Political Science: Chapter 3

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rights and powers are reserved to the states by the

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tenth amendment

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complexity of our government

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programs are funded by national gov but administered by state and local gov

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federalism

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a way that the relations between central governments and local units can be structured

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we can describe how nations structure realitons between central government s and local units in terms of 3 models

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1. the unitary system

2. the confederal system

3. the federal system

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most popular system of relations between central governments and local units is

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unitary system

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unitary system

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a centralized governmental system in which ultimate governmental authority rests in the hands of the national, or central, government

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condederal system

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system consisting of a league of independent states, in which the central government created by the league has only limited powers over the states

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unitary systems place ultimate governmental authority in the hands of the

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national government

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confederal system

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league of inependent states in which a central government or administration handles only those matters of common concern expressly delegated to it by themember states

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in this type of system the central government has no ability to make laws directly applicable to member states unless the members explicitly support such laws

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confederal system

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federal sstem

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between unitary and onfederal forms of government

-authority is divided, usually by a written constitution, between a central gov and regional govs(constituent govs)

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the central government and the constituent governments both act directly on the people through

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laws and through the actions of elected and appointed governmental officials

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in federal system

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each governments sphere of authority is supreme

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the appeal of federalism in the us was

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that is treatined state traditions and local power while stablishing a storng national gov capable of handling common problems

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benefits of federalism system in the US

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- many presidents make their political mark as state governors then move onto national

- programs are pioneered at the state level first then nationally like unemployment and air pollution control

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federalist system has allowed for

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many political subcultures like ethnic origin, region, wealth, eucation, and degree of religious commitment and sexual preference to influence government behavior

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arguments against federalism

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- some see it as a way for powerful state and local interests to block progress and impede national plans

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consitutions catagorization of powers

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1. the powers of the national government

2. the powers of the states

3. prohibited powers

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the powers delegated to the national gov

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expressed and implied

and inherent

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expressed powers/ enumerated powers

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first 17 clauses of article 1, section 8 of the constitution

- coining money, setting standards for weights and measures, making unifrom naturalization laws, admitting new states, establishing post officies and post roads, declaring war, and power to regulate commerce among the states

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implied powers

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based on article 1 section 8

has necessary and proper clause/elastic clause

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elastic/ necessary and proper clause

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provides flexibility to our constitutional system

-gives congress the power to do whatever is necessary to execute its specifically delgated powers

-first used in mcculloch v maryland

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inherent powers

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national powers that is not implied by the necessary and proper clause

-laws that are percieved as natural

-to ensure survival

- making treaties, waging war, seeking trade, acquiring territory

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10th amendment states

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powers not delegated ot the us by the constitutionm nor prohibited by it to the states, are reserved to the statesm or to the people

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reserved powers

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10th amendment

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powers of state gov

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-states right to regulate commerce withing its borders

- provide a state militia (police and national guard)

-make laws on all matters not prohibited to the states by the us constitution or state constitutions and not delegated to the national gov

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states have

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police power

- this allows states to pass laws governing such activities as crimes, marriage, contracts, education, intrastate transportation, and land use

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police power

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the authority to legislate for the protection of the health, morals, safety, and welfare of the people.

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the ambiguity of the 10th amendment has

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allowed the reserved powers of the state to be defined differently at differt time in our history (gay marriage)

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most police power in the us is reserved

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to the states

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when there is widespread support for increased regulation by the national gov

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the 10th amendment tends to not play a large role

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when individuals are in favor of states rights

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the 10th amendment is resurrected to justify arguments supporting the states

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national government prohibited powers

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-cannot impose taxes on goods sold to other countries(exports)

-any power not granted expressly or implicitly by the constitution is prohibited

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state prohibited powers

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-not allowed to enter into a treaty on its own with another country

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concurrent powers

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powers held jointly by the national and state governments

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most concurrent powers are

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not specifically listed in the constitution, they are only implied

-ex. power to tax, power to borrow funds, to establish courts, to charter banks and corporations, police power

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exclusive power to the national gov include

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-coinage of money

- the negotiation of treaties

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supremacy clause

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the constitution is the master law

-makes constitution and federal laws superior to all conflicting state and local laws

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due to this clause states cannot use their reserved or concurrent power to thwart national policies

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supremacy clause

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the fact that the president can assume command of any natioanl guard unit at any time is an example of

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supremacy clause

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the three most important clauses governing interstate relations in the constitution

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- give full faith and credit to every other states public acts, records, and judicial proceedings (honor states documents in other states)

-extend to every other states citizens the priveleges and immunities of its own citizens (treat out of state peoples like citizens with same rights)

