Transcript Slide 1

The constitutional division of
powers between the national
government and state governments
Other systems include:
Confederations—constituent states
get together for certain common
purposes, but retain ultimate
individual authority (European
Union)—and
Unitary—the central government has
all the power (United Kingdom,
Japan, China)
Created by the
Founders
because:
Barrier against possible tyranny of
the national government
It was a major concern of small
states
A type of separation of powers
Virtual representation
Members of Parliament
did not represent
individuals or
particular geographic areas;
instead they represented the
entire nation
Actual representation:
every community
entitled to its own
representative
So, what happens if there is a
conflict between a federal law and
a state law?
The Federal
government &
state governments
each enact their
own laws. But…
As Chief Justice of the U. S. Supreme
Court, I’ll answer that one. According
to Article VI of the Constitution—the
national supremacy article—national
laws take precedence over state laws if
there is a conflict.
Challenging the Supremacy Clause
Three nullification crises
Alien and Sedition Acts
Tariff of Abominations
Fugitive Slave Act
Modern Day: local legalization of
marijuana—Proposition 19
Hey man, that’s like laws
legalizing marijuana in
some states can be
outlawed by the feds.
OK, then, Mr. Chief Justice, I
understand that. Tell me how
the Tenth Amendment factors
into Federalism.
The Tenth Amendment states that
powers not given to the federal
government and not prohibited to
the states are reserved for the
states and the people—that’s called
the reservation clause.
OK, but now I want to ask a REAL
judge something. Judge Judy, didn’t
McCulloch v. Maryland (1819) also
enhance the power of the Federal
government?
It sure did, Colbert. In 1819,
the Supreme Court ruled in
McCulloch v. Maryland that
states could not tax any part
of the federal government,
because if they did, that
would make a state superior
to the federal government.
That’s unconstitutional.
Good point, Judge Judy. So can
you also explain concurrent
powers and the concept of
horizontal federalism?
Not a problem. Concurrent powers are
those shared by both the federal
government and state governments.
They are things like the power to tax,
establish courts (both the U. S. and CA
have supreme courts, for example), make
their own laws, and spend money.
Now, horizontal federalism is a
term that refers to relationships
among the states. A key part of
that term is the “full faith and
credit” clause of Article IV of the
Constitution, where each state
is required to give “full faith and
credit” to the public acts,
records and judicial
proceedings of every other
state.
So, Judge Judy, does that
mean that our marriage in one
state must be honored in all
the other states?
That’s kind of a double edged sword
question, Rosie. On balance, the short
answer is yes. However Congress
passed the Defense of Marriage Act,
which denied Medicaid and Medicare
benefits to same-sex spouses and
authorized states to bar recognition of
same-sex marriages from other states.
Wow!, Judge Judy, you know a lot about
this stuff. Isn’t it true that originally the
states had a lot of power, but in the 20th
and 21st centuries the federal government
has taken on more power?
Right again, Colbert. The concept of
dual federalism goes back to the early
U. S. government in arguments
between Hamilton and Jefferson.
But, yes, since the New Deal, the
federal government has taken over
many powers originally held by the
states.
Nationalist: the Constitution was formed
by a compact among the people to
create a single, national community.
Hamilton and John Adams
States’ Rights proponents argue that
the Constitution was created as a
compact among the states and that the
Framers meant for the states to be
coequal with the national government.
Jefferson and Madison
So Judge Judy, haven’t some political
scientists used a cake analogy to
describe dual federalism?
You’re a fast learner, Colbert.
Yes: the marble cake analogy
and the layer cake analogy.
Which do you think is most
representative of dual
federalism today?
Marble Cake: a pragmatic
mixing of authority and
programs among national,
state & local governments
Layer Cake: a clear
delineation of authority
and programs among
levels of government
Simoncini to class: our textbook
does a great job discussing how
the concepts of federalism and
dual federalism have evolved
throughout the history of the
United States. Form into groups of
2-3 and list a David Letterman top
ten highlights in the evolution of
American federalism—pp. 67-73.
Yes, sir, Colonel, sir!!! But
I need someone to answer
one more question for me.
What is the concept of
devolution?
That’s OK, Colbert. Since the
time of President Ronald Reagan,
some in the federal government
have advocated delegating power
from the federal government to
the states.
