Federalism

1. 0 Federalism

2. Focus of Lecture • To explain the way nations order relations between central, state, and local units in terms of three models: 1) the unitary system, 2) the confederal system, and 3) the federal system. • To explain the reasons the US selected federalism. • To explain the evolution of Federalism in the US.

3. Students Should Be Able To Explain: • The way nations order relations between the central, state, and local units • The three systems of government: unitary, confederal, and federal

4. Students Should Be Able To Explain: • That the Constitution sets out powers within three classification types: • the powers of the national government • the powers of the state government • And prohibited powers. • The evolution of Federalism in the US.

5. Why Is Understanding Federalism Needed? • If your road is rendered impassable by snow, which governmental level does a citizen go to for assistance? • Does a citizen contact: • Federal Authorities? • State Authorities? • City Authorities? • County Authorities? • Special District Authorities?

6. 0 • The question is asking which governmental level does a citizen go to? • Another way to ask the same question is: what is the order of relations between governmental levels? • The governmental levels are: • National (AKA, central), state,and local (that is, city, county, and special districts). • Accordingly, when a question is asked, that answer is resolved by the governmental level that has been given that authority.

7. Back to basics: what does government mean? • Government is an organization extending to the whole society that can legitimately use force to carry out its decisions. • Next, what are the levels of government? • Dye, T. R. 2003:4. Politics in America. Upper Saddle River: NJ. Prentice Hall.

8. There Is The Central Government: 0 • Also known as the national government. • It is the government at the level of the nation-state. • Nation-state refers to a particular type of state in which a government has sovereign power within a defined territorial area, and the mass of the population are citizens who know themselves to be part of a single nation.

9. The Central Government: (Cont’d) 0 • A central government’s responsibilities include maintaining national security and exercising international diplomacy (e.g., the right to sign binding treaties). • See, 3 Branches of Government Table:http://professorwsmith.com/2301Trad/3branchesgovt.htm

10. There Is The State Government • Denotes subnational entities. • That is, any one of the fifty subnational entities of the United States, for example, Texas, California, and New York. • States address such issues as education and the health and welfare of its citizens. • See, 3 Branches of Government Table:http://professorwsmith.com/2301Trad/3branchesgovt.htm

11. There Is Local Government • Local governments are administrative offices that are smaller than a state or province. • Local governments in the United States consist of cities, counties, and special districts. • Local governments’ responsibilities usually consist of such actions as police protection, garbage collection, water, and sewer services. • See, 3 Branches of Government Table:http://professorwsmith.com/2301Trad/3branchesgovt.htm

12. A City Government Is? • An incorporated administrative district established by state charter. • Examples of city functions are hiring police and firefighters to protect the community; cities enforce building and safety codes; passing anti-litter ordinances; issuing garage sale permits; maintaining recycling programs; launching anti-graffiti programs; impounding stray animals for the safety of the community; and enforcing curfews, see p.978 (Schmidt et al: 2009-2010, 14th edition). • This term’s definition was obtained from this link: http://wordnetweb.princeton.edu/perl/webwn?s=city • See, 3 Branches of Government Table: http://professorwsmith.com/2301Trad/3branchesgovt.htm

13. A County Government Is? • The largest administrative division of a U.S. state (where they carry out administrative responsibilities for state’s as well as enforce and collect certain state taxes, p.991 (Schmidt et al: 2009-2010, 14th edition). • Examples of county functions are securing rights-of-ways for highways; registering births, deaths, and marriages; registering motor vehicles; recording land titles and deeds; and collecting some state taxes and fees, p.992 (Schmidt et al: 2009-2010, 14th edition). • Definition was obtained from this link: http://dictionary.reference.com/browse/county • See, 3 Branches of Government Table: http://professorwsmith.com/2301Trad/3branchesgovt.htm

14. A Special District Is? • A local government that provides a single or closely related service that is not provided by the county or a city, p.998 (Schmidt et al: 2009-2010, 14th edition). • For example, a special district, may be established to provide water and sewer facilities for a housing development. This government unit will have the authority to borrow to build the system and may assess taxes and user fees on property owners and residents, p.998 (Schmidt et al: 2009-2010, 14th edition). • See, 3 Branches of Government Table: http://professorwsmith.com/2301Trad/3branchesgovt.htm

