Unit 2

Katrina

System of government in which the powers are divided among the national state and local governments

ADVANTAGES

Keeps large countries organized (U.S. & Russia)

Defends against tyranny (Federalist #10)

Increases participation… More layers of

government=more opportunity to get involved

DISADVANTAGES

Mass confusion Too much

government involvement

Example?... Education emergency relief marriage

National Powers:Article I, section 8:Congress is granted 17 expressed

powersClause 18: Congress is granted implied

powers under necessary & proper clauseArticle VI:“The Constitution…shall be the

supreme law of the land”

State Powers:Article IV: States must honor the laws of other

states

Amendment X: The powers not given to the national

government, nor denied to the states, are reserved to the states

A challenge to Federalism… No state need recognize a marriage

between persons of the same sex, even if the marriage was concluded or recognized in another state.

The Federal Government may not recognize same-sex or polygamous marriages for any purpose, even if concluded or recognized by one of the states.

TaxMake/enforce laws

Establish courtsSpend $ for public

STRICT CONSTRUCTIONIST

Believes in the expressed powers of the Constitution

Seldom allows for the existence of implied powers

LOOSE CONSTRUCTIONIST

Believes in expressed and implied powers

Allows for a loose interpretation of the Constitution

•THE SUPREME COURT HAS ALWAYS MAINTAINED THE BALANCE OF FEDERALISM•HOWEVER THERE IS A DEBATE ABOUT THEIR ROLE:

At issue: McCulloch objected to a tax Maryland placed

on notes issued by the National bank Maryland claimed the U.S. had no authority to

create a bankRuling: John Marshall

U.S. has the right due to Art.I, sec. 8, clause 18 and Art VI

Impact? Expands the power of National Government

At issue: Dred Scott, a slave, had been living in

Illinois and Wisconsin (free states) for 5 years.

Dred Scott argued that he should be free because he lived in a free state

Ruling: Roger Taney Congress lacks the authority to limit slavery

in territories making slavery a state issue Impact?

Expands the power of States

Belief that the national and state governments are separate bodies with equal power

Constitutional interpretation held by the Court from the 1850s-1930s

Began as a result of the growing tension between the North and South

Diminishes the importance of: Art I section 8 clause 18 Art VI

Belief that the national, state, and local governments are intertwined in role and power giving greater power to the federal government

Constitutional interpretation held by the Court from the 1930s-1980s

Began as a result of the Great Depression Hoover believed that the economy was

largely a state issue…dual federalism

Hammer v. Dagenhart…U.S. v. Darby Lumber…U.S. v. Lopez…Gonzalez v. Raich…Do you agree with the ruling?

FDR’s New deal programs caused the National government to increase power and then distribute it to local governments

The New Deal forced all levels of government to “cooperate” with each other

Impact? National government’s power was greatly

increased through use of Grants

Federal allocation of funds for programs to be administered by nat., state, or local governments…but dictated by feds

Improve health and safety of the people

Establish national standards Often used to influence state policy Today there are over 900 grant

programs divided in 20 areas: Agriculture Arts Business and Commerce Community Development Consumer Protection Disaster Prevention and Relief Education Regional Development Employment, Labor, and Training Energy Environmental Quality

•Food and Nutrition •Health •Housing •Humanities •Information and Statistics •Law, Justice, and Legal Services •Natural Resources •Science and Technology •Social Services and Income Security •Transportation

Appropriated by the nat. gov’t for a specific purpose/program

Nat gov’t dictates rules for administering funds

Often requires financial assistance from the states

Examples? medicaid

Johnson’s Great SocietyLinked nat. gov’t directly to

communitiesTurned local issues into national

issues Ignored state officials

Appropriated by the nat. gov’t for a specific purpose/program

Little to no nat gov’t rules/restrictions for administering funds

Gives states greater freedomExamples?

Secondary education

Belief that the states should be returned power over administrative duties

Reagan’s Revolution: Massive spending

cuts= Decrease in programs

and grants= Decrease in funding

for states=Less federal

involvement in states

The Devolution Revolution (1994):

Initiated by Newt Gingrich’s Contract with America

Reduce government spending by cutting programs/grants

Issued unfunded mandates ADA & the Emergency

Medical Treatment and Labor Act

Directives to the states to administer programs without any funding

A return to state powers:Personal Responsibility and Work

Opportunity Act of 1996 Moved welfare from a national to a state

administered program (still funded by Feds) Allowed states to set individual

standards for recipients

Endorsed preemption…National government can override the states and local governments

Massive increase in federal gov’t control Examples: Education Security

No Child Left Behind (2002)

Preemption at work…Purpose: Improve standards and quality of education

in the U.S.How it works: Fed established regulations for class size,

teacher and school performance Success judged through standardized tests

and inspections Unsuccessful schools will loose federal

funds

Future of Federalism?

Why???