oct 2 – gov – intro to federalism

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Oct 2 – Gov – Intro to Federalism Agenda: Quick-write Intro to Federalism Federalism Case Studies HW:

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Colonies Under British Control UNITARY SYSTEM Central govt – primary authority, regulates activities of the states State govt – little or no powers, duties regulated by central govt Citizens – vote for central officials Unitary System – all power flows from one central government Powerful British Government The reasons for why the US has a federal system comes back to our governmental background Increasingly, the colonists chafed under “parasitic” British control. Parliament (and the King) determined who the colonies traded with, what taxes they paid, and denied them representation in Parliament. Political Subunits (Colonies)

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Page 1: Oct 2 – Gov – Intro to Federalism

Oct 2 – Gov – Intro to Federalism

Agenda:•Quick-write•Intro to Federalism•Federalism Case Studies

•HW:

Page 2: Oct 2 – Gov – Intro to Federalism

Unitary System – all power flows from one central government

Powerful British Government

Political Subunits (Colonies)

Colonies Under British Control

UNITARY SYSTEM • Central govt – primary

authority, regulates activities of the states

• State govt – little or no powers, duties regulated by central govt

• Citizens – vote for central officials

Page 3: Oct 2 – Gov – Intro to Federalism

Articles of Confederation 1781-1789

Confederal System – power concentrated in political subunits with a weak central government

(typically unite for a specific common goal)

CONFEDERAL SYSTEM• Central govt – limited

powers to coordinate state activities

• State govt – sovereign, allocate some duties to central govt

• Citizens – vote for state govt officials

Page 4: Oct 2 – Gov – Intro to Federalism

Articles of Confederation–

Government Structure• Article II – “Each state retains

its sovereignty, freedom, & independence.”

• Unicameral Congress with one vote per state

• No Executive• No Federal Judiciary (courts

existed but at the state level)

Page 5: Oct 2 – Gov – Intro to Federalism

Articles of Confederation-Weaknesses

• Supermajority (9 of 13) to pass a law• Supermajority (13 of 13) to amend• No control of taxation or commerce

between states or with foreign nations

Page 6: Oct 2 – Gov – Intro to Federalism

Is there a balance between the extremes?

Centralized Decentralized

Unitary is too much like Britain’s system.

Confederal is too weak.

Even those who like a unitary

system know it would never pass

Page 7: Oct 2 – Gov – Intro to Federalism

The First Federal System

• Federal System – a blend of Unitary and Confederal systems.

FEDERAL • Central govt – shares

power with states• State govts – shares

power with central govt

• Citizens – vote for both state and central govt officials

Bi-directional arrow shows that the subdivisions are not

left powerless.

Page 8: Oct 2 – Gov – Intro to Federalism

FederalismFederalism

How the circle and the squares get along

Page 9: Oct 2 – Gov – Intro to Federalism

What is Federalism• Federalism: constitutional division of power

between state (square) and national govt (circle)• Both get their powers from the

Constitution, not each other.

• Two or more governments exercise power and authority over the same people in the same territory

Page 10: Oct 2 – Gov – Intro to Federalism

Reasons, briefly, please. . . .

• Unity, not uniformity Allows for differences amongst states…

• geographically large nation• heterogeneous population• More likely to check tyranny

– Inefficiency but…remember…• Encourages experimentation• Keeps govt close to people – access

points

Page 11: Oct 2 – Gov – Intro to Federalism

FederalismFederalism

Structure of American Federalism

Page 12: Oct 2 – Gov – Intro to Federalism

Structure • National Powers – 3 categories of power

– Expressed/Enumerated– Implied– Inherent

• State Powers (Reserve) – Basis in Amendment 10

• 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.

Page 13: Oct 2 – Gov – Intro to Federalism

PowersFederal Government• Coin money• Regulate the economy

and foreign and interstate commerce

• Declare war• Manage national military• Direct foreign relations• Establish Post Offices

States (RESERVED) • Issue Licences• Create local level of govt• Regulate intrastate

commerce• Hold elections• Ratify amendments• Conduct social

policymaking• Establish local

governments

Page 14: Oct 2 – Gov – Intro to Federalism

Concurrent Powers• Granted to Congress but not denied to

states– Held by both state and federal gov’ts– How many can you name????

• Questions of fed/state authority decided by courts

Page 15: Oct 2 – Gov – Intro to Federalism

Shared (Concurrent) Powers

• Make and enforce laws• Collect taxes• Maintain courts• Allocate money for public needs• Build roads• Law enforcement• Charter banks and corporations

Page 16: Oct 2 – Gov – Intro to Federalism

National Supremacy• Article VI • The Constitution, federal laws, and treaties are

the “supreme law of the land”

• 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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Page 17: Oct 2 – Gov – Intro to Federalism

Vertical Federalism• Article VI, the Supremacy Clause T• supremacy of the national government in

its relationship with the states.

Page 18: Oct 2 – Gov – Intro to Federalism

Powers Denied

National Government State Governments

•May not violate the Bill of Rights •May not impose export taxes among states •May not use money from the Treasury without the passage and approval of an appropriations bill •May not change state boundaries

•May not enter into treaties with other countries •May not print money •May not tax imports or exports •May not Impair obligations of contracts •May not suspend a person's rights without due process

In addition, neither the national government nor state governments may: •Grant titles of nobility •Permit slavery (13th Amendment) •Deny citizens the right to vote due to race, color, or previous servitude (15th Amendment) •Deny citizens the right to vote because of gender (19th Amendment)

Page 19: Oct 2 – Gov – Intro to Federalism

Obligations• Federal States

– Guarantee republican form of gov’t, protect states from invasion, grant new states same rights as existing states

• States (Article IV)– Full faith and credit (respect obligations of other states)

• Same sex marriage??

– Privileges and immunities clause—same rights as other states

– Extradition– Interstate compacts require consent of Congress

Page 20: Oct 2 – Gov – Intro to Federalism

Horizontal Federalism• Article IV, the Interstate Relations Article• Under the Constitution, all states are equal

and must treat each other as equals.

Page 21: Oct 2 – Gov – Intro to Federalism

Theories of Federalism• Dual Federalism

– Up to approx 1937– State and national gov’ts

reigned supreme in their own spheres

– Layered—like a cake—each were distinct

• Cooperative (Marble Cake) Federalism– Post 1937– Mingling of responsibilities– Sharing power – Suggests that fed power

needs to broadly interpreted

Page 24: Oct 2 – Gov – Intro to Federalism