Chapter 3 Federalism
Chapter 3 Federalism
Three Systems of government Unitary System -centralized government in which local governments exercise only those powers given to them by the central government Confederal System-consists of a league of ndependent states, each having essentially sovereign power Federal system-power is divided by a written constitution between a central government and regional governments
Three Systems of Government • Unitary System – centralized government in which local governments exercise only those powers given to them by the central government • Confederal System – consists of a league of independent states, each having essentially sovereign power • Federal System – power is divided by a written constitution between a central government and regional governments
Figure 3-1: The Flow of Power in Three Systems of government UNITARY CONFEDERAL FEDERAL Central Government Central Government Central Government Local/State Local/State Local/State Local/state Local/state Local/State Local/State Local/state
Figure 3-1: The Flow of Power in Three Systems of Government
Why Federalism? A Practical Solution-to the dispute between advocates of a strong central government and states rights advocates Geography and population make it impractical to locate all political authority in one place Brings government closer to the people State governments train future national leaders State governments can be testing grounds for policy initiatives Federalism allows for many political subcultures
Why Federalism? • A Practical Solution – to the dispute between advocates of a strong central government and states’ rights advocates • Geography and population make it impractical to locate all political authority in one place • Brings government closer to the people • State governments train future national leaders • State governments can be testing grounds for policy initiatives • Federalism allows for many political subcultures
Constitutional basis of powers of the national government Enumerated Powers- First 17 clauses of article I, Section 8, examples include coining money, setting standards of weights and measures declaring war Elastic clause-the clause in article I section 8 that grants Congress the power to do whatever is necessary to execute its specifically delegated power Inherent Powers- powers derive from the fact that the United States is a sovereign power among nations
Constitutional Basis of Powers of the National Government • Enumerated Powers – First 17 clauses of Article I, Section 8, examples include coining money, setting standards of weights and measures, declaring war • Elastic Clause – the clause in Article I, Section 8, that grants Congress the power to do whatever is necessary to execute its specifically delegated power • Inherent Powers – powers derive from the fact that the United States is a sovereign power among nations
The american Federal System-The division of Powers between the National government and the state governments Selected Constitutional Powers National and National government State State Governments Governments EXPRESSED CONCURRENT RESERVED TO To coin money To levy and THE STATES To conduct foreign relations collect taxes To regulate To regulate interstate commerce To borrow Intrastate commerce To levy and collect taxes money To conduct To declare war · To make and elections enforce laws To provide for To raise and support the military To establish public health, safety, To establish post offices courts d morals To establish courts inferior to the Supreme Court. To provide for.To establish local · To admit new states the general governments IMPLIED welfare To ratify I"To make all Laws which shall be necessary and proper. To charter banks amendments to the for carrying into Execution the foregoing Powers, and and corporations federal constitution all other Powers vested by this Constitution in the · To establish a state Government of the United States, or in any Department militia or Officer thereof. (Article 1, Section 8, Clause 18)
The American Federal System – The Division of Powers between the National Government and the State Governments Selected Constitutional Powers National Government National and State Governments State Governments EXPRESSED • To coin money • To conduct foreign relations • To regulate interstate commerce • To levy and collect taxes • To declare war • To raise and support the military • To establish post offices • To establish courts inferior to the Supreme Court • To admit new states IMPLIED “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” (Article 1, Section 8, Clause 18) CONCURRENT • To levy and collect taxes • To borrow money • To make and enforce laws • To establish courts • To provide for the general welfare • To charter banks and corporations RESERVED TO THE STATES • To regulate intrastate commerce • To conduct elections • To provide for public health, safety, and morals • To establish local governments • To ratify amendments to the federal constitution • To establish a state militia
The American Federal System- The Division of Powers between the National Government and the state Governments Selected Powers denied by the constitution National and state National government State Governments Governments To tax articles exported · To grant titles of To tax imports or from any state nobility exports To violate the bill of To permit slavery To coin money Rights · To deny citizens the To enter into treaties To change state boundaries right to vote because of. To impair obligations To suspend the right of race, color,or prevlousof contracts habeas corpus servitude To abridge the To make ex post facto laws To deny citizens the privileges or immunities To subject officeholders to right to vote because of of citizens or deny due a religious test gender rocess and equal protection of the laws
The American Federal System – The Division of Powers between the National Government and the State Governments Selected Powers Denied by the Constitution National Government National and State Governments State Governments • To tax articles exported from any state • To violate the Bill of Rights • To change state boundaries • To suspend the right of habeas corpus • To make ex post facto laws • To subject officeholders to a religious test • To grant titles of nobility • To permit slavery • To deny citizens the right to vote because of race, color, or previous servitude • To deny citizens the right to vote because of gender • To tax imports or exports • To coin money • To enter into treaties • To impair obligations of contracts • To abridge the privileges or immunities of citizens or deny due process and equal protection of the laws
The growth of the national Goⅴ ernment McCulloch v. Maryland (1819)-established the implied powers of the national government and the idea of national supremacy (from the necessary and pi proper clause from the supremacy clause) Gibbons v. Ogden(1824)established that the ower to regulate interstate commerce was an exclusive national power fro om the commerce clause)
The Growth of the National Government • McCulloch v. Maryland (1819)- established the implied powers of the national government and the idea of national supremacy – (from the necessary and proper clause) – (from the supremacy clause) • Gibbons v. Ogden (1824) – established that the power to regulate interstate commerce was an exclusive national power – (from the commerce clause)
The Shift Back to States' Rights in the jacksonian era e Nullification- the idea that states could declare a national law null and void e Secession -the withdrawal of a state from a union
The Shift Back to States’ Rights in the Jacksonian Era • Nullification – the idea that states could declare a national law null and void • Secession – the withdrawal of a state from a union
War and the growth of the National goⅴ ernment The defeat of the South ended the idea that states could secede from the union The defeat of the South also resulted in an expansion of the powers of the national government(the opposite of what the South was fighting for) New governments employees were hired to conduct the war effort, and reconstruction a billion dollar budget was passed o a temporary income tax was imposed on citizens e Civil liberties were curtailed because of the war effort and the nationals government's role expanded to include providing pensions to veterans and widows
War and the Growth of the National Government • The defeat of the South ended the idea that states could secede from the Union. • The defeat of the South also resulted in an expansion of the powers of the national government (the opposite of what the South was fighting for) • New governments employees were hired to conduct the war effort, and Reconstruction • A billion dollar budget was passed • A temporary income tax was imposed on citizens • Civil liberties were curtailed because of the war effort and the national’s government’s role expanded to include providing pensions to veterans and widows