What is public opinion? - PowerPoint PPT Presentation

1 / 32
About This Presentation
Title:

What is public opinion?

Description:

3-* Federalism Concurrent Powers Many of the powers in the Constitution are considered concurrent powers, ... if they gather enough petition signatures, ... – PowerPoint PPT presentation

Number of Views:78
Avg rating:3.0/5.0
Slides: 33
Provided by: Amanda214
Category:

less

Transcript and Presenter's Notes

Title: What is public opinion?


1
(No Transcript)
2
Federalism
  • Federalism is the sharing of power between a
    national government and various state or regional
    governments.
  • Most of the early colonists came from Great
    Britain, which at the time was a monarchy.
    Today, Great Britain has a parliamentarian style
    constitutional monarchy, but it is also a unitary
    state.
  • A unitary state is a state or country wherein the
    national government holds most of the power, and
    devolves a small amount to local or regional
    governments.
  • After the Revolutionary War, this countrys first
    experiment with democracy came in the form of a
    confederacy.
  • A confederacy is a group of states that hold most
    of the power and devolve a limited amount to a
    central government.

3
Why Federalism?
  • There are a variety of reasons that the colonists
    preferred a federal form of government.
  • Protection from common enemies
  • A sense of nationalism (nation-state)
  • - A nation is a political unit whose people share
    a sense of common identity.
  • A strong sense of loyalty to their states

4
Why Federalism? (Contd)
  • The biggest benefit of federalism is that it
    mixes the best features of confederal and unitary
    systems.
  • It allows for the creation of a large republic
    that can offer common defense, economic
    prosperity, and political and social diversity.
  • At the same time, it allows individual states to
    maintain much of their authority and local
    political and social customs.

5
Confederal, Unitary, and Federal Systems of
Government
6
Enumerated Powers
  • The Constitution spells out the powers that are
    granted to the states and those that are granted
    to the national government.
  • Enumerated powers are those expressly granted to
    Congress in the Constitution.
  • Raising armies
  • Declaring war
  • Setting rules for granting citizenship
  • Levying and collecting taxes for the general
    welfare
  • Borrowing money
  • Regulating interstate and foreign commerce

7
Necessary and Proper Clause
  • The framers knew it would not be able to
    enumerate all of the powers of Congress
    explicitly, so they added the Necessary and
    Proper Clause.
  • The Necessary and Proper Clause, aka the Elastic
    Clause is found in Article I, Section 8 it
    gives Congress the power to pass all laws
    necessary and proper to the powers enumerated in
    Section 8.

8
Reserve Powers
  • The Constitution did not originally list state
    powers. They were assumed to be all those not
    granted to Congress. However, the Tenth
    Amendment to the Constitution was added to grant
    reserve powers to the states.
  • The Tenth Amendment states that any rights not
    granted to Congress nor specifically denied to
    the states in the Constitution are considered the
    right of the states and their people.

9
Concurrent Powers
  • Many of the powers in the Constitution are
    considered concurrent powers, meaning both the
    national and state governments have the power.
  • Taxing
  • Borrowing and spending money
  • Making and enforcing laws
  • Establishing court systems
  • Regulating elections
  • Healthcare
  • Education

10
Concurrent Powers Examples of National, State,
and Shared Powers
11
Limits on Power
  • In addition to granting powers, the Constitution
    also denies Congress and the states specific
    powers.
  • Congress cannot
  • Suspend the right to a writ of habeas corpus
    (the right to see a judge once arrested).
  • Pass bills of attainder (laws that declare an
    individual guilty of a crime).
  • Pass ex post facto laws (laws that makes
    something illegal after the fact).
  • Ban the importation of slavery until 1808.

12
Limits on Power (Contd)
  • States cannot
  • Pass bills of attainder
  • Pass ex post facto laws
  • Create titles of nobility
  • Enter into a treaty or alliance with foreign
    government
  • Tax imports or exports
  • Deny any person due process or equal
    protection (Equal Protection Clause)
  • Deny any person the right to vote based on race
    or sex or age
  • Guarantee Clause
  • Provides a federal government guarantee that the
    states will have a republican form of government,
    as opposed to a direct democracy

13
Relations between National and State Governments
  • The Supremacy Clause (Article 6)
  • Makes federal laws supreme over state laws
  • Tenth Amendment
  • States that all powers not delegated to the
    national government under the Constitution are
    reserved to the states
  • Sovereign immunity
  • Doctrine holding that states cannot be sued
    without their permission
  • Eleventh Amendment
  • Congress can allow lawsuits against the states
    based on provisions in constitutional amendments
    passed after the Eleventh Amendment.

14
Relations Among the States
  • The Commerce ClauseEstablished Congresss
    exclusive authority to regulate commerce among
    the states
  • States may not regulate interstate commerce and
    cannot establish trade barriers against goods
    from other states.
  • States may tax goods from other states equal to
    the amount that they tax goods produced in their
    own states, but they cannot charge extra taxes to
    goods that are made out of state.
  • Full Faith and Credit ClauseRequires states to
    accept court decisions and most contracts made in
    other states
  • Privileges and Immunities ClauseRequires that a
    state treat people from other states equally to
    its own residents

15
The Changing Nature of American Federalism
  • Nation-centered federalism
  • View that the Constitution and the federal
    government derive from the people, not from the
    states
  • Hamilton sought expansive federal power and, in
    1790, proposed that Congress establish a national
    Bank of the United States.
  • In McCulloch vs. Maryland, the Supreme Court
    recognized that Congress had the explicit
    authority to coin money and collect taxes, and
    declared that the creation of a bank helped reach
    those goals thus creating a bank as an implied
    power that fell within the scope of authority
    granted by the Necessary and Proper Clause.

