Oct 2 – Gov – Intro to Federalism
Agenda:•Quick-write•Intro to Federalism•Federalism Case Studies
•HW:
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
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
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)
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
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
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.
FederalismFederalism
How the circle and the squares get along
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
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
FederalismFederalism
Structure of American 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.
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
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
Shared (Concurrent) Powers
• Make and enforce laws• Collect taxes• Maintain courts• Allocate money for public needs• Build roads• Law enforcement• Charter banks and corporations
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.
Vertical Federalism• Article VI, the Supremacy Clause T• supremacy of the national government in
its relationship with the states.
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)
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
Horizontal Federalism• Article IV, the Interstate Relations Article• Under the Constitution, all states are equal
and must treat each other as equals.
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
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