The Federal System

3 The Federal System

3 Video: The Big Picture http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/OConner_Ch03_Federalism_Seg1_v2.html

3 LearningObjectives Trace the roots of the federal system and the Constitution’s allocation of powers between the national and state governments 3.1 Determine the impact of the Marshall Court on federalism 3.2

3 LearningObjectives Describe the emergence and decline of dual federalism 3.3 Explain how cooperative federalism led to the growth of the national government at the expense of the states 3.4

3 LearningObjectives Describe how the federal budget is used to further influence state and local governmental policies 3.5 Explore the role of the judiciary as arbiter of federal–state conflicts 3.6

3 LearningObjectives Assess the challenges in balancing national and state powers and the consequences for policy making 3.7

3 Video: The Basics http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg2_Federalism_v2.html

3.1 Roots of the Federal System • National Powers Under the Constitution • State Powers Under the Constitution • Concurrent Powers Under the Constitution • Powers Denied Under the Constitution • Interstate Relations Under the Constitution • Local Governments Under the Constitution

3.1 National Powers Under the Constitution • Enumerated powers • Coin money • Conduct foreign relations • Provide for army and navy • Declare war • Collect duties and taxes • Necessary and proper clause (elastic) • Enact laws for exercising enumerated powers • Implied powers • Supremacy clause

3.1 FIGURE 3.1: Where does governmental authority come from?

3.1 When do national and state governments work together?

3.1 State Powers Under the Constitution • State powers not enumerated • Tenth Amendment • Reserved powers

3.1 Concurrent Powers Under the Constitution • Overlapping powers • Power to tax • Borrow money • Establish courts • Charter banks • Spend money for general welfare

3.1 FIGURE 3.2: How is governmental power distributed in the federal system?

3.1 Powers Denied Under the Constitution • No state favoritism • No titles of nobility • Bills of attainder • Ex post facto laws

3.1 Interstate Relations Under the Constitution • Supreme Court settles disputes • Full faith and credit clause • Privileges and immunities clause • Extradition clause • Interstate compacts

3.1 Local Governments Under the Constitution • No power under Constitution • Operate under state charter (Dillon’s Rule, 1868) • Counties • Municipalities • Towns • Special districts • Most numerous form of government

3.1 FIGURE 3.3: How many governments exist in the United States?

3.1 3.1What is the source of governmental authority in the U.S. federal system? • The states • The people • The president • The federal legislature (Congress)

Explore the Simulation: You Are a Federal Judge 3.1 http://media.pearsoncmg.com/long/long_longman_media_1/2013_mpsl_sim/simulation.html?simulaURL=3

3.2 Federalism and the Marshall Court • Defining National Power: McCulloch v. Maryland (1819) • Affirming National Power: Gibbons v. Ogden (1824) • Limiting the Bill of Rights: Barron v. Baltimore (1833)

3.2 Defining National Power: McCulloch v. Maryland (1819) • First Court decision to define national and state government relationship • Could Congress charter a bank? • Could states tax it?

3.2 Affirming National Power: Gibbons v. Ogden (1824) • Congress’s authority under commerce clause disputed • Power to regulate just products or commercial activity too? • Ruling: • Congress can regulate commercial activity • New York had no authority to grant monopoly

3.2 Limiting the Bill of Rights: Barron v. Baltimore (1833) • Due process clause • Guaranteed by Fifth Amendment • Action by state, not federal, government caused damages • Federal government not at fault for state actions

3.2 3.2Which Supreme Court cases restricted the powers of the national government? • Barron v. Baltimore (1833) • McCulloch v. Maryland (1819) • Gibbons v. Ogden (1824) • None of the above

3.3 Dual Federalism: States’ Rights, the Civil War, and Reconstruction • States Assert Their Powers: Nullification • States’ Rights and the Dred Scott Decision • Reconstruction and the Transformation of Dual Federalism • Amending the National-State Relationship

3.3 States Assert Their Powers: Nullification • Nullification • States declare federal laws invalid • Alien and Sedition Acts (1798) • Unconstitutional • “Tariff of Abominations” (1828) • Southern states use nullification to resist anti-slavery laws

3.3 States’ Rights and the Dred Scott Decision • Dred Scott v. Sandford (1857) • Slaves were property, not citizens • Congress could not ban slavery in new territories • Enhanced states’ power

3.3 Reconstruction and the Transformation of Dual Federalism • Nullification, dual federalism destroyed by Civil War • Reconstruction • New state constitutions • Supreme Court limits state power • Monopolies outlawed

3.3 How did the relationship between state and federal governments change after the Civil War?

3.3 Amending the National-State Relationship • Sixteenth Amendment • Money is power • Seventeenth Amendment (1913) • Direct election of senators

3.3 Video: In Context http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg3_Federalism_v2.html

3.3 3.3The theory that states can refuse to abide by federal laws violates what clause of the Constitution? • Supremacy clause • Necessary and Proper clause • First Amendment • Full Faith and Credit clause

3.4 Cooperative Federalism: Growth of National Government • Cooperative Federalism • Marble cake versus layer cake • Need for National Action Arises: The New Deal

3.4 Need for National Action Arises: The New Deal • Great Depression • New Deal programs increased federal authority • States could not solve these problems on their own • Local government involvement • Constitutional challenges

3.4 How did FDR’s actions change conceptions about federalism?

3.4 3.4What do we call the type of federalism that developed in the 1930s? • New Deal federalism • Progressive federalism • Layer cake federalism • Cooperative federalism

3.5 Federal Grants to State and Local Governments • Categorical Grants • Block Grants • Programmatic Requests

3.5 Categorical Grants • Grants serve 3 purposes • Provide funds • Address national problems like clean air • Redistribute funds between rich and poor states • Categorical grants are for specific purpose

3.5 Block Grants • Block grants less restrictive • Give states more discretion in spending funds • Devolution revolution

3.5 Unfunded Mandates • No Child Left Behind (2001) • Unfunded Mandates Reform Act of 1995

3.5 Who supported scaling back the federal government and increasing the use of block grants?

3.5 Programmatic Requests • Funds earmarked for specific projects within states • Secured by lobbyists or members of Congress for their districts • Bringing the pork back home

3.5 3.5How do block grants differ from categorical grants? They provide less money to states. They provide more money to states. They have fewer restrictions on how they are spent They have more restrictions on how they are spent

The Federal System