Transcript Federalism
FEDERALISM US Government Mrs. Lacks Added to the Constitution… bills of attainder (writ of taintedness): trials conducted by a legislative body without trial by jury (unconstitutional) ex-post facto laws: declaring an act criminal after the act was committed (unconstitutional… usually) habeas corpus: imprisonment without first being brought before a judge or magistrate The First Congress the First Congress would be charged with creating these laws as well as… completing of the Bill of Rights & the seven articles Creating the Judicial Branch Article III mentions scant little about this branch, only that a Supreme Court would exist. creation was completed with the Judiciary Act of 1789, then Marbury v Madison created judicial review. Our judicial branch was the first to stand separate from a legislative and/or executive branch. Federalism a system in which two or more governments simultaneously exercise power and authority Why Federalism? Means of dispersing power Protects democracy Use states to test new programs/policies Feared “tyranny of the masses” Kinds of Federalism Dual Cooperative Fiscal Dual Federalism Creation of the framers (pre-New Deal) two distinct layers of government in which power is not shared within their separate spheres of influence known as “layer cake” federalism (within their dominions, states are as powerful as the federal government; each unit is sovereign) Dual Federalism Example: States: marriage, voting rights and education Federal government: war, currency, interstate commerce. Exception: concurrent powers (ex. police and taxation powers) Cooperative Federalism “marble cake” federalism Began with New Deal, continued with Great Society More sharing of responsibility Fiscal Federalism Federal government gives money to state or local governments (grants) Devolution Revolution The effort to slow the growth of the federal government by returning many functions to the states Began with Nixon vision of the “New Federalism” designed to decentralize federal policies, hence, reverse the ever-rising tide of federal encroachment Devolution Revolution Jimmy Carter cut national aid to states introduced the Sunset law (the reduction of the size of the federal bureaucracy by terminating programs and personnel when said programs outlived their usefulness) Devolution Revolution Ronald Reagan (Reagan Revolution) cut federal taxes by a third, hoping to force a proportional reduction in federal programs, primarily social programs that were given birth under FDR’s and LBJ’s administrations. Devolution Revolution Bill Clinton Reinvent Government, the intent to shift powers from the federal to the state level (welfare) Contract with America: Republican Congress’ plan to reverse the growth of the federal govt (Newt Gingrich) Growth of Federal Govt 2006 Midterms: return of Democratic dominance in both the House and Senate 2008 Election: President Obama Instilled policies calling for redistribution of wealth and opportunity (ex. universal health care, increased taxation) The Powers of Government in the Federal System The distribution of powers in the federal system consists of several parts: Denied Powers Article I, section 9 lays out powers denied to the central government. For example: give preference to ports of one state over another Article I, section 10 lays out the powers denied to the states. For example: enter into treaties, alliances, or confederations Enumerated Powers Aka expressed, explicit, or delegated Powers held only by the national govt Directly listed in the Constitution lay and collect taxes, duties, and imposts provide for the common defense and general welfare of the United States regulate commerce with foreign nations, and among the states, and with Indian tribes coin money and regulate the value thereof declare war Reserved Powers Powers given to the state governments alone (10th Amendment) Supremacy Clause When state and federal laws conflict, federal laws supersedes Implied Powers The central government may make all laws which shall be necessary and proper for carrying into execution the enumerated powers. Aka Elastic Clause (expands the powers of the national government) Interstate Relationship Clauses Full faith and credit (states must accept binding contract granted by other states) Extradition (The right of one state to demand that an alleged or convicted criminal be sent back to his or her state of origin – site of the crime) Interstate Compacts States’ Rights vs. Federal Rights? Who should have more power? Centralists – People who favor national action over action at the state and local levels. Decentralists – People who favor state or local action rather than national action.