- agree to return persons who are fleeing from justice in another state back to their home state when requested to do so (extradition)

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interstate compacts

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when states enter into agreements with each other

- as long as the compact does not increase the power of the agreeing states relative to other states or to the federal gov

ex. port authority of new york and new jersey

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two cases decided by the marshall court that are considered milestones in the movement toward national government supremacy

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mcculloch v maryland

gibbons v ogden

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McCulloch v Maryland (1819)

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- first and second banks of the US (national banks)

-questioned whether the national governmetn had the implied power, under the necessary and proper clause, to charter a bank and contribute captial to it

- Marshall ruled that no state could use its taxing power to tax a part of the natinoal gov= if it could the supremacy law would mean nothing

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Gibbons v. Ogden (1824)

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-the meaning of the commerce clause was at issue in this case

-lost state then went to supreme court

-questioned whether the national govs power to regulate interstate trade extended to trade within a state or was limited strictly to trade among the state

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commerce clause

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congress is given the power to regulate commerce (trade) with foreign nations, and among states, and with the indian tribes

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intrastate commerce

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trade among the state

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interstate commerce

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trade among the states

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Marshalls ruling in Gibbons v Ogden

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- ruled that the power to regulate interstate commerce was an exclusive national power

-because gibbons was authorized by the national gov the state court could not prohibit him

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this became the primary constitutional basis for national gov regulation

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commerse clause

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the controversy that led to the civil war was over

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national gov supremacy vs the rights of the seperate states

-federalist vs anti-federalist

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while john marshall was chief justice of the supreme court he

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did much to increase the power of the natinoal gov and to reduce that of the states

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during the jacksonian era

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a shift back to states rights began

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during this era the shift to the states rights began

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jacksonian

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in 1860 dec, south carolina

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formally repealed its ratification of the consitution and withdrew from the union

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in 1861 this formed

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the confederate states of america

-formed of six southern states

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the result of the civil war was

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an increase in the political power of the national gov

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13th amendment which was ratified in 1865

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abolished slaery

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14th amendment ratified in 1868

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gave newly free prior slaes the right to citizenship

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15th ameendment ratified in 1870

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african americans the right to vote in all elections

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outcome of the civil war established

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the supremacy of the national gov and stoped the idea that a state could secede from the union

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during the decades following the civil war this type of federalism model existed

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dual federalism

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dual federalism

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doctrine that emphasizes a distinction between national and state sphere of government authority

-state and national gov are viewed as seperate entities

-co equal soverign power

- no level of gov should interfere in the others sphere

-layer cake

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what dual federalism meant for the court

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that the national gov could intervene in state activities through grants and subsidies

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dual federalism receded in the

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1930s

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new deal

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-roosevelt

-large- scale emergency antipoverty programs

- introducedmajor new laws regulating economic activity

-supreme court blocked many of roosevelts initiatives

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beginning in 1937

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the court ased to limit the federal govs actions

-expansive interpretation of the commerces clause became dominant

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cooperative federalism

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states and the national gov cooperate in solving complex common problems.

- nation-state relations since 1937

-marble cake

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conservatives tend to favor

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states powers

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liberals tend to favor

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federal govnement having the power

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for much of american history conservative southern democrats were the

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major advocates of states rights

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devolution

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transfer of power from the national government to state governments

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devolution became a major theme for the

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republican party

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one means of implementing cooperative federalism is through

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grants

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grants are used for

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improvements in education, polluiton control, recreation, and highways

-with grants come restrictions and regulations

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categorical grants

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a federal grant to a state or local gov for a specific program or project

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congress uses grants to

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persuade states and cities to operate programs devised by the federal gov

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block grant

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a federal grant that provides funds to a state or local gov for a general functional area, suh as criminal justice or mental health programs

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fiscal

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having to do with government revenues ans expenditures

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block grants

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lessent the restrictions of federal grants given to state and local governments by grouping a number of atagorical grants under one broad heading

-governors and mayors generally prefer block grants because hey give more flexibility in how the funds are spent

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catagorical grants are favored by

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congress

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one of the most successful block grant programs is the

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personal responsibility and work oppertunity reconciliation act of 1996 (state welfare)

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fiscal policy is a policy

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concerning taxing or borrowing and then spending the revenues

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fiscal federalism

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process by which funds raised through taxation or borrowing by one level of government(usually the national gov) are spent by another level (usually the state or local govs)

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conservatives wanted to do this to work on state budget problems

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reduce pension benefits

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federal grants require

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compliance of states

-national drinking age

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federal mandates

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a requirement in federal legislature that forces states and munciplaities to comply with certain rules

