Transcript Federalism - Caddo Mills ISD

Federalism
National Government
Vs.
State Government
Federalism Defined
• A political system in which authority to
govern is divided between different levels
of government.
– National government – Congress, President,
Courts
– State Government - State Legislature,
Governor, State Courts
– Local Government – County Commissioners,
Mayor, Municipal Courts
Other Systems of Government
• Unitary Government - All real power lie
with the national government.
– Local governments exist to carry out national
law
• Confederation – All real power lie with
local or state government.
– U.S. Prior to Constitution, “League of
Friendship”
How it works in the U.S.
• The Constitution outlines the powers given to
both the state and National Governments
– Article 1 Section 8 – enumerated powers of congress
– Article 1 section 9 – denies certain powers to national
government
– Article 1 section 10 – denies certain powers to state
government
– Article 6 contains the supremacy clause
– 10th amendments – Reserved powers gives states the
authority over anything not mentioned in Constitution.
U.S. Government
Power
National Powers
Concurrent Powers
State Powers
Admit new states
Coin money
Declare war
Necessary and Proper
Regulate Commerce
Raise and Maintain
Army and Navy
Borrow Money
Regulate banks
Collect Taxes
Establish courts
Establish Highways
Pass and Enforce Laws
Eminent Domain
Conduct Elections/voter qual.
Maintain Militia
Education
Ratify Amendments
Intrastate Commerce
Establish local government
Provide for public health
Dual Federalism
• Layer Cake
– Distinct differences between the powers of the
national and state governments
– Most closely associated with the U.S. up until
about 1900
– Follows most closely a strict interpretation of
the constitutional powers
Cooperative Federalism
• Marble Cake
– National and state governments are
interdependent
– Cooperation between the national and state
levels
– National government tends to play the
dominant role in Cooperative Federalism
through $
Fiscal Federalism
• National Governments control of state and local
government through spending, taxing and grants
– Grants in aid - $ to the states
• Categorical Grants – $ given to states for specific purposes
often times comes with strings attached (EOA of 1982,
MADD)
• Block Grants - $ automatically given to states
• Project Grants - $ awarded for specific project based on merit
of applications
• Formula Grants – Medicaid, Child nutrition, Public Housing
• Mandates – National Government requires states to do
something sometimes funded, sometimes unfunded (NCLB)
Devolution
• Transferring responsibility for policies from
national government to state and local
governments, tends to be a more
conservative approach to government
– Ronald Reagan
– George Bush
McCulloch v. Maryland Facts
• Maryland enacted a statute imposing a tax on all
banks operating in Maryland not chartered by
the state.
• The Second Bank of the United States was
established by an 1816 act of Congress.
McCulloch, the cashier of the Baltimore branch
of the Bank of the United States refused to pay
the tax.
• Maryland sued McCulloch for failing to pay the
taxes due
McCulloch v. Maryland Issues
• Does Congress have the power under the
Constitution to incorporate a bank, even
though that power is not specifically
enumerated within the Constitution?
• Does the State of Maryland have the
power to tax an institution created by
Congress using its powers under the
Constitution?
McCulloch v. Maryland Ruling
• Yes. Congress has power under the
Constitution to incorporate a bank
pursuant to the Necessary and Proper
clause (Article I, section 8).
• No. The State of Maryland does not have
the power to tax an institution created by
Congress using its powers under the
Constitution (Article 6, Supremacy Clause)
Gibbons v. Ogden Facts
• New York granted Robert R. Livingston and Robert
Fulton the exclusive right of steam boat navigation on
New York state waters. Livingston assigned to Ogden
the right to navigate the waters between New York City
and certain ports in New Jersey.
• Ogden brought this lawsuit seeking an injunction to
restrain Gibbons from operating steam ships on New
York waters in violation of his exclusive privilege. Ogden
was granted the injunction and
• Gibbons appealed, asserting that his steamships were
licensed under an Act of Congress Gibbons asserted
that the Act of Congress superseded the exclusive
privilege granted by the state of New York.
Gibbons v. Ogden Issues
• May a state enact legislation that regulates
a purely internal affair regarding trade or
the police power which confers a privilege
inconsistent with federal law?
• Does a state have the power to grant an
exclusive right to the use of state
waterways inconsistent with federal law?
Gibbons v. Ogden Ruling
• No. A state may not pass legislation
inconsistent with federal law which
regulates a purely internal affair regarding
trade or the police power.
• No. A state does not have the power to
grant an exclusive right to the use of state
navigable waters inconsistent with federal
law.
Article 4
• Full Faith and Credit
– State governments must recognize the public acts,
records, and judicial proceedings of other states
• Extradition
– Returning a fugitive criminal to the state where the
crime is said to have been committed.
• Privileges and Immunities
– States cannot discriminate against citizens of other
states.