The division of power between the federal government
and state governments
Advocates of a federal system feel that state and local
governments do not have the sophistication to deal
with the major problems facing the country.
Critics of a federal system point out that local leaders
are most sensitive to the needs of their constituents.
Unitary Governments like Great Britain and
France commonly take away power once given to
the local governments
Confederations like the early USA and post wall
Russia Confederation of States can only survive a
few years before a hierarchy takes form causing a
break-a-way of states to weak independence.
There is a distinctive line drawn between what is
in control of the central government and what
local governments are concerned with.
The Federalist Papers were all about explaining
Federalism.
No. 9 explains how the individual states join together to
make a larger one.
No. 14 stated that it should be remembered that it is not
the job of the national government to make all of the rules
for every person, but that the local governments would be
better at that.
Anti Federalists tried prove that a central
government would be unable to recognize the
needs and interests of local governments.
McCulloch v Maryland – you remember this as the state of
Maryland wanted to tax the National Bank on the money it
was making for the USA.
The Supreme Court’s response was to include that since
the Bank was established by Congress (elasticity) to
regulate the amount of money in circulation (necessary and
proper clause) its protection by the constitution would be
supreme, thus the supremacy clause is in effect.
Gibbons v Ogden – Gibbons license to ferry
people and cargo on the Hudson River was
received from Congress, thus Ogden could
not monopolize the trade on the Hudson
River (Supremacy Clause)
Existed from 1800 through the Civil War
Civil War was fought to preserve the federal
system of government.
The Circle Theory of Dual Federalism
To declare war
To coin money
Immigration
To sign treaties
To appoint
ambassadors
To interpret laws
Interstate commerce
To Tax
Create
courts
Create
laws for
general
welfare
To pass laws
Health
Education
Police
Marriage
Garbage
Voting requirements
Powers to federal government based on
Articles I,II, III, IV, VI
Shared based on 10th
Amendment
Powers for the states based
on Article IV and 10th
Amendment
Post Civil War – with the Federal Government
working independently of the state governments.
(forcing its will in a manner of speaking.
Examples 13th , 14th, and 15th Amendments passed
against the wishes of many states.
South answered back with separate but equal to
counteract any gains made by the minority opinions
of the state.
Depression Era Legislation to create jobs to end the
suffering during the time.
Government Programs such as the CCC brought jobs
to the cities under the guidance of the Federal
Government.
Greater cooperation between the federal and local
governments. The National Government would provide
the money and state governments would administer the
programs.
Developed during the Republican Era 1970 – 1990 to allow states to
accept some of the Marble Cake moneys but under certain
conditions plus they would have to develop their own programs.
Some conditions:
• Follow the conditions or threat of criminal law or civil penalty
•
Keep the money toward working for a specific program
• Agree to NEW federal rules or laws (mandatory speed limits
to save gas mileage, set state standards to that of the nation.
(clean
air acts)
Slice up the Marble Cake into two major areas
Categorical grants – Aid for a specific item
(minimum wage laws), lunch programs, areas
that impact families
Block Grants – Aid with less strings
attached such as welfare
reform, training for
jobs