Chapter 3 Federalism
Download
Report
Transcript Chapter 3 Federalism
Chapter 3
Federalism
1
Federalism governments
Federalism = dividing power between two
separate governments
40 % of people live in federalist counties
2
Why Federalism?
Protect minorities from unjust majorities
Dividing power between national and local
governments
Division of power creates competition
Large group of leaders rather than one
Increase participation in the political
process
Allows states to try different policies that
may meet the needs best
3
Recipe for Federalism
Constitution provides structure – strong
national government
National
government needed the power to tax and
regulate interstate commerce
Congress needs to carry out laws that are
“necessary and proper” to carry out national
government powers, also called the implied
powers clause.
States cannot interfere with the national
government
States cannot make war, create an army, or coin
money
4
The 10th Amendment and the
States
Reserves powers to the states or people
States
rights to marriage, divorce, maintain control
of property, criminal law, contract law, highways,
education al systems, and social welfare
State has concurrent power = state and national
government are able to tax and spend, establish
court system, and make and enforce laws
White separatists used states rights to deny equal
opportunity to African Americans
5
The Federal System Evolves
State
centered Federalism, 1787-1868 = states
were independent and did not share power.
States in control of slave issue
Dual Federalism, 1868-1913 = National and
state government powers were separate
Cooperative Federalism, 1913-1964 = National
economy created, federal government had
power over states, can be compared to goulash
or a marble cake, relationship established to
solve policy problems
6
The Federal System Evolves
Centralized
Federalism, 1964-1980 = National
government had vision and goals, national
government takes primary responsibility and
directs state and local laws, compared to a
pineapple upside-down cake
Representational
Federalism, 1985-1995 =
States retain their constitutional role by electing
the president and members of congress
7
Federalism and the Federal Courts
Judges of Federalism
McCulloch
v. Maryland (1819) = State of
Maryland taxed the Baltimore branch bank,
which was established by congress, refused to
pay the taxes. Doctrine of national supremacy
established. National law is superior to any
other laws
Brown v. Board of Education (1954) = power of
the states to segregate ended by the national
government
State poll tax was found unconstitutional in 1966
8
Federalism
Federal Grants
Purposes
Supply state and local governments with
money
Establish minimum standards
Equalize resources
Minimize growth of federal agencies
9
Federalism
Types of Federal Grants
Categorical formula grants = funds set aside
for specific purposes (school lunch, welfare)
Block grants = broad grants for education,
social services, and healthcare. Can be sued
by the states with flexibility
Revenue Sharing = terminated in the states
and local governments by 1987
Project grants = a certain amount of money is
put toward a specific project, such as the
National Science Foundation
10
Tomorrow’s Federalism
More complex
States are more organized and have taken
on greater responsibilities
Preemption exists
Citizens are concerned with efficiency
Dual
Federalism = National and state
government powers were separate
11