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since 1990s the supreme court has tended to give greater weight to

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states rights

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immigration

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power in national gov more than state gov

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health care reform

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power in national gov but limits the ability that the fed gov has to coerce states by witholding grants

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same sex marriage

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states rights

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boing rights act

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states rights

- all affected govs the right to set their own voting rules without restriction

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three basic models for ordering relations between central govs and local units

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1. unitary system= ultimate power is held by the national government

2. confederal system= ultimate power is retained by the states

3. federal system= governmental powers are divided between the national gov and the states

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the constitution expressly grants certain power to the national gov in (enumerated powers)

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article 1 section 8

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national gov has three types of powers

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enumerated, implied, and inherent powers

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the powers that are reasonably necessary to carry out the power expressly give to the national government

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implied powers

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the powers that the national government holds by virtues of being a sovereign state with the right to preserve itself

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inherent powers

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concurrent power

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powers practiced by both state and national gov

- taxation

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states cannot use their _______ powers to override national policies

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reserved or concurrent powers

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this enhanced the power of the national government

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marshalls rulings on cases such as mcculloch v maryland(expansive interpretation of the necessary and proper clause) and gibbons v ogden (broad interpretation of the commerce clause)

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since the great depression we have had this federalism

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cooperative federalism

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federal mandates

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laws requiring states to implement ertain policies

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one reason the founders chose a federal system is that

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the united states was laready large geographically, and it would have been dificult to govern just from the national capital

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federal system

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power flow is from both national and state gov

-delegated and reserved powers

-state gov looks like national gov (chief executive of country is prez, chief executive of a state is governor)

- two levels of gov= state and national

-ex. US, brasil, india

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unitary system

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power flow comes only from national gov to state gov

-only one level of gov= national gov

ex. china, japan, france

all powers located in national gov

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confederation

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power flow is from state gov to national gov

- association of independent state

- states are sovereign (independent)

ex. UN, nato, warsaw pact, article of confederation

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3 advantages of a federal system

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diversity= diff states have different laws; gives oppertunity for people to select where they live by the laws that that state enforces

experimentation= experiment iwth laws in state gov prior to national gov

political activism= fed system promotes demoracy; multiple elections which promotes participation in politics

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reasons for the expansion of the us federal system

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a.elastic clause

b. commerce clause

c. supremacy clause

d. civil war amendments

e.grant in aid

f. social and economic changes

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elastic clause

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- reason for the expansion of the us gov

-the constitution is elastic (flexible)

- judiciary branch practices elastic clause (supreme court)

- constitution is exandable

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commerce clause

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- reason for the expansion of the us gov

only national/ federal government can regulate trade (commerce) relations between states an foreign governments

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supremacy clause

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- reason for the expansion of the us gov

- constitution is the supreme law of the nation

- respect for the federal/ national gov which gives gov more power

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civil war amendments

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- reason for the expansion of the us gov

13th

14th

15th

- former slaves favored national gov

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grant in aid

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- reason for the expansion of the us gov

- states receive money from federal government

-fed is in good position because states must obide to rules

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types of grants

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categorical

block

revenue sharing

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categorical grant

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grant designated for large projects

ex. highways, airports

- have to spend money on what is claimed project

- tough regulations and restrictions

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block grant

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grant that is more adjustable with funds

- many categorical grants bundled into a block of what the state or local gov is to spend the money on

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revenue sharing

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under nixon reign

- no longer exists

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social and economic changes

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- reason for the expansion of the us gov

ex. rail roads, airports, tv, communications, volume of currency, population increase, global warming, great depression

-gives power to national gov because the national government is what regulates

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the different types of federal systems

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dual federalism

cooperative federalism

horizontal federalism

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dual federalism

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initial federal system until 1933 (great depression)

- seperate state and national government which do not interfere with each others spheres

- state and national gov have equal rights and oppertunity

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cooperative federalism

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state government must work with federal government together

ex. army and national guard, local police and fbi, irs and franchise and board taxes

- president has power to federalize

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horizontal federalism

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state and federal government have interactions

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major characteristics of horizontal federalism

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extradition, acts and deeds, immunities and privilages

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extradition

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characteristic of horizontal federalism

someone who commits a crime and flees and is caught in other state must be sent back to state of crime

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extradition for foreign countires

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depend on agreement with countries

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acts and deeds

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-characteristic of horizontal federalism

documents issued by one state must be accpeted by other states

ex. license, college degrees

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immunities and privilages

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-characteristic of horizontal federalism

people who are from other states have the same rights and are to be treated as a citizen of that state they are new to