Judge Judy, I’d like to
add to your
comments. Some of
us in government
have objected to the
federal government
taking over powers
originally held by the
states. In fact, in 1994,
I was so upset with
the fact that the
national (federal)
government
had taken
Speaker Newt Gingrich
of Georgia
over so many of the
The American
states’ powers, that
people agreed
my fellow Republicans
and voted in the
and I made a
first Republican
“Contract with
Congress in 50
America” to return
years
power to the states.
That’s true, Speaker Gingrich.
Originally, we Republicans
took the lead in devolution.
But my administration tended
to give more power back to the
federal government,
particularly with one of my pet
laws, the No Child Left Behind
Act. Heck! States just weren’t
doin’ the job!
Yep! And as your book notes, I, as a
Democrat—the party heretofore known for
taking more power for the federal
government—was a big proponent of
devolution. Funny how things like that work in
politics.
And, similar to
President Bush, I have
tended to swing toward
more power to the
national government.
What examples does
your text give?
Judge Judy, you and your friends
have done a great job educating me
on the basics of federalism. But I
know it’s time for you to retire to
your chambers. So now, I’m going
to ask some old friends to help me
with the concept of fiscal
federalism.
No problem, Colbert. You
were a pretty good student.
Who are your friends?
Fiscal federalism: that aspect of federalism
having to do with federal grants to states.
The Supreme Court
has ruled that the
Constitution’s
Supremacy Clause
does not allow the
states to reject
constitutional federal
laws. Over the past
several years, that fact
has often led to bad
feelings on the part of
many states.
That’s right, Monica. And in
the 20th century the federal
government has
increasingly become
involved in areas previously
handled by state and local
governments.
That’s true, Ross, but through revenue
sharing the feds at least give the states
money to do certain things and the
federal government gives the states a lot
of freedom in how they spend the money.
But isn’t it true that the federal
government can take away
money if the states don’t follow
certain rules?
That’s right, Rachel. In 1973, President
Nixon ordered the national speed limit
changed to 55 miles per hour, to
conserve energy. The state of Montana
refused to enforce the law. The federal
government then told Montana that if
they continued not enforcing 55 mph
that they would take back all federal
highway funds given to that state.
Hey Simoncini! I think this
might be a great time for
another group project.
Yeah, Simoncini.
That’s a super
idea A. J. has.
Football Simoncini here in
1964. Go ahead, break
into groups of 2-3 and list
and give examples for
each of the types of
grants shown.
Uh, like, OK. One
time I heard about
grants-in-aid. What
are they?
Good question, Phoebs. Grants-in-aid are
money that the federal gives to pay for state
and local activities specifically authorized by the
federal government. For example, the Morrill
Act of 1862 let states sell federal land in their
states but they had to use the money to build
colleges.
Cool! But in one of my scenes on
Days of Our Lives, as Dr. Drake
Remore, I had a line in which I
talked about categorical grants.
What are they?
That makes sense, Joey. You see
categorical grants are money grants
the federal government makes to
states clearly specifying what the
money can be used for, like building
hospitals for public use. With those
grants, Congress may also require the
states to contribute some of their own
funds as well.
OK. So I feel like a blockhead for
asking, but what then is a block
grant?
Well, let’s see. Oh, yeah. A block
grant is a form of a grant-in-aid
where a state or city can use the
funds for a broadly defined area
such as welfare, education, public
transportation systems, or anticrime programs.
Hmmmm. I guess I understand
grants. So what, then, is a federal
mandate?
Joey, federal mandates are
formal orders from the national
government that the states
must carry out certain policies.
The issues that mandates are
for affect people in all or most
of the states.
I still don’t get it. Can you give
me an example, Monica?
Sure, Joey, and don’t feel bad.
Actually, it gets more
complicated. There are really
three different forms of federal
mandate.
The 3 types of federal
mandates that Monica
referred to are:
1. A law directing state or local
governments to take action on
a particular issue—like the
1986 federal law requiring
schools to take certain steps
to protect children from
exposure to asbestos.
Right on, Chandler! Ok,
2. Some federal mandates give
states the choice between
undertaking a federallydirected activity themselves or
having the federal government
do it. Like in 1970, in the
Clean Air Act, the federal
government said the states
could enforce the law or the
federal government would
enforce it if a state would not.
Great Phoebes. Third, federal
mandates could come in the
form of strings attached to
federal aid—or to receive
federal money for a given
program, a state or local
government must follow certain
requirements. In 1986, the
federal government said it
would take away federal
highway construction money to
any state whose minimum age
to drink alcoholic beverages
was 20 or less.
