Chapter 4 Dual Federalism and Cooperative Federalism.

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Chapter 4 Chapter 4 Dual Federalism and Dual Federalism and Cooperative Cooperative Federalism Federalism

Transcript of Chapter 4 Dual Federalism and Cooperative Federalism.

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Chapter 4 Chapter 4 Dual Federalism and Dual Federalism and Cooperative FederalismCooperative Federalism

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FederalismFederalism The delegates who met in Philadelphia wrote a

new constitution and invented a new political form- federal governmentfederal government --that combined the features of a confederacy with features of a unitary government

Citizens’ feared that without the federal system, majorities with different interests and values from different regions would rule them totally. So the federal system offered a solution and allows diversity from the state layer of govt.

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Roots of the Federal SystemRoots of the Federal System The Framers worked to create a political system

that was halfway between the failed confederation of the Articles of Confederation and the tyrannical unitary system of Great Britain.

3 major arguments for federalism3 major arguments for federalism are:

1. the prevention of tyranny;

2. the provision for increased participation in politics;

3. and the use of the states as testing grounds or laboratories for new policies and programs.

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From the Federalist PapersFrom the Federalist Papers……Federalist #28

“If their rights are invaded by either, they can make use of the other as an instrument of redress.” (Hamilton) People may shift support between the two powers as needed, in order to keep the two in balance.

Federalist #45Federalist #45“The powers delegated, by the proposed constitution, the federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite.” (Madison)

Federalist #46Federalist #46Both state and federal governments “are in fact but different agents and trustees of the people, constituted with different powers.” (Madison)

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In pairs, discuss and list the pros/cons of which layer of government should regulate the which layer of government should regulate the following issues? And why?following issues? And why?

Education StandardsEducation Standards Marriage LicensureMarriage Licensure Minimum Drinking Age Minimum Drinking Age Physician-assisted suicidePhysician-assisted suicide AbortionAbortion Medical MarijuanaMedical Marijuana Death Penalty, Death Penalty, Minimum Wage Minimum Wage Auto Emission StandardsAuto Emission Standards

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FederalismFederalism “ “Unity without Uniformity”Unity without Uniformity”

National politicians do not have to iron out every difference on every issue that

divides us.

Issues are debated in state legislatures, county courthouses, and city halls.

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FederalismFederalism is the division of power between a central government and regional governments (states)

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

2 perspectives of federalismfederalism have emerged:

(1) Dual Federalism (1) Dual Federalism (2) Cooperative Federalism(2) Cooperative Federalism

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Dual FederalismDual Federalism

Dual Federalism (layer-cake federalism)(layer-cake federalism) is a view that holds the Constitution is a compact among sovereign states, so that the powers of the national governments and the states are clearly differentiated.

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Dual Federalism ConceptsDual Federalism ConceptsThe national government rules bynational government rules by

enumerated powersenumerated powers only!!only!! (i.e., Art 1 Sec 8)

The national government has anational government has a limitedlimited set of constitutional purposesset of constitutional purposes

Each layer of government is Each layer of government is sovereign within its spheresovereign within its sphere

The relationship between nation and states is best characterized by tensiontension rather than cooperation

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Dual Federalism ConceptsDual Federalism Concepts States rights -States rights - the idea that all powers not

specifically given to the national government by the Constitution areare reserved to the states. States’ rights supporters use the 10th Amendment as their validation and believe that the national government should interpret the Constitution strictly orstrictly or narrowlynarrowly (give national government limited power).

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States Rights PositionStates Rights Position The Constitution is aThe Constitution is a compactcompact among among

the states.the states. States’ rightists argue thatStates’ rightists argue that the statesthe states

created the national governmentcreated the national government & gave & gave it only certain limited powersit only certain limited powers

Believe state governments are closer to Believe state governments are closer to the people and better reflect citizens the people and better reflect citizens wishes than the national governmentwishes than the national government

Uses the 10Uses the 10thth Amendment for their rationale! Amendment for their rationale!

