federalism new

8/4/2019 Federalism New

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FEDERALISM

DIVISION OFPOWER


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Definition: Federalism

A system of government inwhich a written constitution

divides power between anational or central government

and several regionalgovernments.


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Look at the 10th Amendment

What can you determine aboutfederalism from this amendment?

How are you able to determine this?

Explain.


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10th Amendment

The powers not delegated to the UnitedStates by the Constitution, nor prohibited by

it to the states, are reserved to the statesrespectively, or to the people


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Why Federalism?


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Framers Believed 3 Things1. Governmental power poses a threat to

individual liberty

2. Exercise of Governmental Power must berestrained

3. To divide governmental power is to curb itand prevent its abuse


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Division of Powerin Federalism

ReservedExpressed

Concurrent


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Definitions: Expressed-

Powers granted to the national government

Reserved- Powers granted to the states


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Definitions:

Concurrent Powers-belong to bothnational and state

governments


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Expressed PowersNational Government

Coin Money

Establish Post Offices

Raise & Support the Military

Regulate Foreign Trade

Declare War

Govern US Territories

Admit New States Conduct Foreign Relations

Regulate Interstate Commerce


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Reserved Powers

State Governments

Conduct Elections Establish State Militia

Regulate Intrastate Commerce

Establish Public Schools

Pass Professional License Requirements

Regulate Alcoholic Beverages Establish Local Governments

Regulate Drivers Licenses


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Concurrent PowersBoth National and State

Levy and Collect Taxes Borrow Money Establish Courts Inferior to Supreme Court

Claim Private Property for Public Use Ratify Amendments to the Constitution Provide for the Public Health, Safety, and Morals Provide for the General Welfare Make and Enforce Laws Charter Banks Define Crimes and Set Punishments


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Supremacy Clause

This Constitution, and Laws ofthe United States which shall be

made in Pursuance thereof; andall treaties made, or which shall bemade, under the authority of the

United States, shall be thesupreme Law of the Land.


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City and CountyCharters and

Ordinances

State

Statutes

StateConstitutions

Acts of Congressand Treaties

United StatesConstitution


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The Major Disaster Process

Step 1 Local Government Responds. Ifoverwhelmed, turns to the State for assistance.

Step 2 The State Responds with State resources,such as the National Guard or State agencies.

Step 3 Damage Assessment by local, State,

Federal, and volunteer organizations.Step 4 A Major Disaster Declaration is requested

by the governor, based on damage assessment

Step 5 FEMA Evaluates the request andrecommends action to the White House.

Step 6 The President Approves the request or

FEMA informs the governor it has been denied.


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Dual vs. Cooperative

Federalism


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Dual Federalism Clear distinction between powers of the

Federal Government and StateGovernments

Very clear which powers belong to who

**Layer Cake**


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Cooperative Federalism Shared powers over policy between the

Federal and State Governments Federal power have gradually seeped

down into the State Governments

**Marble Cake**


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Cooperative FederalismRequires

1. Shared cost between State and Federal

Governments

2. Shared Administration-Both Federal and States are allowed to

implement and monitor policy

3. Shared Guidelines (Laws)


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Do we have this in the UnitedStates?

Does this work in the United

States?

How does CooperativeFederalism work in the U.S.?


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Modern Day Cooperative

Federalism

Strings attached LegislationExample= Drinking age (Categorical grant)

-Federal Government requires State to set the

drinking age to 21 or they will not provideroad and highway $$


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Block Grants- set of categorical grants put

togetherExample= Health Care grants, Social Service

grants

Project Grants- $$ given to fund a large project

Example= Space Race, Medical Research

Unfunded Mandate-Congress passes a law thatforces the States to do something, but does not

provide the funding to do so

Example-NCLB, Buildings handicappedaccessible


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State Obligations

Federal System


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Extradition Rights States are obligated to return fugitives to

the state where the crime was committed The criminal will be tried in the original

state

Recent years laws have become sticky

Example- Death Penalty


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Privileges and Immunities Certain protections and services shared

between the states Citizens are not denied any rights passing

from one state to another

Example- Police Protection, Medical Services

Immunities (type of privilege)Example- In and out of state tuition


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Full Faith and Credit Each state must recognize the legal acts,

judicial proceedings, and public acts fromall other states

Example- Drivers License (public record)

Issue- Same-sex marriages (DOMA Laws)(POMA Laws)


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CONFLICT Sometimes conflicts can arise when state

and federal disagree about who has theright to control an issue

- For Example: Medical Marijuana read articles and answer questions.


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The Division of PowersFEDERAL

POWERS

SHARED

POWERS

STATE

POWERS


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The Division of PowersRegulate interstate andforeign trade

Regulate trade within the

State

Declare war and peace Enforce laws and punish

Lawbreakers

Provide for the health and

welfare of people

Conduct elections Establish and support public

schools

Collect Taxes

Incorporate business firms Conduct foreign relations Delegated Powers Coin and print money

Raise and support armed

forces

Admit new states License Professional Workers

Establish Local Governments Determine qualifications of

voters

Establish post offices and

roads

Reserved Powers

Concurrent Powers Establish courts All other powers not taken byFederal Govt.

Pass naturalization laws andregulate immigration

Borrow money


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How the Powers ofGovernment are Divided

FEDERAL POWERS

(Delegated Powers)-Regulate interstate and

foreign trade

-Coin and print money

-Conduct foreign

relations-Establish post offices

and roads

-Raise and supportarmed forces

-Declare war and peace

-Admit new states

-Pass naturalizationlaws and regulate

immigration

SHARED POWERS

(Concurrent Powers)

-Collect Taxes

-Borrow money

-Establish courts

-Enforce laws andpunish Lawbreakers

-Provide for the healthand welfare of people

STATE POWERS

(Reserved Powers)-Regulate trade within the

State

-Establish LocalGovernments

-Conduct elections-Determine qualifications

of voters

-Establish and supportpublic schools

-Incorporate businessfirms

-License ProfessionalWorkers

-All other powers nottaken by Federal Govt.

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