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Federalism

Federalism. Pgs. 70-100. Dual Citizenship. Americans are both citizens of the state in which they reside in addition to the United States Issue of states vs. the federal government is as old as the country Articles of Confederation v. Constitution

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Federalism

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  1. Federalism Pgs. 70-100

  2. Dual Citizenship • Americans are both citizens of the state in which they reside in addition to the United States • Issue of states vs. the federal government is as old as the country • Articles of Confederation v. Constitution • Constitution created a federal system of government • Federalism: govt. power is divided between two levels of govt.; in our case the states and the US govt. • “The United State are” vs. “The United States is”

  3. Trend Setter • The United States was the first country to experiment with a federal system • Confederacy: central govt. gets its powers from the states; rare today (CSA, EU) • Unitary system: national govt. has sole authority ; other levels of govt. get power from national govt. (France, Britain) • The southern states attempted to establish a confederacy during the Civil War

  4. Why Federalism? • Creates a system of checks and balances; prevents one level from getting too strong • Prevents dominant groups in a small area from gaining too much power, how? • Help create national solutions to national problems that could not be solved under the Articles • Founders didn’t want one part of govt. to get too strong

  5. Dividing Power-Federal Govt. • * get out your copy of the Constitution • Enumerated powers: “expressed”; Article I Section 8 grants the national govt. certain powers • “necessary and proper clause” also known as the “elastic clause” • Implied powers: can take action not expressly authorized but that supports actions that are; examples? • Article 1 Section 10: things the states can not do; why not? • Article VI: Supremacy Clause; national law is supreme over state law when the national govt. acts within its limits

  6. Dividing Power- State Govts. • State powers were an important consideration; people in different parts of the country didn’t always share similar beliefs and customs • 10th amendment: designed to protect the powers of state governments • Referred to as “reserved powers” • State powers include dealing with local governments, education, public safety, voting procedures, intrastate commerce • Has the federal govt. come to dominate the states?

  7. History of Federalism • The issue of how to balance state and federal power remained a constant issue from the time of the Constitution’s ratification through the Civil War • 14th amendment: created to help protect African Americans from discrimination by state governments; limited effect initially, broad effect today • Supreme Court consistently ruled against the use of federal power throughout the end of the 19th century until the 1930’s? • Why the sudden shift? • This sudden shift led to a rapid expansion of federal power; examples?

  8. Federalism Today • Expansion of federal power was slowed by Republicans in Congress and the Supreme Court in the 1990s • Changes in funding; categorical grants vs. block grants • Difference? Which do states prefer? • Unfunded mandates? • Divide between states and the federal government continues • Issue remains a continuing difference between Republicans and Democrats • Speaker of the House John Boehner and President Obama

  9. Issues of Federalism Today • Health Care: “Obamacare” and Medicare/Medicaid • Immigration: can states pass their own immigration laws • Drug laws: can states have different drug laws, medical marijuana? • Assisted suicide • Environmental laws: big issue in KY?

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