Federalism & Democracy
"The federal and State governments are
in fact but different agents and trustees
of the people, constituted with different
powers, and designed for different
purposes."
James Madison
The Federalist, No.46
What is Federalism?
Defining federalism
Federalism is a system of shared power
between two or more governments with
authority over the same people and
geographical area. Unitary systems of
government, by far the most common form
around the world, have only one source of
power, the central or national government.
Federalism Terms
Enumerated Powers - these are powers that
belong to the national government and are
set out in Article I, section 8 of the
Constitution (such as coining money and
conducting foreign relations)
Necessary and proper clause - this gives
Congress the power to create legislation
that is necessary and proper for it to carry
out its enumerated powers
More Terms
Full Faith and Credit Clause: Judicial
Decree; all contracts made in one state are
binding in all others.
Dual Federalism - The belief that having
seperate but equal powerful levels of
government. "Layer Cake"
We Didn't Want to be England
Unitary System - A form of government
where all local and/or regional governments
draw all of their authorities from a centered
and strong national government, Great
Britain was a unitary government, and the
newly free Americans wanted to move away
from this system.
Who is more powerful?
Supremacy clause - National law is supreme
to all other laws passed by the state.
Concurrent powers - these are the powers
of government that are overlapped and
shared by the national and state
governments. For instance, both states and
the federal government have the power to
tax.
10th Amendment of the Bill of Rights
Tenth amendment - "Powers not delegated
to the U.S Gov. by the Constitution nor
prohibited by it to the states, Are reserved
to the states respectively, or to the people."
Levels of Government
Some laws that the Federal
Government Force on the States
Federal Highway Funds tied to:
Speed Limit. DUI Level. Drinking Age. Seat
Belt Laws. HOV Lanes. Future: Distracted
Driver Laws.
Federal Education Funds tied to:
NCLB. Common Core. Race to the Top.
States make Decisions
State tightens eligibility for food stamp program
http://www.thelegalrecord.net/story.asp?story_id=3158