AP AMERICAN GOVERNMENT - Crawford's World · Title: Microsoft PowerPoint - Magleby_Ch03.ppt...
Transcript of AP AMERICAN GOVERNMENT - Crawford's World · Title: Microsoft PowerPoint - Magleby_Ch03.ppt...
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AP AMERICAN GOVERNMENT
2 | 1
Unit Two
Part 2
The Constitution,
and Federalism
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Chapter 3 Outline and Learning Objective
Defining Federalism
• 2.8 Interpret the definitions of federalism, and assess the advantages
and disadvantages of the American system of federalism.
The Constitutional Structure of American Federalism
• 2.9 Differentiate the powers the Constitution provides to national and state governments.
The National Courts and Federalism
• 2.10 Assess the role of the national courts in defining the
relationship between the national and state governments.
The National Budget as a Tool of Federalism
• 2.11 Analyze the budget as a tool of federalism, and evaluate its impact on state and local governments.
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Unitary
Complete control from the center
Federal
Shared power between the center and
the local regions
Confederal
Complete control by the local regions
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The Politics of Federalism2.8 Evaluate the current relationship between the national and state governments and the future challenges for federalism.
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Lines of Power in Three Systems of Government
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Lines of Power in Three Systems of Government
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Federalism: A Bold New Plan
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Federalism
a political system where political power
is shared between the national
government and legitimate local
governments
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Defining
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State GovernmentsRESERVED
Article I, Section 10Police power
RoadsEducation
National GovernmentENUMERATED
Article I, Section 8Interstate Commerce
MoneyWar: Army, Navy
Foreign Affairs: Tariffs, Treaties
DUAL FEDERALISM
OverlapCONCURRENT
SupremeCourt
Judicial ReviewMcCulloch v.
Maryland
Municipalities-General Charter
-Special Charter-Home Rule Charter
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The ___ type of government has power
vested in a central authority.
A. Unitary
B. Federal
C. Confederate
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The ___ type of government has power
vested in a central authority.
A. Unitary
B. Federal
C. Confederate
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The Constitutional Structure of Federalism2.9 Differentiate the powers the Constitution provides to national
and state governments.
Article I, Section 8
-What Congress CAN do
Article I, Section 9
-What Congress CANNOT do
Article I, Section 10
-What States CANNOT do
Article IV
-What States MUST do
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Enumerated Reserved
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Clause 1
• Full Faith and Credit
Clause 2
• Interstate Privileges and Immunities
• Extradition
• Interstate Compacts
Clause 3
• Guarantee of Republican Government
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Article IV of the US Constitution
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Contradictions of FederalismElastic ClauseElastic ClauseElastic ClauseElastic Clause: Necessary and Proper Clause expands federal powerCommerce ClauseCommerce ClauseCommerce ClauseCommerce Clause: gives Federal government right to regulate interstate commerceTenth Amendment Tenth Amendment Tenth Amendment Tenth Amendment was added as an attempt to set limits on the national government’s powerEleventh Amendment Eleventh Amendment Eleventh Amendment Eleventh Amendment was added to give states “Sovereign Immunity” from lawsuits
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Article I, Section 8, Clause 3 of the US Constitution
“The Congress shall have power . . . To regulate commerce with foreign nations, and among the
several states, and with the Indian tribes”
“Commerce“ Clause
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Article I, Section 8, Clause 18 of the US Constitution
"The Congress shall have Power - To make all Laws which shall be necessary and proper
for carrying into Execution the foregoing Powers, and all other Powers vested by this
Constitution in the Government of the United
States, or in any Department or Officer thereof."
“Elastic “ Clause
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Article VI, Clause 2 of the United States Constitution
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, anything in the constitution or laws of
any state to the contrary notwithstanding.
“Supremacy“ Clause
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The Tenth Amendment
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.
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The Eleventh Amendment
The Judicial power of the United States shall not be construed to extend to any suit in law or
equity, commenced or prosecuted against one of the United States by Citizens of another
State, or by Citizens or Subjects of any
Foreign State.
