Federalism Continued/State Federalism Continued/State and Local Politicsand Local Politics

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

GrantsGrants

CategoricalCategorical

Block GrantsBlock Grants

Unfunded MandatesUnfunded Mandates

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