Patterson We the People 15e PPT Ch03 Federalism PDF

Because learning changes everything. ® 3: Federalism Forging a Nation © McGraw Hill LLC. All rights reserved. No reproduct...

Because learning changes everything. ® 3: Federalism Forging a Nation © McGraw Hill LLC. All rights reserved. No reproduction or distribution without the prior written consent of McGraw Hill LLC.  Federalism: National and State Sovereignty Sovereignty: supreme and final governing authority. Systems that apportion governmental power: Unitary system: the national government is sovereign. Confederacy: the states alone are sovereign, as was the case in the United States under the Articles of Confederation. Federalism: sovereignty is shared by the national government and the states. © McGraw Hill LLC 2  The Argument for Federalism Problems with the too-weak national government: Public disorder. Economic chaos. Inadequate defense. The new federal system would divide power among two levels: national and state. Protect liberty. Moderate the power of government. © McGraw Hill LLC 3  The Powers of the Nation and the States (1) Enumerated (expressed) powers: power granted to the national government in the Constitution. Seventeen powers including measures for a secure defense and stable economy. Supremacy clause: national laws were the supreme law of the land. Implied powers: powers of the national government not expressly written but related to those listed. “Necessary and proper” clause or elastic clause: power to make laws in support of © McGraw Hill LLC 4  The Powers of the Nation and the States (2) Reserved powers: the states’ powers under the Constitution. Tenth Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States.” Nationalization: the gradual shift in power from the states to the national government © McGraw Hill LLC 5  Figure 3-1 Federalism as a Governing System: Examples of National, State, and Concurrent Powers The American federal system divides sovereignty between a national government and the state governments. Each is constitutionally protected in its existence and authority, although their powers overlap somewhat even in areas granted to one level (e.g., the federal government has a role in education policy). Access the text alternative for slide im ages. © McGraw Hill LLC 6  Federalism in Historical Perspective Ambiguities in the Constitution have contributed to conflict between nation and states. Interstate commerce and intrastate commerce. Federalism has progressed through three historical eras that each ended with a national government stronger than before. © McGraw Hill LLC 7  An Indestructible Union (1789– 1865) Nationalist view: McCulloch v. Maryland (1819), a clear ruling in favor of national power and the supremacy clause. States’ rights view: the Dred Scott decision (1857), a ruling for states’ rights in conflict over the legality of slavery. The Civil War would, by force, settle the issue in favor of national authority. © McGraw Hill LLC 8  Dual Federalism and Laissez- Faire Capitalism (1865–1937) (1) Dual federalism: precise separation of national and state authority was both possible and desirable. The Supreme Court held firm to the idea that neither level of government could substantially regulate business. The Fourteenth Amendment was intended to protect newly freed slaves from discriminatory action; but over time, it was interpreted to give the states discretion. Plessy v. Ferguson (1896) introduced “separate but equal.” © McGraw Hill LLC 9  Dual Federalism and Laissez- Faire Capitalism (1865–1937) (2) After the Civil War, the Supreme Court gave nearly free rein to business. The Constitution’s commerce clause gives Congress the power “to regulate commerce” among the states but does not spell out the activities included in the grant of power. National authority ultimately prevailed, as the Supreme Court approved Franklin Roosevelt’s New Deal economic and social programs. Industrial economy is not confined by state boundaries and must be subject to national © McGraw Hill LLC 10  Federalism Since the 1930s (1) Dual federalism is no longer an accurate description. Larger trend: a long-term expansion of national authority. The national government now operates in many policy areas once within the control of states and localities. A more recent development: devolution, the attempt to “pass down” authority to the state and local levels in selected areas. Peaked in the 1990s. © McGraw Hill LLC 11  Federalism Since the 1930s (2) Cooperative federalism: shared policy responsibilities. National, state, and local levels work together. Joint funding, administration, and determination of programs. Example: Medicaid. The states have retained traditional authority in certain areas such as education, health, public safety, and roadways. © McGraw Hill LLC 12  Fiscal Federalism Fiscal federalism: federal funds are used for state and local programs. Grants-in-aid: cash payments to states and localities. Categorical grants are federal funds restricted to certain state programs. Block grants are federal funds for state programs addressed to a general concern. © McGraw Hill LLC 13  Figure 3-2 Federal, State, and Local Shares of Government Tax Revenue The federal government raises as much tax revenues as do all state and local governments combined. © McGraw Hill LLC Source: Tax Policy Center, 2020 14  Figure 3-3 Federal Grants to State and Local Governments Federal aid to states and localities has increased dramatically since the 1950s. The large recent increase is attributable to grants to states and localities to fund their response to the COVID-19 pandemic. (Source: Office of Management and Budget (OMB), FY2021). Figures are based on constant (2005) dollars to control for effects of inflation. Figure for each year shown in graph is the average per year for previous five Access the text alternative for slide im years. ages. © McGraw Hill LLC Source: Office of Management and Budget (OMB), FY2021 15  How the 50 States Differ: Federal Grants-in-Aid to the States Federal assistance accounts for a significant share of general state revenue. Access the text alternative for slide im ages. © McGraw Hill LLC Source: U.S. Census Bureau, FY 2022. 16  New Federalism and Devolution Devolution: the idea that American federalism can be strengthened by a partial shift of power from the national government to state and local governments. Belief held more strongly by Republicans than Democrats. Dramatically increased after the Republican victories of 1994. The most sweeping change was seen in the Welfare Reform Act, passed in 1996. The movement waned with the attacks of © McGraw Hill LLC 17  Federalism in Dispute Republican efforts in the 1980s and 1990s shifted some power back to the states and slowed growth of federal grants but did not reverse the long-term trend toward national power. The establishment of the Affordable Care Act during Democratic president Barack Obama’s term was one of the largest expansions of federal authority since the 1960s. The election of Democrat Joe Biden in the © McGraw Hill LLC 18  The Public’s Influence: Setting the Boundaries of Federal–State Power Major changes in federalism have been driven by shifts in public support to one level of government or the other. Roosevelt’s “New Deal”—jobs during the Great Depression. Lyndon Johnson’s “Great Society”—increased social services in the 1960s. Republican Revolution—rolled back federal authority in the 1990s. © McGraw Hill LLC 19  Critical Thinking (1) Distinguish among a federal system, a unitary system, and a confederacy. What circumstances led the framers of the Constitution to create a federal system? Contrast dual federalism and cooperative federalism. Is the distinction between a layer cake and a marble cake useful in explaining the difference between dual federalism and cooperative federalism? © McGraw Hill LLC 20  Critical Thinking (2) How have the federal government’s superior taxing policy and the economic interdependency of the American states contributed over time to a larger policy role for the national government? What role have federal grants-in-aid played in the expansion of federal authority? © McGraw Hill LLC 21  Questions? © McGraw Hill LLC 22  End of Main Content Because learning changes everything. ® www.mheducation.com © McGraw Hill LLC. All rights reserved. No reproduction or distribution without the prior written consent of McGraw Hill LLC.