Adopted following the Supreme Court's ruling in Chisholm v.
Georgia. In Chisholm, the Court ruled that federal courts had the authority to hear cases brought by private citizens
against states.
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Alexander HamiltonThe First Federalist
“All communities divide themselves into the few and the many. The first are the rich and the well-born; the other the mass of the people ... turbulent and changing, they seldom judge or determine right. Give therefore to the first class a distinct, permanent share in the Government ... Nothing but a permanent body can check the imprudence of local democracy.”
speech to the Constitutional Convention concerning the United States Senate, 06/18/1787
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Power to Federal Government
Loose Interpretation
� Elastic Clause (‘Necessary and Proper’)
� Commerce Clause
Hamilton, Federalists
� Modern: Democrats or Republicans?
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Thomas JeffersonThe First Anti-Federalist
“The States can best govern our home concerns and the general
government our foreign ones. I wish, therefore...never to see all offices transferred to Washington,
where, further withdrawn from the eyes of the people, they may more secretly be bought and sold
at market.”
From the Papers of Thomas Jefferson, 1797
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Power to State Governments
Strict Interpretation
� 10th Amendment: “All power to states”
� 11th Amendment: “Sovereign Immunity”
� Nullification: states can declare a Federal law void if they believe it is unconstitutional
Jefferson, Anti-Federalists
� Modern: Democrats or Republicans?
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“Moving to another State to escape perceived
government oppression only works when 49 other
States have the constitutional power to
create their own unique "experiments" in
governance. A dominant Central Government
violates the federalism defined by the
Constitution.”
Reforming the US in an era of terrorism and
globalization requires remaking federalism at
all levels. The Federal government should
lead where it must and set strong, clear
national goals for security and innovative
growth which mixes money, mandates and
flexibility.
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James MadisonOriginal Federalist converted to Anti-Federalism
“The powers delegated by the proposed Constitution to the
federal government are few and defined. Those which are to remain in the State governments
are numerous and indefinite.”Federalist No. 45
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Power of State Governments
• Constitution is minimum standard
• Can be more Democratic
� Initiative: public passes law
�Referendum: public vetoes law
�Recall: public removes official from
office
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Why Federalism?
Advantages
• Checks the growth of tyranny
• Allows unity without conformity
• Encourages experimentation and flexibility
• Provides training and develops leaders
• Keeps government closer to the people
Disadvantages
• Difficult to respond quickly to national problems
• Blocks Progress and protects local interests
• Lack of uniformity leads to conflict
• Variation in policies creates redundancies and inefficiencies
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State-only powers are known as ____.
A. Concurrent
B. Reserved
C. Extradition
D. Supremacy
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State-only powers are known as ____.
A. Concurrent
B. Reserved
C. Extradition
D. Supremacy
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What area makes it difficult to move
away from central control?
A. Education
B. Homeland security
C. Immigration
D. All of the above
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A. Education
B. Homeland security
C. Immigration
D. All of the above
What area makes it difficult to move
away from central control?
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Federal law is supreme over state law, and the
power granted to the federal government
should be interpreted
broadly
Judicial ReviewMcCulloch v. Maryland
(1819)
The National Courts and Federalism2.10 Assess the role of the national courts in defining the relationship between national and state governments.
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THE FACTSThe US congress passed a law in 1816 authorizing the creation of a
National Bank.
The state of Maryland pass a law to tax all transactions of the National
Bank branch located in Maryland.
James McCulloch, head of the Baltimore branch of the National Bank
refused to pay the tax.
The state of Maryland filed in state court to compel McCulloch to pay.
On appeal, the Maryland state Supreme Court held for Maryland because the Constitution did not specifically state that the Federal
Government was authorized to charter a bank, the Bank of the United
States was unconstitutional.
McCulloch appealed to the US Supreme Court
McCulloch v. Maryland
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THE DECISION• The US Constitution is Supreme Law
• The Federal government, though limited, is supreme within its sphere
• Therefore, the US Supreme Court can rule on the Constitutionality of state laws
• Article I, section 8 explicitly gives the US congress the power to tax
and spend
• The ‘Elastic’ clause of the Constitution grants to Congress implied
powers to implement the Constitution's express powers if it is not explicitly forbidden by the Constitution
• Therefore, State action may not impede valid constitutional exercises
of power by the Federal government.
