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RecapRecap
FederalismFederalism
Separation of PowersSeparation of Powers
Checks and BalancesChecks and Balances
Duties of three branchesDuties of three branches
Threats to separation of powersThreats to separation of powers
Origins of federalismOrigins of federalism
Federalism/PowersFederalism/Powers
Division of power between state and federal Division of power between state and federal courtscourtsEstablished in constitutionEstablished in constitutionEnumerated PowersEnumerated Powers Article 1, section 8Article 1, section 8
Necessary and Proper ClauseNecessary and Proper ClauseImplied PowersImplied PowersReserve (police powers)Reserve (police powers)1010thth Amendment AmendmentConcurrent PowersConcurrent Powers
Relationships Among StatesRelationships Among States
Article 1, section 10: States may not enter Article 1, section 10: States may not enter into compacts with one another without into compacts with one another without consent of congressconsent of congress
ExtraditionExtradition
Supreme court final arbiterSupreme court final arbiter
The Commerce ClauseThe Commerce Clause
To regulate Commerce with foreign To regulate Commerce with foreign Nations, and among the several States, Nations, and among the several States, and with the Indian Tribes;and with the Indian Tribes;
““Commerce” widely construedCommerce” widely construed
Violence against women actViolence against women act
U.S. v. LopezU.S. v. Lopez
Denied PowersDenied Powers
For both national and state governmentFor both national and state government
Bill of attainderBill of attainder
Ex post facto lawEx post facto law
The Court and FederalismThe Court and Federalism
Why the court? Why the court?
McCulloch v. Maryland (1819)McCulloch v. Maryland (1819) National government can establish bankNational government can establish bank State governments cannot tax it. State governments cannot tax it.
Gibbons v. OgdenGibbons v. Ogden Court has broad power to regulate interstate Court has broad power to regulate interstate
commercecommerce
Historical Modes of FederalismHistorical Modes of Federalism
Dual FederalismDual Federalism Equality among State and National GovtEquality among State and National Govt
Dred Scott CaseDred Scott Case Nat. Government lacks authority to regulate Nat. Government lacks authority to regulate
slaveryslavery Application of Full faith and Credit Clause?Application of Full faith and Credit Clause?
Cooperative FederalismCooperative Federalism
State and National Governments work State and National Governments work togethertogether
FDR and the New DealFDR and the New Deal
Creative FederalismCreative Federalism
LBJ- Great SocietyLBJ- Great Society
Feds LegislateFeds Legislate
Provide fundsProvide funds
States AdministerStates Administer
DevolutionDevolution
Returning Power to statesReturning Power to states
ReaganReagan
Contract With AmericaContract With America
States as Laboratories for States as Laboratories for DemocracyDemocracy
Potential AdvantagePotential Advantage
States Can adapt to their own conditionsStates Can adapt to their own conditions
Esp. States can try new things, find what Esp. States can try new things, find what worksworks
Welfare ReformWelfare Reform
The Dark Side of FederalismThe Dark Side of Federalism
Race to the BottomRace to the Bottom
TaxesTaxes
Welfare PolicyWelfare Policy
Environmental PolicyEnvironmental Policy
Court JudgmentsCourt Judgments
Bush v. Gore and FederalismBush v. Gore and Federalism
2000 Election comes 2000 Election comes down to Floridadown to Florida
MajoritarianismMajoritarianism
States govern States govern electionselections
State Supreme Court- State Supreme Court- RecountRecount
U.S. Supreme Court: U.S. Supreme Court: stop recountstop recount
State And local GovernmentsState And local Governments
~87,000 state and local governments in ~87,000 state and local governments in USUS
Constitution guarantees republican Constitution guarantees republican government at state levelgovernment at state level
Local governments derive power from Local governments derive power from statesstates
DomainDomain
Public health and safetyPublic health and safety
EducationEducation
Welfare policiesWelfare policies
Compliance with national lawsCompliance with national laws
Zoning/land useZoning/land use
State governmentState government
Often structured like nationalOften structured like national
Governor- Head of StateGovernor- Head of State
Legislative- bicameralLegislative- bicameral
Judicial- applies and interprets lawsJudicial- applies and interprets laws
GovernorsGovernors
Similar to PresidentSimilar to President
Veto PowerVeto Power
Line item vetoLine item veto
Package/general vetoPackage/general veto
Pardon/commute/parolePardon/commute/parole
RecallRecall
State CourtsState Courts
Enforce criminal lawEnforce criminal law
Enforce Civil LawEnforce Civil Law
Common LawCommon Law
Choosing Judges?Choosing Judges?
Structure of Local GovernmentsStructure of Local Governments
Machine PoliticsMachine Politics
PatronagePatronage
Progressive EraProgressive Era
Civil Service and MeritCivil Service and Merit
Local GovernmentsLocal Governments
At large electionsAt large elections
District based elections District based elections
A number of different layoutsA number of different layouts Mayor aldermanicMayor aldermanic Mayor/CommissionerMayor/Commissioner
Springfield IL voting rights lawsuitSpringfield IL voting rights lawsuit
Partisan/non partisan electionsPartisan/non partisan elections
ReferendaReferenda
Closer to direct democracyCloser to direct democracy
Citizens vote directly on lawsCitizens vote directly on laws
Is this empowering or not? Is this empowering or not?
RevenuesRevenues
States collect income tax, sales tax, etcStates collect income tax, sales tax, etc
Locals collect sales tax, property taxLocals collect sales tax, property tax
Progressive/regressive taxesProgressive/regressive taxes
Balanced budgetsBalanced budgets
Federal MoneyFederal Money
Funding disparitiesFunding disparities
Problems with FinanceProblems with Finance
Limited tax baseLimited tax base
Competition with other statesCompetition with other states
Unfunded MandatesUnfunded Mandates
State and Local Government and State and Local Government and ParticipationParticipation
Smaller units- more ability to participateSmaller units- more ability to participate
Vote is much more influential in smaller Vote is much more influential in smaller districtsdistricts
Easier ContactEasier Contact
Ultra Low participationUltra Low participation
Seen as less importantSeen as less important
Vote still one of manyVote still one of many
For ThursdayFor Thursday
Chapter 5- Civil LibertiesChapter 5- Civil Liberties
Read Chapter 2 of The Enduring Debate, Read Chapter 2 of The Enduring Debate, sections 6, 8-11.sections 6, 8-11.
Answer questions: pg. 38 #1&2, pg. 51 Answer questions: pg. 38 #1&2, pg. 51 #1, pg. 64 #2, 3 #1, pg. 64 #2, 3