POLS 207 2nd Edition Lecture 4 Outline of Current Lecture I Federalism II Alternative Structures of Government III The Advantages of Federalism IV Division of Powers Between the National and State Level V Who Contributes What VI The Evolution of Federalism and the Steps to a Clear National Supremacy a McCulloch v Maryland 1819 b Federal Policy Innovation c Aggressive Use of Interstate Commerce clause VII Federal Aid Used As a Powerful Tool to Control States a Cross cutting requirements Cross over requirements VIII Chapter 2 Reading Homework Politics of State Initiatives page 57 63 a Tax Limitation Crime and Drugs Abortion Same Sex Marriages School Vouchers Affirmative Action and Racial Preferences Immigration Redistricting Eminent Domain Current Lecture FEDERALISM Federalism federalism a form of government in which a constitution distributes power between a central national government and subnational governments called states federalism gives each level of government independent powers which are outlined by a constitution Alternative Structures of Government Unitary System o all power is given to the central government o most common form of government around the world today all constitutional power rests with the central government but the subnational governments counties etc still exist subnational governments only exist on a temporary basis as long as the national government wants to give them power or delegate them powers ex Great Britain Confederal system o the subnational governments are stronger than the central government o central government is an organizing force that helps the states accomplish goals o the central government only really exists because the states say it can states are the ones who recognize the power of the central government o ex 13 colonies under Articles of Confederation national government basically could not do anything unless approved by all the states failed because national government could not act in times of need o today the United Nations is similar to a Confederal system UN realizes it only has the power that its members give it Federalism o the middle ground between these two extremes unitary and confederal o US did not want tyranny but did not want disadvantages of confederal system The Advantages of Federalism compared to unitary government 1 Control Tyranny o US reacted to British rule o wanted power to be divided so no national government was overpowering o wanted to distribute power 2 Federalism allows for experimentation o individual states can always try new policies programs o when new policies fail it is not as bad because only one state experiences the failure o when they succeed then all the other states will adopt the policy o ex Welfare reform 1990s most of welfare is funded from the federal government the money is given to states then the states operate the program but lots of strings attached therefore certain states wanted to try something different Michigan Wisconsin etc these states wanted to cut people off of welfare at a certain time use the extra money for training education job search programs the federal government gave them a waver to try it It was a success and adopted as national policy 3 Federalism seeks to ensure policy responsiveness o many people business base their locations on the policies of the state o look at if the schools are good crime situation income tax etc o therefore to compete for residents and businesses states strive to make good policy o states are competing for people by being responsive to what people want 4 Getting government closer to the people o citizens have a better chance of getting a response from the state legislature than the national o federalism offers a better opportunity to influence and interact with government o closer in terms of geography power etc 5 Federalism also means that policies can be tailored to local needs o states can tailor policies budgets priorities to what is most important to that state o ex in an agricultural dominated state certain agriculture policies are implemented How are powers divided between national and subnational governments According to the Constitution National Government Powers o Express Powers the powers listed in the constitution coin money sign treaties with foreign governments etc o Implied Powers not listed in the constitution directly but they are powers necessary to carry out the express powers State Governments Powers o Reserved Powers 10th Amendment gives the states reserved powers which are not denied to the states and not given to the federal government o powers only exercised by the states not by the national government o ex creation of local governments nowhere does the constitution mention local governments so not a power given to national governments and not denied to the states Concurrent Powers shared between national level and state level o today most used powers are concurrent powers taxing citizens business borrowing spending money civil laws etc Who Contributes What Things the national government must provide state government o national government has to guarantee a republic form of government democratically elected o every state gets equal representation in the Senate o national government must refrain from exercising its powers in a way that interferes or limits the ability of states to carry out their responsibilities o the federal government has to protect states from domestic rebellions and foreign invasion which was one weaknesses of the Articles of Confederation Shay s rebellion Things the states provide the national government o education local government etc o states have to create the composition of Congress so must elect people to the Legislature to represent the people in their states o Electoral College representatives elect the president o US cannot change amend the Constitution unless amendments are ratified by 3 4 th of states Evolution of Federalism Overtime National Supremacy Article 6 Supremacy Clause US Constitution and US laws are the supreme laws of the land the national government was always stronger but in the past there was more balance between national government and states today national government has even more power due to evolution overtime powers that were not originally envisioned for the national government have been implemented Steps Along the Way to Clear National Supremacy 1 McCulloch v Maryland 1819 o US was establishing branch banks including one in Baltimore Maryland o Maryland taxes
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