Chapter 4Federalism

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Dividing Government Power

•After much debate, the Framers designed a federal system that they hoped would strengthen the national government and protect states’ rights.

•The Constitution divides power between two levels of government: national and state governments.

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• The powers granted to state governments are called reserved powers.

• Concurrent powers may be exercised by the national and state governments.

• States must give full faith and credit to the laws of other states

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• Without power to raise funds, national government not strong enough to deliver stability or economic unity

• Unitary rule—all power held by strong central authority—out of the question

• Founders suspicious of powerful central government, like British monarchy

• Framers sought to forge a republic

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• Framers devised plan with authority balanced between nation and states

• Carefully divided power between two levels of government—state, national–All powers dealing with states’ common interests—

national defense, control over currency—assigned to national government

–All other powers remained with states

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•Expressed powers: powers granted to national government by Constitution

•Article I, Section 8: expressed powers of legislative branch—power to issue money, collect taxes, pay debts, regulate trade, declare war, raise and maintain armed forces

•Expressed powers of other two branches listed in Articles II, III

•Article II gives president power to command armed forces, conduct foreign relations

•Article III gives judicial branch power to rule on constitutional issues, cases involving U.S. government, disputes among states

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Implied Powers

• Implied powers: not specifically listed but logical extensions of expressed powers

• Article I, Section 8:necessary and proper clauseInherent Powers• Inherent powers: historically recognized as naturally belonging

to all governments that conduct business of sovereign nation• Reserved powers belong to states because they are not delegated to

national government, nor prohibited from states

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• Power to collect taxes is a concurrent power: power held by national government, state governments at same time

• Both levels of government can establish courts, make and enforce laws, build roads, provide education, borrow and spend money

Supremacy Clause

Article VI:Says that the Constitution, national laws, and treaties are supreme over state laws.

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• Article IV: full faith and credit clause–Requires states give “full faith and credit” to

public acts, official records, judicial proceedings of every other state

–Limits on both.

States can’t coin money, have an army, make treaties, or tax imports.

Federal can’t deny trial by jury, grant titles of nobility, or limit basic freedoms.

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•Before the Civil War, American federalism was guided by the principle of dual federalism, or the idea that the national and state governments were equal in authority.

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• Gave Supreme Court power to resolve conflicts between nation and states

• Article III gives judicial branch authority to hear cases involving Constitution, U.S. laws, disputes between states

The Marshall Court• 1819, McCulloch v. Maryland: bank dispute

reached Supreme Court• Court ruled in favor of nation’s authority to start bank• Bank would help nation properly execute powers to

regulate commerce and currency

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“A House Divided”• U.S. became bitterly divided over issue

of slavery• Debate wrapped up in arguments about

states’ rights and national power

•Doctrine of nullification: some southern politicians (John C. Calhoun) believed states had right to nullify national laws that contradicted or clashed with state interests

•Doctrine of secession: idea that states had right to separate from Union

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After the Civil War

•1865: Confederacy surrendered; Union restored

•Defeat of Confederacy settled matter of slavery

•War firmly established national supremacy

•Passage of 13th 14th, and 15th Amendments.

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• National and state governments worked together to meet crisis

• Federalism under New Deal known as cooperative federalism

1933: President Franklin D. Roosevelt introduced New Deal- assisted unemployed, elderly, provided jobs.

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New Federalism

Reagan wants to return power to the states (1980).

Republicans “Contract with America” promotes idea of devolution- returning power to states. (1994)

Lyndon Johnson’s Great Society –initiative to help poor. Provides Medicaid to provide free healthcare.

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Federalism Today

• Fiscal federalism is a system in which the national government uses grants and mandates to influence state policy to achieve national ends.

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Grants-in-aid from the national government to the states have increased the influence of the national government.

Most federal aid is distributed to states in form of categorical grants

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Block grants: federal grants given for more general purposes, broad policy areas (welfare, public health, education, etc.,)

States prefer block grants; designed to allow state to spend money as it sees fit

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Federal mandates: demands on states to carry out certain policies as a condition of receiving grant money

Used to make southern states enact civil rights, busing, desegregation.

Education- “No Child Left Behind (Bush)”- unfunded mandate.

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Laboratories of Democracy

In American federalism, the states are often testing grounds for new approaches to meeting the needs of the people.