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Cooperative FederalismCooperative Federalism Cooperative FederalismCooperative Federalism (marble-(marble-

cake federalism)cake federalism) acknowledges the increasing overlap between state and national functions and rejects the idearejects the idea of separate spheres, or layers, for the states and the national government.

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Cooperative Federalism Cooperative Federalism ConceptsConcepts

National and state agencies typically undertake National and state agencies typically undertake government functions jointlygovernment functions jointly rather than exclusively (building canals/highways)

The nation and states routinely share powerThe nation and states routinely share power

Power is not concentrated at any government Power is not concentrated at any government level or in any agencylevel or in any agency Fragmentation of responsibilities gives people and

groups access to many venues of influence.

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Cooperative Federalism Cooperative Federalism ConceptsConcepts

Supporters of this theory believe the Constitution should be used in an expansive way. State law is subordinate to national law (Art IV and the supremacy clause).

If state laws are inconsistent with national policy they should be disregarded (medical marijuana)

Supporters believe in broad or loosebroad or loose interpretationinterpretation of the Constitution.

Use the “elastic clause” or “the necessary and Use the “elastic clause” or “the necessary and proper” clause their rationaleproper” clause their rationale!!

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Figure 4.1: Metaphors for Federalism

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Another Perfect StormAnother Perfect Storm

Artist: Jeff Danziger Date: September, 2005 http://cartoonbox.slate.com/Artist: Jeff Danziger Date: September, 2005 http://cartoonbox.slate.com/

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Division of Government PowersDivision of Government Powers National governmentNational government retains specific

powers while reserving all others powers to the StatesStates (10th amendment) or or the PeoplePeople (9th amendment).

Some powers are sharedshared by the layers of government (taxing power)

Some powers are denied/prohibited denied/prohibited (no export tax for either national or state governments)

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National PowersNational Powers

3 types of national powers are: 1.1. expressedexpressed

2.2. impliedimplied

3.3. inherentinherent

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Expressed Powers in the Expressed Powers in the ConstitutionConstitution

also called enumerated powers are specifically granted to the national government by the Constitution

Examples???Examples???

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Implied Powers in the ConstitutionImplied Powers in the Constitution NOTNOT expresslyexpressly defined in the Constitution. Art. I Sec.8 Cl #18 is an example Elastic Clause or Necessary and proper clause

the power to draft into the armed forces is implied by the powers given to the national government to raise an army and navy (See Art. I Sec 8)

Framers could not anticipate all powers needed in future thus this enables the federal government to extend its powers beyond what is expressed. (regulate nuclear power plants/pollution or develop the space program)

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Inherent PowersInherent Powers Powers that the national government Powers that the national government

may exercise simply because it is a may exercise simply because it is a sovereign nation.sovereign nation.

Example: the national government must control immigration and establish diplomatic relations with other countries, even though these powers are not spelled out in the Constitution.

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State PowersState Powers Reserved powers-Reserved powers- certain powers that are

specific held solely by the statesNot listed specifically but allows states

to assume powers based on what is left out of the Constitution

““The powers not delegated to the United The powers not delegated to the United States by the Constitution, nor prohibited by it States by the Constitution, nor prohibited by it to the States, are reserved to the States to the States, are reserved to the States respectively, or to the people.”respectively, or to the people.”

1010thth amendment amendment

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Concurrent PowersConcurrent Powers

Exercised by both the national and state governments

Each level of government exercises these powers independently Examples???

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Prohibited/Denied PowersProhibited/Denied Powers

Constitution identifies denied powers for the national government, state government or for both

No titles of nobility by US States cannot make treaties Neither can pass ex post facto laws Art. 1 Sec 9 & Sec10

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National Government(expressed, implied & inherent powers)

Shared National &

State Powers(concurrent

powers)

State Government

s(reserved powers)

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Guarantees or Obligations from the Guarantees or Obligations from the National Government to the StatesNational Government to the States

Art IV Sec 4

1. Guarantee each state a republicanrepublican form of government

2. Protect statesProtect states from invasion and against domestic violence.

3. Respect territorial integrityRespect territorial integrity of each state.