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Federalism

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Title: Federalism Author: Joe Braunwarth Last modified by: Beckman, John R. Created Date: 5/3/2001 3:26:16 AM Document presentation format: On-screen Show (4:3) – PowerPoint PPT presentation

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Title: Federalism


1
Federalism
  • US Govt Beckman
  • From
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2
Federalism
  • What is Federalism?
  • Power is constitutionally divided between a
    central government and regional governments
    (states)
  • Most democracies are Unitarian central
    government has complete power over constituent
    units

3
Why Federalism?
  • Hamilton
  • Prevent Tyranny of government by dividing power
    between nation and state
  • More opportunities for citizen participation
  • Allows states to experiment with their own laws

4
Why Federalism?
  • Also, only choice framers had
  • States were not going to give up all of their
    power to a central government
  • States were very different and had different
    economies
  • Is and was a big country
  • Needed different governments

5
Evolution of Federalism
  • Original Idea
  • States would do most of what needed to be done
  • National government would have certain
    enumerated or express powers
  • Look at Article I, Section 8 of Constitution
  • States were the most important entity into the
    20th century (10th amendment)

6
Make a Three Column Chart
  • What decisions do you believe your parents or
    guardians should make for you?
  • What decisions should you be able to make
    yourself?
  • What decisions should be made cooperatively?

7
Analyze your responses
  • Did every student in the class have the same
    perspective about who should make certain
    decisions?
  • Have you and your parents or guardians ever had a
    conflict over who gets to make certain decisions?
  • Why is it important that some decisions are made
    exclusively by parents or guardians?

8
Should the States or the Federal Government
  • admit new states
  • provide for public safety
  • borrow money
  • establish and maintain schools
  • negotiate treaties with foreign countries
  • protect public health
  • determine the qualifications of voters
  • set up a post office
  • set rules for immigration
  • maintain the state militia (aka the National
    Guard)
  • declare and engage in war
  • conduct elections
  • print and coin money
  • govern marriage laws
  • maintain an army, navy, and air force
  • regulate interstate and foreign commerce
  • regulate intrastate commerce
  • punish lawbreakers
  • levy and collect taxes
  • protect the rights of citizens
  • set traffic standards

9
Federalism National, State, and Concurrent Powers
10
How Federalism has Changed
  • Originally Dual Federalism
  • Each level has its own specified powers
  • Analogous to a Layer Cake
  • Now Cooperative Federalism
  • Shared powers, not separate
  • More like a Marble Cake

11
Evolution of Federalism
  • In 20th Century the scope of national government
    expanded dramatically
  • Why?
  • National effort required for the World Wars, the
    Great Depression, etc.
  • How has the world changed since 1787?
  • Technological, Industrial, and Economic Growth
    required organization and oversight on a national
    level

12
How did the National Government Grow?
  • Different roles clearly spelled out in
    Constitution
  • 10th amendment reserves most power to the states
  • The Civil War was essentially fought over the
    relative power of State and Federal governments
  • Note the federal power in 13th, 14th, 15th
    amendments
  • This remains a contentious topic

13
How does your Government Grow?
  • If we were willing to fight a Civil War over the
    balance of power between the state and federal
    governments and the Constitution clearly spells
    out those powers, HOW has the central government
    taken on so much power?
  • Primarily and Constitutional Interpretation
  • State and Local governments receive a lot of
    federal funding
  • This money comes with strings
  • He who pays the piper calls the tune
  • This is why the drinking age is 21 nationwide

14
Federal Grants to State and Local Governments
15
How does your Government Grow?
  • Constitution is vague
  • Interpreted to allow the federal government
    implied powers
  • Article I, Section 8
  • Necessary and Proper (Elastic) clause
  • Commerce clause (can you think of any commerce
    that is carried out solely within one state?)
  • Article VI, Section 1 Supremacy clause

16
Commerce Clause
  • Why would we want the Federal government to
    regulate commerce?
  • 50 different rules would be inefficient for
    business

17
Smokestack Chasing
  • We live in a mobile society
  • States are competing for jobs
  • In order to attract business, how much emphasis
    do they place on business regulation, worker
    protections, environmental regulations, etc.?
  • If want certain levels of these things, must do
    at the federal level
  • Otherwise problems can Spill Over from one
    state to another
  • This is why conservatives support states rights

18
Recent Changes
  • The erosion of state authority has turned around
    in recent years
  • The Rehnquist Court has made a number of
    decisions giving the states broad sovereign
    immunity from federal laws
  • Limits the ability of individuals to sue state
    entities for overtime pay, patent infringement,
    or discriminatory practices
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