Presentation Transcript

1. The Federal System Notes

   Chapter 4
2. Why federalism? The states had formed a confederation first under the Articles of Confederation They had experienced a unitary system under the British as colonies In 1787, the states decided to form a federal system of government because the states still retain a lot of control but the national government is in control of things such as trade, defense, currency, etc.,
3. The Division of Powers National Powers - or the delegated powers: a. Expressed (or Enumerated)Powers - directly stated in the Constitution (most found in the first 3 Articles) page 97 b. Implied Powers - not specifically listed but are required to carry out the expressed powers (i.e. power to draft) c. Inherent Powers - powers that the national government may exercise simply because it is a government (i.e. immigration, establishdiplomatic relations)
4. National Powers Most of the national powers belong to Congress and are listed in Article I, Sec. 8 Congress has 17 listed powers and one special one, “the necessary & proper” clause or “elastic” clause which gives it power to carry out its’ other listed powers The “necessary & proper” clause is the basis of the implied powers (established in the case, McCulloch v. Maryland) Congress has economic powers, defense powers and other powers such as naturalizing citizens
5. Reserved Powers of the States Tenth Amendment - powers not listed but are “reserved” to the states and the people States may exercise any power not delegated to the national government, reserved to the people, or denied to them by the Constitution State powers include: 1. governing marriage & divorce laws 2. regulate gambling 3. regulate the sale of alcoholic beverages 4. making traffic regulations 5. administer all elections (federal, state & local) 6. licensing of professionals
6. Reserved Powers of the States One of the most important jobs of the state legislatures is to redraw the district lines for the U.S. House of Representatives after each census (every 10 years.) The state legislatures also selected their two U. S. Senators until the 17th Amendment was added to the Constitution in 1913
7. The Supremacy Clause Article VI, Section 2 makes the Constitution, acts of Congress & treaties “supreme” (the “Supremacy Clause”) Which law must yield if there is a conflict between a national law and a state law? The state law must yield 1. State & local laws must not conflict with any national law 2. State officials & judges are bound to support the U. S. Constitution
8. Concurrent (or shared) Powers Exercised by boththe national & state governments Examples: Both collect taxes, maintain courts, define crimes, borrow money, etc. Also, both fund & regulate education today (due to federal grant money to the states)
9. Denied Powers Denied Powers listed in Article I, Sections 9 & 10: 1. Some powers are denied to the national government (such as taxing exports, interfering in states’ responsibilities) 2. States cannot: make treaties with foreign governments, coin money, make any laws impairing contract obligations, grant titles of nobility, no interstate compacts without Congressional approval
10. Guarantees to the States from the National Government A republican form of government - elected representatives of the people 2. Protection from invasion & domestic violence (now includes natural disasters too) 3. Respect of the states’ territorial integrity- National government cannot take a state’s land away without its permission (but what about West Virginia?)
11. Admission of New States 37 states have joined since original 13 A. Congress admits new states: 1. It passes an enabling act 2. State prepares a constitution 3. If acceptable, Congress passes an act to admit the territory as a state B. Conditions for Admission: 1. Congress or president can impose conditions 2. Once admitted, conditions can only be enforced if they do not interfere with the state’s ability to manage its own internal affairs C. Equality for the States: once a state, it is equal with others (from the Articles of Confederation)
12. Obligations of the States 2 Important Functions: 1. Conduct & pay for national elections of all national government officials 2. States play a key role in the amendment process (3/4s of the states must approve an amendment)
13. Interstate Relations What 3 constitutional provisions are aimed at promoting cooperation among the states? 1. “Full faith & credit” – the states are to recognize the legal documents of the other states (birth certificates, driver’s licenses, court rulings) 2. “Privileges & immunities” - states are to treat citizens equally 3. Extradition - prevents criminals from fleeing to other states * All are found in Article IV
14. “Reasonable Discriminations” 1. Non-residents may not vote or serve on juries 2. Residency required to practice some professions (medicine, dentistry or law) 3. Non-residents have to pay higher fees to attend state-funded colleges 4. Non-residents have to pay higher fees to hunt &/or fish in another state
15. Interstate Relations Interstate Compacts - to work out problems but Congress must approve (i.e. water pollution, transportation, pest control, etc) Lawsuits between 2 or more states are heard in the U. S. Supreme Court
16. States’ Rights vs. Nationalists 1. States’ Rightists- favors state and local action in dealing with problems a. Feel the state governments are closer to the people & better reflect their wishes than national government b. Supporters: C. J. Roger B. Taney, George Wallace Strom Thurmond (“Dixiecrats”) 2. Nationalists- feel that the powers of the national government should be expanded to carry out the people’s will through the “necessary & proper” clause a. McCulloch v. Maryland b. President Franklin D. Roosevelt and the New Deal
17. 3 constitutional provisions which have expanded the power of the national government 1. War Power - national government has the power to wage war (Congress declares war, president is the commander-in-chief) 2. Commerce Power- Congress has the authority to regulate trade (Supreme Court has expanded this power) *Civil Rights Act of 1964 - forbids racial & gender discrimination in public accommodations (hotels & restaurants) because of interstate trade 3. Taxing Power - Congress can raise taxes & spend money to “promote the general welfare”
18. 2 ways has Congress used its taxing power to increase the national government’s authority 1. Regulating businesses 2. May use taxes to influence states to adopt certain kinds of programs (for example, raising the drinking age to 21) *Remember the 16th Amendment allows Congress to tax personal incomes
19. Changing State Actions & Laws How did African Americans use national attention to change policy in state and local governments in the 1950s and 1960s? Through non-violent protests which were broadcast on national television (for example, “The Children’s March” in Birmingham) *Congress used its’ power of regulating interstate trade to stop segregation & discrimination (passed the Civil Rights Act of 1964)
20. Federalism & Public Policy A. Affects how new public policies are made & imposes limits 1. sunset laws – periodic checks of government agencies to see if they are still needed 2. sunshine law - government meetings must be open to the public B. Policy may originate at the national, state or local level of government
21. Federalism and Political Parties 2 Major Parties have competed for control in national, state & local elections 87,900 total governments in the U. S. Control of government at all levels has shifted between these political parties throughout the years Federal system gives citizens many points of access to government & to opportunities to influence public policy Citizens can vote for state & local officials & work together to influence policies at all levels of government
22. How does federalism affect the two-party system in the U. S? Federalism increases opportunities for citizens of the U. S. to participate at the national, state and local levels (87,900 governments in the U. S.)
23. The Bureaucracy The bureaucracy is the 15 executive departments, agencies & commissions Growth of federal programs = large bureaucracy with specialized knowledge to implement programs (called the “4th Branch,” not elected by voters) Increase in federal programs has changed the political relationship between state & federal government officials
24. Differences Among States Federalism has contributed to important economic & political differences among the states These differences among states give U. S. citizens wider opportunities for choosing the conditions under which they live
25. The Direction of Federalism Dramatic shift of responsibilities back to the states (since President Nixon & still favored by the Republican Party) Shifting social policy responsibilities to state & local governments has led to innovative use of citizen’s abilities (& creates budget burdens on the states)