I’m so proud of my big brother.
But, Ross, have there been
complaints about federal
mandates?
I’ll answer that one, Monica.
Some people, like me, think
that too many federal
mandates violate states’ rights.
We particularly object to
unfunded mandates—where
the federal government gives a
requirement but provides to
money to pay for it.
Hey, Mr. Gingrich. Can you
give us an example of an
unfunded mandate that the
states objected to?
Certainly, Rachael. In 1993, the
national “Motor-Voter” law required
states to let people register to vote
when they registered for a driver’s
license. The states complained that
that cost additional money and the
federal government gave them none.
So, in this short
chapter, we are
going to get to
know something
about the
American people
who make up our
electorate.
The Unites States
today is a very
diverse nation. We
are a nation of
immigrants.
Discuss in small
groups what you
know about the
history of American
immigration.
1954
Chapter 4: U. S. Immigration history
Indentured servants (prisoners in Georgia)
African slaves
1830s: Irish (rise of nativism or xenophobia)
1882: Chinese Exclusion Act
(1892 and 1902)
1906: Gentlemen’s Agreement with Japan
(San Francisco)
1930s: St. Louis Affair
Latinos and Debt Peonage
Today—1990s more than any decade
(9.1M (L) & 3.5M (I)
Figure 4.3: Where Americans Live
1950
1960
1970
1980
1990
2000
43.9%
32.9%
23.2%
37.0%
32.3%
30.6%
31.4%
31.4%
37.2%
25.2%
30.0%
44.8%
22.5%
31.3%
46.2%
18.1%
24.9%
57.0%
What is your analysis of this
chart?
American population moved steadily
southward and westward
The Sun Belt
The U. S. is getting older (12.7 elderly)
1967 to 2000:
Median household income 30%
GDP
120%
Poverty (2006) 37 million or 12.3% of all
Americans
Racial minorities
Single-parent, female-headed households
24% African Americans; 21% Hispanics
2006: Top 20% (quintile): 50% of national
income
The aging American population and
campaigns, voting and legislation
Older people vote more and are more
politically angry
Baby Boomers (1946-1964)
Spoiled
Demands for spending on social and
medical programs aimed at helping
older people
May have negative affect on education/
higher education
When Paul sleeps
in class he dreams
of one day having
a large income.
How has the
income of
Americans
changed over the
decades?
Median household income: grown only
modestly (30% 1967-2008 while GDP
grew >300% over same period)
2008-2009: median household income fell
$2,000 (not yet returned to 1990s levels)
African American and Hispanic households
have lowest incomes
Recently, white, non-college-educated men
also hit hard
Mustang seniors,
what tends to
happen when
household income
is either stagnant
or in decline?
Yeah, but when household
income is rising, Americans
tend to express satisfaction
with their elected officials,
as they did with me.
Even though Miss Becky and I
are rich in so many ways, with
the 2% pay cut we took, I feel
poor sometimes. Someone
please discuss poverty in the
United States.
1955: 25% of all Americans fell below the
federal government’s poverty line
1973: down to 11.1%
2009: 14.3%
Poverty in the United States (Cont’d)
2009: 44 million Americans
Unlikely to fall due to stagnant job growth
Likely to grow in the near future
U. S. poverty rate substantially higher than
in other wealthy democracies
Distribution of poverty along racial lines and
particularly high among single parent, femaleheaded households
2009: 26% African Americans; 25% Hispanic
Americans; linked to range of socially
undesirable outcomes
Students, I’m Daniel Akerson,
CEO of General Motors. What
has been a long-term social
result of the rise of corporations in the United States?
An impressive expansion of the
middle class and a general rise
in the American standard of living
Students, I am U. S.
Secretary of Commerce,
Gary Locke. How have
hyper-competition and
globalization changed the
American economy?
Investors: move money to companies they
believe will have highest rate of return
Customers: insist on best possible products
at lowest prices
Has led to demise of once powerful companies
Hey Dad, what have been
some of the implications of
America’s expansive role in
world diplomatic, economic,
and military affairs since
World War II?
A large and very expensive
military establishment
Students, it’s now time for a
short group project. Form
into small groups to discuss
America’s core values of
individualism, distrust of
government, democracy
and freedom, populism and
religious beliefs. Be
prepared to give examples
of each. Are there any
others not listed in the
book?