15. There are nearly 89,000 Governments in the United States: • Federal Government • State Governments • County Governments • Municipal Governments (i.e., cities) • Township Governments • Special district Governments(i.e., water, sewer, and so on) • School district Governments TOTAL 1 50 3,034 19,42916,504 36,052 13,506 88,576

16. 0 The following link reviews these five levels within the context of three branches(i.e., the central, state, and local governments),using Texas, San Antonio as an example?Press below, 3 Branches/5 Levels of Government Link: http://professorwsmith.com/2301Trad/3branchesgovt.htm

17. There are threeways of ordering relations between central, state, and local units.

18. 0 Unitary System Confederal System Federal System

19. 0 • Unitary System - a strong central government; local governments only have powers given to them by the central government.

20. 0 • Confederal System- it has strong state governments; the central government only has powers given to it by the states.

21. 0 • Federal System - power is divided between central government and states; each has its own sphere of influence. • Sphere of influence - A region in which political and economic influence or control is exerted by one government over another (Webster).

22. 0

23. 0 For The Nation, The United States Selected A Federal System Federalism: Power is divided between central government and states; each has its own sphere of influence.

24. So, Why Do You Need To Know About The Federal System? • If you have a problem which involves the government, will you know where to go? Let’s ask this question again? • If your road is rendered impassable by snow, what can you do? • Is snow removal the responsibility of the federal government? • Is it a state or municipal responsibility?

25. Why Do You Need To KnowAbout The Federal System? • Knowing that you have a stake in a clear road does not help you unless: • you know that snow removal is usually a city or county responsibility. • and if you can identify the municipal agency that deals with the problem.

26. Federalism Allows CitizensTo Be Autonomous: • If you live in Huntington, West Virginia, you might decide to spend a Saturday night cruising in a friend’s new car. • In Fargo, North Dakota, the same weekend plans would get you a ticket, as Fargo has an anti cruising ordinance.

27. Federalism Allows CitizensTo Be Autonomous • If you lose your job in New Hampshire, the highest level of unemployment insurance benefits you can receive is $301 per week. • In Massachusetts, you could receive as much as $646 per week.

28. Federalism Means Choice: But Requires Knowledge: • Choice—citizens can decide laws based on their state’s needs—providing a sense of autonomy. • Knowledge—citizens need to know and need to ask who is responsible or has authority in a situation.

29. Historical Reasons For Selecting Federalism: • It helps to secure democracy and human rights. In smaller political units (i.e., towns and cities), individuals can participate more directly. • It can retain state traditions and local power while establishing a strong national government capable of handling common problems.

30. Historical Reasons For Selecting Federalism: (CONT’D) • Federalism helps bring government closer to the people. That is, it allows more direct access to, and influence on, government agencies and policies.

31. Constitutional Basis for US Federalism: • Although federalism is not specifically stated in US Constitution, if can be inferred because the US Constitution sets out different types of powers for central, state, and local units. The powers are classified as: • the powers of the national government. • the powers of state governments. • prohibited powers (which exist under both national and state governments).

32. The Powers of National Government: • Inherent Powers • Expressed Powers • Implied Powers • Concurrent • Prohibited • Supremacy

33. The Powers of National Government: • Inherent Powers: • These powers derive from the fact that the United States is a sovereign power among nations, and as such, its national government must be the only government that deals with other nations, for instance, making treaties, waging war, seeking trade, and acquiring territory. • Example: Using such powers, the federal government made the Louisiana Purchase in 1803 and acquired Florida, Oregon, Alaska, Hawaii, etcetera with the use of this same power.

34. The Powers of National Government (Continued): • Expressed Powers (AKA, Enumerated, Explicit, or Delegated): • Coining money • Setting Standards for weights and measures • Making uniform naturalization laws • Admitting new states • Establishing post offices • Declaring war • Regulating commerce among the state (i.e., interstate commerce).

35. The Powers of National Government (Continued): • Implied Powers: • “Necessary and Proper Clause” or referred to as the“Coefficient” or “Elastic” clause: • It grants Congress the power to do whatever is necessary to execute its specifically delegated powers. • Example: in 1791, Alexander Hamilton (1st United States Secretary of the Treasury) used the Necessary and Proper Clauseto defend the constitutionality of the creation of the First Bank of the United States (it was the first federal bank in the new nation's history). Information was obtained from this link: http://en.wikipedia.org/wiki/Necessary_and_Proper_Clause

36. The Powers of National Government (Continued): • Concurrent Powers: • Powers held jointly by the national and state governments. • An example of a concurrent power is the power to tax. • At the national level only the national government may set a tax on imported goods (AKA, levying a tariff on imports).

