2. A Unitary System
o Central government gives power to
lower governments (cities, states,
etc.)
o Especially important is its role as
provider of funds
2
4. A Confederal System
o Sovereign
power at local
or regional
level
o European Union
o Other
Examples?
5. A Federal System
o Divides power between
national and lower
governments.
o Each government has
distinct, sovereign
powers
o U.S., Australia, Brazil,
Canada, Germany, India,
Mexico
6. Both…
Elect officials
Tax citizens for services
Use powers guaranteed by
Constitution
Involved in changing Constitution
(called concurrent powers)
14. Full Faith and Credit Clause
in Constitution
States give “full faith & credit” to
“public acts, records & judicial
proceedings” of other states
Includes civil laws (property rights,
wills, marriages)
21. According to 2013 SCOTUS
ruling, it‟s mixed.
Federal recognition of SSM in states
that have it ONLY.
Did not create constitutional right
to SSM …
22. …because marriage isn‟t a
constitutional right?
Not mentioned in Constitution
Marriage typically handled by
states
23. Tenth Amendment
Powers “not delegated to U.S. by
Constitution, nor prohibited by it
to states, are reserved to state
respectively, or to the people.”
24. Federal powers not specifically
outlined in constitution are state
powers
In theory, it still applies, but in
reality federal power grown
enormously
27. Divides today‟s Liberals and
Conservatives
Champions of 10th Amendment when
convenient…
…welfare reform, abortion, medicinal
marijuana (state or federal?)
28. THE GREAT DEBATE:
Centralist vs. Decentralists
Decentralists
State‟s rights
Constitution created by states, which
created central government
States closer to people
30. Centralist vs. Decentralist Arguments:
Where do you stand?
Sale and use of firearms
Education
Environment
1964 and 1965 civil rights
legislation
Illegal drugs
Marriage
Abortion
32. Ronald Reagan‟s 1981
Inaugural Address
Note President Reagan‟s remarks in
his first Inaugural Address.
Decentralist or Centralist?
Ronald Reagan’s First Inaugural
Start at 4:00 minutes
33. “Government by an elite group”
“We are nation that has a government, and
not the other way around”
“Federal tax system is stifling”
“Federal government taxes too much”
“Federal government has become elitist”
“Federal government did not create the
states, the states created the federal
government”
46. Two Questions
Did Congress have implied power to
establish bank?
Did Maryland unconstitutionally
interfere with congress?
47. Unanimous SCOTUS Ruling
Congress can incorporate bank
Maryland‟s tax unconstitutional
Congress has un-enumerated powers
Congress supreme within its
sphere of action
48. Gibbons vs. Ogden (1824)
Conflicts
between legitimate
national action and states
resolved in favor of former.
49. HISTORICAL CHANGES IN
AMERICAN FEDERALISM SINCE
1787
State Centered Federalism
(1787 to 1865)
Adoption of Constitution to end of
Civil War
50. Dual Centered Federalism
(1865 to 1913)
Balanced Period.
Clear Distinctions
States: Welfare, etc…
Federal: National Defense, etc…
52. Centralized Federalism
(1930s to 1980)
Massive growth of Federal Government
Roosevelt: Great Depression led to New
Deal.
Johnson: Great Society Programs - food
stamps, welfare, Medicaid.
Nixon: EPA.
Carter: Department of Education.
54. Share of nonmilitary spending by Federal,
State, Local Governments before and after
passage of New Deal legislation
55. New Federalism
(1980 to ?)
• Ronald Reagan wins office
• Devolution of government power
• Republicans win Congress („94)
• Clinton: “era of big government is
over”
• Welfare Reform Bill („96)
56. YET… No Child Left Behind Act. Dept. of Homeland
Security. Nationalization of Health Care.
Still in age of New Federalism?
58. Prohibited Powers
Apply
to national
and state
– national government
cannot tax exports or
create national
divorce laws.
– States cannot conduct
foreign policy and
coin money.
“Congress…
has the power
to coin
money.”
59. Checks and Balances
Federalism is an additional
way of preventing any level of
government from growing too
strong…
…beyond its Constitutional
Powers.
60. EXAM!
50 True and False Questions
Bring Laptop
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Avoid studying Power Points
Exam taken directly from text
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