• Congress has the power to charter the bank
McCulloch v. Maryland
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Interpretations of the Constitution
Strict interpretation (Originalist)� The constitution is to be followed exactly to the
word as the writers intended it to be; the process of change should be through Amendment.
Loose interpretation (Adaptive)� Powers implied within the Constitution should be
included in the new government to fit changes over time as intrepreted by the Courts.
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Obamacare in the Courts
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Grants-in-AidOriginally given by Federal Government to help
states fulfill Constitutional duties:
� Militia and Educational land grantsCategorical or Conditional Grants� for specific purposes, and usually require matching funds (90/10); roads and policeMandates� Federal Regulations requiring states to fund and be reimbursed; Civil rights, environment, ADA
The National Budget as a Tool of
Federalism2.11 Analyze the budget as a tool of federalism, and evaluate its
impact on state and local governments.
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Grants-in-Aid
Eventually leads to
Intergovernmental Lobbying
� States and cities send lobbyists to Washington to get their ‘fair share’ of grant money
Pork Barrel Spending
� Earmarks – spending amendments for specific purposes for special interests in districts
� Log Rolling - trading votes to get amendments passed in budget bill
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Richard Nixon1968-1974 “Impounding Funds”
� pocket vetoUnconstitutional� Train v. City of New York, 1975
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Ronald Reagan1980-1988
The New Federalism• Deregulation• Devolution• Block Grants• Revenue Sharing
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Devolution
Attempt to give power and
responsibility for decision-
making back to the states
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Devolution
Block Grants (Broad-based grant)
�Operational (police)
�Capital (roads, infrastructure)
�Entitlement (welfare, education)
Revenue Sharing
�Distributed by formula derived from
census statistics
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Bill Clinton1992-2000 Elimination of Revenue SharingFreeze on Block GrantsIncrease in Categorical Grants
� $27 billion worth of earmarks over 8 yearsLine Item Veto Act� Unconstitutional: Clinton v. City of New York, 1998
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George W. Bush2000-2008 Attempt to increase Block GrantsSubstantial increase in earmarks
� 55,000 worth $100 billion� But make up less up less
than 1% of the federal
budget
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Municipalities
• Cities, towns, counties, and districts have no Constitutional protections.
• They exist at the pleasure of the state government.
� Municipal Corporations
�General Act Charter what city CAN do
�Home-Rule Charterwhat city CANNOT do
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• Is Fort Lauderdale Home Rule or General Act?
• Who is the Mayor of Fort Lauderdale?
• Is Miami-Dade Home Rule or General Act?
• Who is the Mayor of Miami-Dade?
Municipalities
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• Is Fort Lauderdale Home Rule or General Act?
• Who is the Mayor of Fort Lauderdale?
• Jack Seigler
• Is Miami-Dade Home Rule or General Act?
• Who is the Mayor of Miami-Dade?
• Carlos Gimenez
Municipalities
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Municipalities
(Miami Herald) – March 15, 2011.
An overwhelming majority of voters in Miami-Dade county have decided to chuck their mayor out of office before the end of his
term. Almost 90% of voters chose to oust Carlos Alvarez in the
biggest recall of a local politician in American history. Alvarez, a Republican, was elected to a second term in 2008 but his
popularity crumbled after a series of missteps, including a
massively unpopular 14% hike in property taxes.
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Who of the following would have been
a strict constructionist?
A. Abraham Lincoln
B. Franklin Delano Roosevelt
C. Ronald Reagan
D. All of the above
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Who of the following would have been
a strict constructionist?
A. Abraham Lincoln
B. Franklin Delano Roosevelt
C. Ronald Reagan
D. All of the above
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___ are used for very strict controls of
what states are doing in a general purpose.
A. Categorical-formula grants
B. Project grants
C. Block grants
D. Unfunded mandates
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