“Federalism” You’re Not the Boss of Me!

(Oh wait, yes you are.)

How is living at your house like Federalism?• You own a ________ within

the house• Who makes the "rules" for

YOUR room? ________• Whose decisions outweigh

your decisions? _______• Your parents don't usually let

you “go anywhere” without asking you to “do” something first … examples …

• What are your chores?" Do you get paid?

• States are smaller units within the country

• "Laws" for the state are made by the state

• Federal laws is supreme to the state laws

• Allowances from federal government usually come with strings attached (if you want federal highway funding, you will raise the drinking age).

• Federal government mandates "programs" and then does not fund the program.

• Both you and your parents have assigned responsibilities, what are your responsibilities around the house? (Parental expectations)

• How does your family "share" the work-load?

• What do you and your parents argue about?

• Can you think of any time when you came up with a solution and the family implemented it?

• Federal and State governments have separate responsibilities (Federal protects the country/economy, the states protect general welfare of the people within their state)

• A lot of programs are "shared" by both the federal and state.

• Both levels are constantly seeking to maintain "power"

• States try new programs, if they work at state level, they are brought up to the federal level.

Federalism

System of government in which powers are divided and shared by a central government

and its sub-divisional governments

Understanding Federalism

Why Federalism Matters• Gay marriage• Death penalty• Welfare reforms• Immigration policies• Leave no child behind• Medical/Rec Marijuana• Money! (unfunded mandates)• Minimum wage issues• Hurricane Katrina

(where’s FEMA?-blame-federal/state/local?)

Title: Another Perfect Storm

Artist: Jeff Danziger Date: September, 2005 http://cartoonbox.slate.com/

10/2

On the day that we don’t meet, (Block..?) write an example of Federalism and give me your opinion on the matter.

States have their own laws…check these laws out

Federalism in practice

State Laws on the books today…

It is illegal for a driver to be blindfolded while operating a vehicle.

It is illegal to wear a fake mustache that causes laughter in church.

A L A B A M A

Federalism in practice

State Laws on the books today…

Animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship.

It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale.

C A L I F O R N I A

Federalism in practice

State Laws on the books today…

Prohibits shooting rabbits from a motorboat.

K A N S A S

It is illegal to rob a bank and then shoot at the bank teller with a water pistol.

L O U I S I A N A

Federalism in practice

State Laws on the books today…

It is illegal to take more than three sips of beer at a time while standing.

It is illegal to drive without windshield wipers but a windshield is not required

It is illegal for one to shoot a buffalo from the second story of a hotel.

It is illegal to milk another person's cow.

T E X A S

So What is Federalism?

System of government in which powers are divided and shared by a central government

and its sub-divisional governments

What is Federalism?• Mere existence of state

and federal governments does not make it a federal system.

• Both the federal government and the state government get their power from a common source - the constitution.

Alternatives to Federalism

Unitary Systems:• Local and regional govts. derive authority from the national

govt.• Britain, France, Israel, and the Philippines.

Confederations:• National govt derives authority from states• Articles of Confederation, The United Nations, European

Union

Powers of the National Government “Delegated Powers”

• Enumerated or Expressed powers Art. I Sec. 8

– Declare war– Mint money– Regulate trade

between states– Etc…

Powers of the National Government

• Implied powers• powers that are inferred• Do you think the founders

considered the…– Internet– Drug trafficking– Airlines– Electricity– etc…???

• “necessary and proper” clause (elastic clause)

Supremacy Clause

• Article VI

• National law is supreme to all other laws passed by states

• Ex. Migratory Bird Treaty Act 1918-prohibit killing of birds

• Missouri argued that they can regulate hunting - 10th Amendment

• Federal law supreme

Powers of the States• Reserved powers

– powers not granted to the national government are reserved for the states.

– Public health, safety and morals of their citizens

Where do we find this power?

10th Amendment

Concurrent Powers

• Concurrent powers– powers that are shared

by both federal and state governments.

• Examples include:– To tax– To define laws – To punish criminals– Many others…

Relations Among States

Article IV of ConstitutionFull Faith and Credit Clause – each state must give “Full Faith and Credit … to the public Acts, Records and Judicial Proceedings of every other State.”Extradition

Art. I Sec. 10Interstate Compacts

Ex. Drivers License Compact – to help nationwide recognition of licenses

Article VI – Privileges and Immunities

Your Task

Step 1: Obtain a large piece of paper

Step 2: Draw a Venn Diagram. Label each “circle”..Delegated Powers, Reserved Powers, and the overlapping circle: Concurrent Powers.

Step 3: With your notes and/or brains, use your knowledge to write down as many powers that you can think of/find. Using your Constitution is highly encouraged.

Step 4: Begin working.

Step 5: #BeAnerd!

Federalism and the Scope of Government-Why has the Federal Gov. grown so much?

• As the U.S. has changed from agriculture to industry, new demands for government arose.

• The national government answered with a national banking system, subsidies for railroads, and airlines and a host of other policies created to expand the economy.

• The formation of large corporations led to abuses and many interests asked the national government to regulate and encourage open competition.

• Farmers also sought services such as price supports

• Unions sought better working conditions, better pay, and a wide range of social policy.

Federalism and the Scope of Government-Why has the Federal Gov. grown so much?

• As we urbanized, we’ve had new problems in housing, education, transportation, and the environment.

• The states lack the resources and authority to deal with such enormous problems. How do you deal with pensions for people who move from state to state if the states were responsible for something like social security?

• We, the American public have demanded that the national government take up the issues of the country because we know that the federal government has the resources to do so.