fit changes over time as intrepreted by the Courts. Obamacare in the Courts Back to learning objectives 13
The National Budget as a Tool of Federalism 2.11 Analyze the budget as a tool of federalism, and evaluate its impact on state and local governments. Grants-in-Aid Originally given by Federal Government to help states fulfill Constitutional duties: Militia and Educational land grants Categorical or Conditional Grants for specific purposes, and usually require matching funds (90/10); roads and police Mandates Federal Regulations requiring states to fund and be reimbursed; Civil rights, environment, ADA Grants-in-Aid Eventually leads to Intergovernmental Lobbying States and cities send lobbyists to Washington to get their fair share of grant money Pork Barrel Spending Earmarks spending amendments for specific purposes for special interests in districts Log Rolling - trading votes to get amendments passed in budget bill Richard Nixon 1968-1974 Impounding Funds pocket veto Unconstitutional Train v. City of New York, 1975 Back to learning objectives 14
Ronald Reagan 1980-1988 The New Federalism Deregulation Devolution Block Grants Revenue Sharing Devolution Attempt to give power and responsibility for decisionmaking back to the states Devolution Block Grants (Broad-based grant) Operational (police) Capital (roads, infrastructure) Entitlement (welfare, education) Revenue Sharing Distributed by formula derived from census statistics Back to learning objectives 15
Bill Clinton 1992-2000 Elimination of Revenue Sharing Freeze on Block Grants Increase in Categorical Grants $27 billion worth of earmarks over 8 years Line Item Veto Act Unconstitutional: Clinton v. City of New York, 1998 George W. Bush 2000-2008 Attempt to increase Block Grants Substantial increase in earmarks 55,000 worth $100 billion But make up less up less than 1% of the federal budget Municipalities Cities, towns, counties, and districts have no Constitutional protections. They exist at the pleasure of the state government. Municipal Corporations General Act Charter what city CAN do Home-Rule Charter what city CANNOT do Back to learning objectives 16
Municipalities Is Fort Lauderdale Home Rule or General Act? Who is the Mayor of Fort Lauderdale? Is Miami-Dade Home Rule or General Act? Who is the Mayor of Miami-Dade? Municipalities Is Fort Lauderdale Home Rule or General Act? Who is the Mayor of Fort Lauderdale? Jack Seigler Is Miami-Dade Home Rule or General Act? Who is the Mayor of Miami-Dade? Carlos Gimenez Municipalities (Miami Herald) March 15, 2011. An overwhelming majority of voters in Miami-Dade county have decided to chuck their mayor out of office before the end of his term. Almost 90% of voters chose to oust Carlos Alvarez in the biggest recall of a local politician in American history. Alvarez, a Republican, was elected to a second term in 2008 but his popularity crumbled after a series of missteps, including a massively unpopular 14% hike in property taxes. Back to learning objectives 17
Who of the following would have been a strict constructionist? LO 3.3 A. Abraham Lincoln B. Franklin Delano Roosevelt C. Ronald Reagan D. All of the above Who of the following would have been a strict constructionist? LO 3.3 A. Abraham Lincoln B. Franklin Delano Roosevelt C. Ronald Reagan D. All of the above are used for very strict controls of what states are doing in a general purpose. LO 3.4 A. Categorical-formula grants B. Project grants C. Block grants D. Unfunded mandates Back to learning objectives 18
are used for very strict controls of what states are doing in a general purpose. LO 3.4 A. Categorical-formula grants B. Project grants C. Block grants D. Unfunded mandates Back to learning objectives 19