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Transcript of CHAPTER 3 Federalism. Learning Objectives Copyright © 2014 Cengage Learning 2 Define federalism and...
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CHAPTER 3CHAPTER 3FederalismFederalism
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Learning ObjectivesLearning Objectives
Copyright © 2014 Cengage Learning2
Define federalism and compare it to other forms of government, including confederations and unitary systems of government
Explain how the Constitution differentiates between federal government powers, state government powers, and concurrent powers
Describe the powers accorded to Congress under Article I
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Learning ObjectivesLearning Objectives
Copyright © 2014 Cengage Learning3
Explain the significance of the supremacy clause, the preemption doctrine, and the full faith and credit clause of Article IV in distributing sovereignty
Define the five eras of American federalism and assess the role played by the Supreme Court in articulating state-federal relations during each era
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Learning ObjectivesLearning Objectives
Copyright © 2014 Cengage Learning4
Evaluate different forms of federalism (layer-cake federalism versus marble-cake federalism) in the modern era
Identify the advantages and disadvantages of federalism in terms of fairness and accountability
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Congress and the Issues: Congress and the Issues: Then and NowThen and Now
Copyright © 2014 Cengage Learning5
State interests often spur legislation
Then: Slavery
Now: Immigration
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What is Federalism?What is Federalism?
Copyright © 2014 Cengage Learning6
Federalism: political system in which power is divided between a central authority and constituent political subunits
Must sustain this division of power by whatever means possible
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What is Federalism?What is Federalism?
Copyright © 2014 Cengage Learning7
Greatest challenge is sovereignty Supreme political power of a government to
regulate its affairs without outside interference Sovereignty resides in the central
government, and also within each of the subunits
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What is Federalism?What is Federalism?
Copyright © 2014 Cengage Learning8
Comparing Federalism to Other Systems of Government
Confederation (“confederacy”) A league of two or more independent states that
unite to achieve certain specified common aims Unitary system
Sovereignty rests in the central government alone
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Comparing Systems of GovernmentComparing Systems of Government
Copyright © 2014 Cengage Learning9
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What is Federalism?What is Federalism?
Copyright © 2014 Cengage Learning10
Government Powers in a Federal System Enumerated: powers delegated to Congress
under Article I Necessary and proper clause
Reserved: powers retained by the states
Concurrent: powers shared by the federal and state governments
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What is Federalism?What is Federalism?
Copyright © 2014 Cengage Learning11
Supremacy clause The Constitution and laws passed by Congress
shall be “the supreme law of the land” Overrides state constitutions or state laws Doctrine of preemption
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The Powers of the Federal and State The Powers of the Federal and State Governments under the ConstitutionGovernments under the Constitution
Copyright © 2014 Cengage Learning12
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What is Federalism?What is Federalism?
Copyright © 2014 Cengage Learning13
Relations between the States Full faith and credit clause, Article IV
Each state must abide by the decisions of other state and local governments
Assures stability in relations beyond state borders
Privileges and immunities clause, Article IV protects the rights of citizens to
Travel through other states
Reside in any state
Participate in trade, agriculture, and professional pursuits
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What is Federalism?What is Federalism?
Copyright © 2014 Cengage Learning14
Article III, Section 2 Gives the U.S.
Supreme Court the authority to decide disputes between states
Gay marriage ceremony in Massachusetts.
Ellis Island.
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The History of American FederalismThe History of American Federalism
Copyright © 2014 Cengage Learning15
Concept of federalism has changed over time 5 eras of American Federalism
State-centered federalism: 1789–1819 National supremacy period: 1819–1837 Dual federalism: 1837–1937 Cooperative federalism: 1937–1990 The “new federalism”: 1990–present
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The History of American FederalismThe History of American Federalism
Copyright © 2014 Cengage Learning16
State-Centered Federalism (1789-1819) Each state managed its
own affairs National Supremacy
Period (1819-1837) Marshall’s national
supremacy doctrine Key court cases
McCulloch v. Maryland Gibbons v. Ogden
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Admission of States to the UnionAdmission of States to the Union
Copyright © 2014 Cengage Learning17
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The History of American FederalismThe History of American Federalism
Copyright © 2014 Cengage Learning18
Dual Federalism (1837-1937) State authority acts as a limit on congressional
power under the Constitution Cooperative Federalism (1937-1990)
Shift from layer-cake to marble-cake federalism Positive aspects: grants-in-aid and block grants Negative aspect: protective conditions
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The History of American FederalismThe History of American Federalism
Copyright © 2014 Cengage Learning19
The “New Federalism” (1990-Present) More attentive to state’s rights Reagan’s focus on increased state responsibilities Set the stage for reforms in the future
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The History of American FederalismThe History of American Federalism
Copyright © 2014 Cengage Learning20
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Has the Federal Government Has the Federal Government Gotten Too Big?Gotten Too Big?
Copyright © 2014 Cengage Learning21
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Why Federalism? AdvantagesWhy Federalism? Advantages and Disadvantages and Disadvantages
Copyright © 2014 Cengage Learning22
Advantages of Federalism Accommodation of diversity Strengthening of liberty through the division
of powers Encouragement of laboratories of democracy
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Why Federalism? AdvantagesWhy Federalism? Advantages and Disadvantages and Disadvantages
Copyright © 2014 Cengage Learning23
Disadvantages of Federalism Fiscal disparities among the states Lack of accountability