37. The Powers of National Government (Continued): • Prohibited Powers: • It is a power(s) that is/are denied to one or more governments. The forthcoming example gives power to the national government . • Example: No state is allowed to enter into a treaty on its own with another country—only the national government may do this.

38. The Powers of National Government (Continued): • Supremacy Clause: The constitutional provision that makes the Constitution and federal laws superior to all conflicting state and local laws. That is, states cannot use their reserved or concurrent powers to thwart (prevent) national policies.

39. The Powers of State Governments: • Concurrent • Prohibited • Police Powers • Interstate Compact

40. The Powers of State Governments (Continued): • Concurrent Powers: • Powers held jointly by the national and state governments. • An example of a concurrent power is the power to establish courts. • At the state level, only the state government may sanction a county sales tax.

41. The Powers of State Governments (Continued): • Prohibited Powers: • It is a power(s) that is/are denied to one or more governments. The forthcoming example gives power to the states. • Example: the national government cannot create a national public school system. Accordingly, only the state can create a school system within its borders.

42. The Powers of State Governments (Continued): • Police Powers--The authority to legislate for the protection of the health, morals, safety, and welfare of the people. • In the United States, most police powers are reserved to the states through the Tenth Amendment.

43. The Powers of State Governments (Continued): • Examples of Police Powers • The right to tax; • the right to regulate land use through a general plan and zoning; • the right to require persons selling real estate to be licensed; • the right to regulate rent control; • the right to regulate pollution and environmental control. Courtesy of “RealTown Words” (September 15, 2010) http://www.realtown.com/words/police-power

44. The Powers of State Governments: • Interstate compact is an agreement between two or more states. Agreements on minor matters are made without congressional consent, but any compact that tends to increase the powers of the contracting states relative to other states or relative to the national government generally requires the consent of Congress. • This is a power of the states; but also it can fall under the power of the national government.

45. Not A “Full” Power of State Governments (Continued): • Interstate compactcan become a power under the national government when a major decision must be made by Congress. • WHY? Any compact that tends to increase the powers of the contracting states relative to other states or relative to the national government cannot be made without the consent of Congress. • AN EXAMPLE OF AN INTERSTATE COMPACT: The establishment of the Port Authority of New York and New Jersey by an interstate compact between those two states in 1921 and the regulation of the production of crude oil and natural gas by the Interstate Oil and Gas Compact of 1935.

46. Evolution of Federalism: 0 • 1787-1865—State-Centered Federalism—The Early Years • 1865-1937—Dual Federalism • 1937-1960—Cooperative Federalism • 1960-1972—Creative Federalism(AKA, centralized or functional federalism) • 1972-Present—New Federalism(AKA, Devolutionary or New Age)

47. 1787-1865: State-Centered Federalism—The Early Years These are the early years of federalism where usually the states were the most important units in the American federal system. People and businesses looked to the states for the resolution of most policy questions and the provision of most public services.

48. 1787-1865: State-Centered Federalism For example, during this time, the Federal government (also known as the central government) begins to grow in size and greater decision making power over the states. For example, in the area of interstate commerce, Congress would make such decisions and not the states.

49. 0 State-Centered Federalism—McCulloch v. Maryland (1819): Facts of the Case:  In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore Maryland branch of The Second Bank of the United States, refused to pay the tax. Maryland took James McCulloch to its state court and the state of Maryland won against him (so McCulloch was suppose to pay the tax). But, the national government appealed the case to the United States Supreme Court. Courtesy of “Oyez” (May 12, 2010): http://www.oyez.org/cases/1792-1850/1819/1819_0

50. 0 • State-Centered Federalism: McCulloch v. Maryland (1819): • Questions—the case presented two questions: • Did Congress have the authority to establish the bank? • Did the Maryland law unconstitutionally interfere with congressional powers? Courtesy of “Oyez” (May 12, 2010): http://www.oyez.org/cases/1792-1850/1819/1819_0