Government-Chapter 3-PowerPoint Notes

Government-Chapter 3-PowerPoint Notes

• Federalism:
  
  • Constitutional division of power between the national government and state governments
    
  • Power comes from Constitution
    
  • Local government units can make decisions regarding some government activities
    
• Reasons:
  
  • Unitary system was unwanted (Too much like British rule, fears of strong governments)
    
  • Confederate system was unwanted (Too much like the Articles)
    
  • Allows unity, but not uniformity (Differences are a plus)
    
  • More suitable for geographically large nations (Differences are a plus)
    
  • More suitable for heterogeneous people (Differences are a plus)
    
  • More likely to check tyranny
    
  • Frees national government to concentrate on national matters
    
  • Frees states from excessive intrusion on strictly state/local matters
    
  • Encourages experimentation
    
    • Some states adopting laws, other states may follow
      
• Pluses:
  
  • Keeps government closer to people, more opportunities to participate
    
  • Contributes to government strength, political flexibility, and fosters individual liberty, and the development of leaders
    
• Minuses:
  
  • Block progress on protects powerful local interests
    
• Defining Federalism:
  
  • 
    

-----	Unitary	Confederate	Federal
Central government	Holds primary authority Regulates activities of states	Limited powers to coordinate state activities	Shares power with states
States Government	Little or no power Duties regulated by central government	Sovereign Allocate some duties to central government	Shares power with central government
Citizens	Vote for central government official	Vote for state government officials	Vote for both state and central government officials

• Historical Developments:
  
  • Duel Federalism {Layer cake}
    
    • State and national governments remained supreme rulers of their own little world
      
    • They don't share power or policy assignments
      
    • Narrow interpretation of national government powers
      
  • Cooperative Federalism {Marble Cake}
    
    • Mingling of responsibilities between state and national government
      
    • Sharing of powers and policy assignments (sharing is caring)
      
    • Broad interpretation of national government powers
      
  • New Federalism:
    
    • Shifting some authority back to states
      
    • Example: Block grants
      
      • Unfunded Mandate Reform Act of 1995
        
    • Supreme Court actions consistent with devolution of authority back to states
      
    • Evolution towards greater federal control throughout most of the 20th century
      
• Federal Aid and Control
  
  • Conditions of aid:
    
    • Tell states what they must do for the money
      
  • Mandates:
    
    • Federal rules that states or localities must obey
      
• Constitutional Basis of Federalism
  
  • National Powers-Delegated
    
    • Expressed powers - Stated
      
    • Implied powers -Suggested
      
    • Inherent powers -Not stated, but upheld
      
  • State Powers-Reserved
    
    • Amendment 10
      
      • Examples: Establishing voting requirements, running elections …
        
  • Concurrent Powers-Held by nation and states
    
    • Granted to congress, but not denied by Constitution or courts to the states
      
    • Questions are decided by courts
      
  • National supremacy: National government supreme in case of conflict
    
• Increasing National Power
  
  • Gibbons v. Ogden: Court defined commerce broadly to include all "intercourse" between states
    
  • Heart of Atlanta Motel v. US: Court upheld the Civil Rights Act of 1964 using the Commerce Clause
    
• What is Left of State Power:
  
  • Lope Case:
    
    • Supreme Court limited national government legislative reach in a case involving guns near or in schools
      
• Intergovernmental Relations Today:
  
  • Fiscal Federalism: The pattern of spending, taxing, and providing grants in the federal system
    
    • Cornerstone of the national government's relations with state and local governments
      
    • Grant System: Distributing the Federal Pie
      
      • Categorical Grants: Federal grants that can be used for specific purposes
        
        • Project Grants: Based on merit
          
        • Formula Grants: Amount varies based on formulas
          
      • Block Grants: Federal grants given more or less automatically to support broad programs
        
      • Grants are given to states and local governments
        
      • The scramble for Federal Dollars:
        
        • $400 billion in grants given every year
          
        • Universalism-little for everyone
          
      • The Mandate Blues:
        
        • Forces states to comply with federal rules under the threat of penalties or as a condition of receipt of a federal grant