Chapter 3 (Federalism)

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Chapter 3 (Federalism)
•
10th Amendment!!!!! (Look it up)
I. Federalism – sovereign power is shared by both
regional and national governments. No one
government can dissolve the other. The
Constitution is a unique document in its contribution
of federalism to political theory.
1. Confederation – people state
governmentsnational government
2. Unitary – peoplenational governmentstate
governments
3. Federation – peopleboth to state and national
government.
*Will the European Union adopt this form (common Bill
of Rights, currency, military, government)
II. Why Federalism?
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Protect Liberty – creates “opposite and rival” centers of power
•
Dispersing Power – less concentration of power
•
Increase Participation – more access points for people to
participate or contact government
•
Improve Efficiency – one government can not control it all
•
Ensuring policy __________________ – people can react to
their state policies by moving (i.e., vote with your feet)
•
Encouraging Policy Innovation – states become “laboratories
of democracy” as they experiment with policies/programs
observed throughout the country
•
Managing ___________ – conflicts are less intense since
frustrated groups know that policy battles can be settled in
many different settings (50 states plus the national
government)
Drawbacks
•
slow to move desired policy; takes longer sense there are
more veto points along the way
•
Provides legal basis for state __________________ – South in
the 60s in response to Civil Rights legislation and court rulings
•
Double taxation – state and federal taxes on income
III. Design of Federalism
A. Delegated/Enumerated/Explicit Powers (the ones
written out). National government shall have
power to:
•
Engage in ______ and foreign affairs
•
Regulate interstate commerce (trade between
states)
•
Regulate the Money supply
•
tax and spend
B. Necessary and _______ Clause (Implied powers) –
powers not specifically reserved but inferred from
those that are (e.g., the IRS is not in the
constitution but it is the means by which Congress
exercises its delegated power to tax and spend)
C. National Supremacy Clause – Constitution
“supreme law of the land”
D. Concurrent powers – powers shared by both
state and federal government (e.g., tax and
spend)
E. Powers denied states – coin money, enter
into treaties, interfere with the obligation of
contracts, levy taxes on imports or exports,
or engage in war.
F. Powers denied to both state and national
government – abridge individual rights
G. Reserved Powers – Powers not granted to
the national government or specifically
____________ to the states by the
constitution are reserved for the states (10th
amendment)
IV. The Grant as a Source of Federal Power
A. Background: In the early 20th century, Congress was
finally given the power to tax income. Started very
low, but was raised dramatically as a result of two
world wars and the Great Depression. When
things sort of settled down, the national
government decided in the 70s and 80s to send
some of the money back to the states in the form of
grants. These grants took on three forms:
•
Categorical Grant: A grant for a specific, narrow
project (no spending discretion; ____________)
•
Block Grant: A grant for a general government
function (limited or some spending discretion)
•
General Revenue Sharing: A grant with generally
no strings attached.
B. Which form of grant maximizes Congressional power
and reduces state power? Answer: categorical
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