POSI 2310 Ch 3
POSI 2310 Ch 3 2310
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This 3 page Class Notes was uploaded by Marissa on Thursday September 3, 2015. The Class Notes belongs to 2310 at Texas State University taught by Joshua Quinn in Summer 2015. Since its upload, it has received 18 views. For similar materials see Principles of American Government in Political Science at Texas State University.
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Date Created: 09/03/15
Chapter 3 Federalism Forging a Nation 0 Continental Congress was only supposed to revise the Articles of Confederation but they realized they needed something more significant 0 States afraid to give up their rights I Federalism National and State Sovereignty a Three types of systems that apportion governmental power i Unitary national government is sovereign 1 Smaller nations national and local interact directly only one level of government ii Federal system national government and states share power iii Confederacy states are sovereign 1 Articles of Confederation b The argument for federalism i Authority divided into two levels national and state ii Meet demands of the individual and the country iii Protects liberty checks on powers iv Moderates government power by sharing v Strengthens the union conflict resolution between states vi Promotes more responsive government c The powers of the nation and states i National enumerated powers 1 Seventeen powers including measures for secure defense and stable commerce 2 Supremacy clause federal government is supreme a If state law conflicts with national law the national law wins ii National implied powers 1 quotnecessary and proper elastic clause make laws in support of enumerated powers iii Tenth amendment established reserved powers 1 Anything not specifically listed reserved for states to protect them d National powers vs State powers i Some powers distinguishable others not ii National powers national defense currency post office foreign affairs interstate commerce iii State powers charter local governments education public safety registration and voting intrastate commerce iv Concurrent powers lend and borrow money taxation law enforcement charter balance transportation 1 Some states differ a Taxation some states have income tax others don t Federalism in Historical Perspective a An indestructible union 17891865 i Time period from the Constitution to the Civil War trying to survive as a new nation ii The nationalist view McCulloch v Maryland 1819 clear ruling in favor of national power and the supremacy clause 1 Nationalist new pride of being new country 2 McCulloch Hamilton Secretary of the Treasury proposes a federal bank He claims its an implied power to regulate currency Congress agrees States refuse to do business with banks McCulloch a bank owner refuses to pay the state tax 3 The court case strengthened government control over commerce through the necessary and proper clause iii The states rights view the Dred Scott decision 1857 ruling for states rights in conflict over legality of slavery 1 Dred Scott a slave sues for his freedom when his owner dies The state says he s not a citizen so he doesn t have the right to sue 2 States have supremacy in issues of slavery iv The Civil War settled the issue in favor of national authority b Dual federalism and laissezfaire capitalism 18651937 i Dual federalism separation of national from state law 1 Courts gave states more power ii The Fourteenth Amendment interpreted to give states much discretion 1 Provided equal protection under the law leads to a Plessy v Ferguson 1869 i Plessy wants to sit in the white car on a train Court upholds his arrest iii Judicial protection of business Supreme Court limited national power to regulate business and industry 1 Narrow interpretation of commerce clause by Supreme Court little power left to states iv National authority prevails as the Supreme Court eventually approves Franklin Roosevelt s New Deal economic and social programs 1 1929 start of the Great Depression people look to the federal government 2 FDR elected 1932 pushed for social programs federally 3 1935 National Labor Relations Act first New Deal program to get through Supreme Court I Contemporary Federalism a Interdependency and intergovernmental relations i Gradual expansion of federal authority ii Cooperative federalism shared policy responsibilities 1 Transportation commerce interdependent 2 Education public safety roads things the states are in charge of funded by both levels 3 National state and local levels work together 4 Joint funding administration and determination of programs b Government revenues and intergovernmental relations i Fiscal federalism federal funds used for state programs 1 Government gives money to states ii Grantsinaid cash payments to states and localities iii Categorical grants federal funds restricted to certain state programs iv Block grants federal funds for state programs addressed to a general concern 1 Few restrictions states can do what they want with the money c Devolution the idea that American federalism can be strengthened by a partial shift of power from national government to states i Belief held more strongly by Republicans than Democrats ii Dramatically increased with Republican Revolution of 1994 1 Massive Welfare Reform Act of 1996 result of Revolution and the idea of shifting power to the states a Took the responsibilities of welfare from the federal level to state level iii Supreme Court has advanced devolution especially in latter decades of twentieth century iv Devolution movement ended with presidency of George W Bush education and security policy 1 Programs start to get pulled back to federal level v Devolution ended due to 911 was simpler to let the federal government have power over the states The Public s Influence Setting the Boundaries of FederalState Power a b c d Influence people express their interests and what they want from the government Roosevelt s quotNew Deal jobs during the Great Depression Lyndon Johnson s quotGreat Society increased social services in 1960s Republican Revolution rolled back federal authority in 1990s
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