Federalism Describe how federalism has changed over the years and how that has impacted American citizens.
Learning targets • I can: • -Identify the levels of government • -Describe what federalism is • -Define the Elastic clause • -Describe how the Elastic clause allows for flexibility in our Constitution • -Explain how the elastic clause can be used to justify the actions of the federal government • -Explain what the Supremacy Clause is and how it affects the relationship between federal and state government • -Analyze how the Supremacy Clause has affected the relationship between federal and state governments today • -Demonstrate how cooperation between state and federal government exists
Terms to know • -Federalism -10th Amendment • -Levels of Government -Dual Federalism • -Confederal System -Unitary System • -Supremacy Clause -Elastic Clause • -Enumerated Powers -Reserved Powers • -Concurrent Powers -Denied Powers
Critical thinking • -Which level of government do you think should have more power in this country: the federal or state? • -Based on what you have heard or know, what level of government do you think has more power? • -Do you think the way that power is distributed between the levels of government today is similar to what the framers of the Constitution envisioned?
What are the 3 systems of government? • Unitary System -Central government holds ultimate authority -Decisions made by local/regional governments can be overruled by the national government -Examples today: Japan, France
2. Confederal System • -A league of independent states • -Central government only handles matters of common concern delegated to it by member states. • -Examples: Switzerland, U.S. under the Articles of Confed.
3. Federal System • -Compromise b/t Unitary and Confederal systems • -Authority is divided b/t national, state and local governments • -Federal laws cannot overrule state and local laws unless they conflict with national laws. • -Example: U.S. today
How many governments are in the U.S.? • 1997: • National Governments 1 • State Governments 50 • Local Governments 84,955 • Counties 3,043 • Municipalities (cities/towns) 19,279 • Townships 16,656 • Special districts 31,555 • School districts 14,422 • Total 85, 006
Why was federalism right for the u.s.? • Political Compromise • -The Articles of Confederation did not allow for a strong enough national government • -Many feared that a strong national government would threaten individual rights (preferred small governments) • -Federalism was a compromise • -retained state traditions • -retained local power • -established a national gov’t strong enough to handle common issues
Size and Regional Isolation • -The American colonies were geographically large • -Many regions were isolated • -Travel was slow • -Communication was difficult • -A Unitary decision would have been unworkable • -News of political decisions would take weeks to reach the public
Differences in Political Culture • -Many different subgroups of people made up the population • -New England (religion-oriented) • -Middle-Atlantic (business-oriented) • -South (agriculture-oriented) • -Federal system allows state and local governments to create laws that serve the interests of particular supgroups
Activity • Directions: Create 3 columns in your notes labeled: • Federal Government • State Government • Federal and State Governments • On the next slide is a list of powers. With a partner, place each power under the corresponding column that you think it belongs to. If you do not know, take an educated guess!
Powers • -Coin and Print Money -Conduct Foreign Affairs • -Conduct elections -Make laws • -Create a postal system -Punish those found guilty of breaking laws • -Regulate foreign trade -Provide public education • -Certify public school teachers -Collect Taxes • -Raise and maintain armed forces • -Establish courts -Control state militia • -Set voter qualifications -Regulate trade within a state
What about local governments? • -The Constitution does not specifically refer to the powers of the local government • -Local governments exist at the will of the states (they are not required by the Constitution)
How are the powers distributed to the state and national governments? • -Delegated Powers: Powers given to the national government by the Constitution • -Enumerated Powers • -Implied Powers • -Inherent Powers • -Reserved Powers:Powers reserved to the state governments • -Concurrent Powers: Powers given to both the national and state governments • -Denied Powers: Powers denied to both state and national governments
Delegated Powers • Enumerated Powers • -These are powers explicitly designated to the national government . • -Examples for Congress include: • -Coining money • -Declaring war • -Establishing post offices • -Examples for the executive branch include: • -Making treaties • -Appointing federal officeholders
Implied Powers • -Powers given to the national government that fall under the Elastic Clause • -Also referred to as the “necessary and proper clause” • -Examples include: • -Construction of an interstate highway system • -Establishing worker safety laws • -Prohibiting manufacture and sale of drugs
Article 1, Section 8, Clause 18 • -“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof”
Critical thinking • -Do you think the Anti-Federalists would support or oppose the elastic clause? What about the Federalists? Explain your answers.
Inherent Powers • -Powers that the national government has simply to ensure the nation’s integrity and survival as a political unit • -Examples include: • -Making treaties • -Waging war (not declaring war) • -Regulate immigration
Reserved powers • -Tenth Amendment • -Reserved Powers of the States • - “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” • -Examples include • -Regulate intra-state trade • -Provide a state militia • -Provide public education • -Driver’s license requirement
Concurrent powers • Examples • -Taxation • -Establishing courts • -Charter banks
Denied powers • -Denied powers (national) • -Violate the Bill of Rights • -Change state boundaries • -Tax goods exported from any state • -Denied powers (state) • -Coin money • -Enter into treaties • -Denied Powers (both) • -Grant titles to nobility • -Permit slavery