16
The Changing Nature of American Federalism
  • State-centered federalism
  • View that the states created the Constitution and
    the federal government
  • Jefferson opposed Hamilton and the federalists
    ,and he was a strong supporter of states rights.
  • Dred Scott v. Sandford (1857) is an example of a
    case in which the Supreme Court sided with the
    rights of states. The Supreme Court declared that
    Congress had no authority to regulate slavery in
    the territories.

17
The Changing Nature of American Federalism
(Contd)
  • Duel Federalism
  • Doctrine holding that, although the national
    government is supreme in some spheres, state
    governments remain supreme in others, with layers
    of authority separate from one another
  • Cooperative Federalism
  • A view that state and national governments work
    together to solving problems
  • New Deal
  • Civil Rights

18
Dual Federalism and Cooperative Federalism
  • Dual federalism has been likened to a layer cake
    (left), and cooperative federalism has been
    likened to a marble cake (right).

19
New Federalism
  • Shifting of power back to the states beginning
    with Nixon (1969)
  • General Revenue Sharing
  • Money from Congress to the states that could be
    spent however the states wanted
  • Moved away from categorical grants that were
    controlled by the national government.
  • Block Grants
  • Money from Congress to the states that could be
    spent in broad rather than specific categories
  • Contract with America
  • Campaign proposal containing ten legislative
    initiatives used by Republicans running for the
    House of Representatives in 1994 designed to
    reduce the power of the national government

20
New Federalism
21
State Governments
  • All 50 states have separate legislative and
    executive branches, and all choose the head of
    the executive branch by direct election.
  • Most states have four-year gubernatorial terms,
    limit their governor to two consecutive terms,
    and provide for succession by the lieutenant
    governor.
  • Most states grant their governors a line-item
    veto, the ability to veto certain parts of
    spending bills without vetoing the entire bill.
  • The president does not have line-item veto power
    and is often forced to sign or veto an entire
    omnibus bill, which combines tens of thousands of
    separate spending items together in one bill.
  • A line-item veto provides governors greater
    control to manage spending.

22
State Governments (Contd)
  • The biggest difference between state and national
    governments is the selection of judges.
  • National judges are nominated by president and
    confirmed by Senate.
  • State judges are selected in a variety of ways,
    including gubernatorial appointments and
    elections.
  • Missouri Plan
  • Process for selecting state judges whereby the
    original nomination is by an appointment and
    subsequent retention occurs by election

23
Local Governments
24
Local Governments
  • Local governments are far more diverse in
    function and design than state governments.
  • Layers of government
  • County
  • City
  • Village
  • Township
  • School boards
  • Water Districts
  • Fire Districts

25
Local Governments (Contd)
  • Most local governments do not have three separate
    branches, but most have some type of executive
    branch.
  • Mayors in cities and villages
  • Supervisors in counties
  • City manager system
  • The legislative branch appoints a professional
    administrator to run the executive branch.

26
Direct Democracy in Federalism
  • Recall Elections
  • Allow citizens, if they gather enough petition
    signatures, an opportunity to hold a special vote
    to remove state or local elected officials before
    their terms expire
  • Initiatives
  • A process that allows citizens who collect the
    required number of petition signatures to place
    proposed laws directly on the ballot
  • Referendums 
  • A process that allows legislatures to put certain
    issues on the ballot for citizen approval or
    requires legislatures to seek citizen approval
    for certain actions by the legislature

27
States That Allow Recall, Initiative, and
Referendum
28
Initiative Spending
29
Federalism and Public Policy
  • Policy diffusion
  • Process by which policy ideas and programs
    initiated by one state spread to other states
  • Race to the bottom
  • Situation in which states compete with one
    another to lower protections and services below
    the level they might otherwise prefer

30
Federalism and Public Policy (Contd)
  • Education
  • Education is among the reserved powers left to
    the states. State and local governments develop
    the responsibility for educating the populace.
  • But, the federal government has numerous ways to
    provide equal access to education across income
    level, race, and level of disability.
  • Brown v. Board of Education
  • Head Start
  • No Child Left Behind
  • Student Aid and Fiscal Responsibility Act (SAFRA)

31
Federalism and Public Policy Education
On March 30, 2010, President Obama approved the
Student Aid and Fiscal Responsibility Act at
Northern Virginia Community College in Alexandria.
32
Focus Questions
  • How does federalism affect governments
    responsiveness? To what and to whom are federal
    systems accountable?
  • What does it mean for citizen equality when
    different states are allowed to have different
    laws on certain subjects?
  • How does a federal system make it easier for
    citizens to have an influence in government?
  • What has been the relationship between federalism
    and the push for equality in the United States?
  • Does federalism prove a gate, or a gateway, to
    democracy? Explain.
Write a Comment
User Comments (0)
About PowerShow.com