Chapter 3 Federalism - Summary American Government and Politics Today PDF

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Chapter 3 Federalism Federalism and Its Alternatives How nations structure relations between central governments and local units in terms of three models: 1. The Unitary system- a centralized governmental system in which ultimate governmental authority rests in the hands of the national, or central, government. The decision of the lower levels of government can be overruled by the national government, all questions of education, police, the use of land, and welfare are handled by the national government. Majority of all nations have unitary system of government. Flows of power from the central government to the local and state governments. 2. The Confederal system- Like the Articles of Confederation; confederation is the opposite of unitary system. Its is a system of a league of independent states, in which the central government created by the league has only limited powers over the states. The central government has no ability to make laws directly applicable to the member states unless the members explicitly support such laws. Power flows from the state governments to the central government. 3. The Federal system- lies between the unitary and confederal forms of government. Authority is divided, usually by a written constitution, between a central government and regional, or subdivisional, governments ( often called constituent governments). Power flows from both ways, central and state governments. Why Federalism? It retained state traditions and local power while establishing a strong national government capable of handling common problems. Supporters of the new constitution are political pragmatists. Other Arguments for Federalism Federalism brings government closer to the people, it allows direct access to, and influence on, government agencies and policies, rather than leaving the population restive and dissatisfied with a remote, faceless, allpowerful central authority. Benefits for the United States - state governments long have been training ground for future national leaders; many presidents made their mark as state governors. - the states themselves have been testing grounds for new government initiatives - programs pioneered by state level: unemployment compensation (Wisconsin), air-pollution control (California), same-sex marriage (Massachusettes) , managing marijuana. Allowance for Many Political Subculture Various political subcultures influence government behavior. Arguments against Federalism - a way for powerful state and local interests to block progress and impede national plans - smaller political units are more likely to be dominated by a single political group (madison-Federalist PaperNo.10) - too many Americans suffer as a result of the inequalities across the states ( states differ in educational spending and achievement, crime , and crime prevention, and building safety) - critics argue for increased federal legislation and oversight - others see dangers in the expansion of national powers at the expense of the states. - Ronald Regan: “ The Founding Fathers saw the federalist system as constructed something like a masonry wall. The states are the bricks, the national government is the mortar….Unfortunately, over the years, many people have increasingly come to believe that Washington is the whole wall.” The constitutional Basis for American Federalism The Constitution sets out different types of powers 1. The powers of the national government- include both expressed and implied powers, as well as the special category of inherent powers. a. Enumerated Powers, also called expressed powers – include coining money, setting standards for weights and measures, making uniform naturalization laws, admitting new states, establishing post offices and post roads, and declaring war. Powers specifically granted to the national government by the constitution. The first seventeen clauses of Article 1, section 8, specify most of the enumerated powers of the national government. Another important enumerated power is the power to regulate commerce among the states. b. Necessary and Implied Clause- the implied powers of the national government ( based on Article 1, section 8), the clause is sometimes called the elastic clause, or the necessary and proper clause – it provides flexibility to our constitutional system; it gives congress the power to do

whatever is necessary to execute its specifically delegated powers. First used in the Supreme Court decision of McCulloch v. Maryland. Through this concept the national government has succeeded in strengthening the scope of its authority to meet the many problems that the framers of the constitution did not. c. Inherent Powers- derived from the fact that the United States is a sovereign power among nations, and so its national government must be the only government that deals with other nations. All nation-states (big and small) have inherent right to ensure their survival. Each nation

must have the ability to act in its own interest among and with the community of nations by, making treaties, waging war, seeking trade, and acquiring territory. Inherent power allowed the Louisiana Purchase in 1803,the Florida, Oregon, Texas, California, Alaska,Hawaii, etc. It’s the 3rd type of power completely distict from the delegated powers (expressed and implied)of the national government. Also in the constitution, article1, section 8 gives congress the power to declare war, to raise and support armies, and to maintain a navy. 2. Powers of the State Governments – these are reserved powers that the national government cannot deny to the states. Include state’s right to regulate commerce within its borders and to provide for a state militia; make laws on all matters not prohibited to the states by the US constitution or state constitutions and not expressly, or by implication, delegated to the national government. States have police power- the authority to legislate for the protection of the health, morals, safety, and welfare of the people to the United States most police power is reserved to the states. United states as a whole uses federal system and each state has a unitary system. 3. Prohibited powers – the Constitution prohibits the national government to impose tax on goods sold to other countries (exports), any power not granted expressly or implicitly to the federal government by the constitution is prohibited to it like making national divorce law. The States are also denied certain powers like it cannot enter into a treaty on its own with another country. Concurrent powers- Powers held jointly by the national and state governments like the power to tax (there’s federal tax and state tax). it include the power to borrow funds, to establish courts, and to charter banks and corporations. To an extent the police power is also a concurrent power. power to establish minimum wage is a recent controversy. The Supremacy Clause- The constitutional provision that makes the constitution and federal laws superior to all conflicting state and local laws. The states cannot use their reserve or concurrent powers to thwart national policies. All national and state officers, including judges, must be bound by oath to support the Constitution. National is an example of how federal power supersedes that of the states. Interstate Relations- Relationships of a state to other states such as commercial, social, and other dealings. The national Constitution imposes certain “rules of the road” on interstate relation: give full faith and credit to every other state’s public acts, extend to every other state’s citizens the privileges and immunities of its own citizens, and agree to return persons who are fleeing from justice in another state back to their home state when requested to do so. States may enter into agreements with one another called interstate compacts – an agreement between two or more states. Agreements on minor matters are made without congressional consent, but any compact that tends to increase the power of the contracting states or relative to the national government generally requires the consent of congress. Defining Constitutional Powers- Early years McCulloch v. Maryland (1819) – national bank- implied powers Gibbons v. Ogden (1824)- steamboat- commerce clause Commerce clause- the section of the Constitution in which the congress is given the power to regulate trade among the states and with foreign countries. John Marshall was the chief justice of the Supreme Court at the time. States’ Rights and the Resort to Civil War Slavery led to civil war The Shift Back to States’ Rights- John Marshall increase the power to the national government, President Andrew Jackson shifts back to states’ rights began. Congress passed tariff-> South Carolina attempt to nullify the tariff-> North and South became divided specially over the slavery-> South Carolina withdrew from the union-> 6 southern states form new government called Confederate States of America. War and the Growth of the National Government-The ultimate defeat of the South in 1865 ended the idea that a state could successfully claim the right to secede, or withdraw, from the union. The Civil war Amendments- allows the African Americans to vote The Continuing Dispute over the Division of Power The outcome of the Civil war firmly established the supremacy of the national government and put to rest the idea that a state could secede from the union. Dual Federalism- a model of federalism in which the states and the national government each remain supreme within their own spheres. The doctrines looks on nation and state as co-equal sovereign powers. Neither the state government nor the national government should interfere in the other’s sphere. Depicted as “layer cake.” The new Deal and Cooperative Federalism New deal- Roosevelt “new deal” introduce large-scale emergency anti-poverty program, National recovery administration(NRA)...