Chapter 3 Federalism
Thursday, October 10, 2013
3.5
In section 3.5 the key learning objective is to identify new trends in federalism. In 1980 Ronald Reagan was elected and he began to work on what he called New Federalism. New Federalism was the return of power to the states. One of the ways Reagan did that was to give out block grants. Block grants are large amounts of money given to the states with only general spending guidelines. this gave states the authority to do what they please with the funding to a certain extent. An example of a block grant is a grant is given for transportation and you decide to fix the road systems. The Republicans issued something called unfunded mandates. Unfunded mandates are national laws or regulations in which the states have to meet without government funding. This gives the states the responsibility to meet these requirements under their own terms. An example of this is meeting national air quality standards throughout the state. The final trend was preemption. This gave the national government the power to override state and local government. These new trends in federalism gave many new aspects and responsibilities for the governments to take on.
3.4
In section 3.4 the main learning objective is to explain how cooperative federalism led to the growth of the national government. Cooperative federalism is a term that describes the intertwined relationship among the national, state, and local governments that began with the New Deal. The New Deal was the start of new political era. Once FDR was inaugurated congress passe many new agencies and programs. These were used to put an end to the Great Depression. Just a few programs are the FHA, AAA, CCC, and the NRA. The New Deal forced the governments to work together and intertwine like a marble cake. This is when the governments began working with each other rather than having the layer cake of separated local, state, and national governments. If all the governments work together they will have someone to fall back on in time of need. The national government helps out by giving local and state governments categorical grants. A categorical grant is used to fund a certain project rather than a group of projects. An example of this is a categorical grant given to build rail roads.
3.2
In section 3.2 The key learning objective is to determine the impact of the Marshall Court on federalism. The Marshall Court is based off of the Chief Justice John Marshall who served from 1801-1835. He was known for defining the balance of power between the national and state governments. The three defining court cases were Barron v. Baltimore, Gibbons v. Ogden, and McCulloch v. Maryland. Barron v. Baltimore was a court case that questioned whether or not the process clause of the fifth amendment applied to states or not. The state ruined his docking business through construction and John Barron wanted recompense. Marshall ruled that the states didn't need to fund Barron because the Bill of rights were not a limit on the state. They could just ignore them all together if they so pleased. The next case was Gibbons v. Ogden. Robert Fulton was given the exclusive right to operate steamboats on the Hudson River. In court it was decided that the New York Government couldn't monopolize the steamboat transport because it will interfere with interstate commerce which they had no right to do. The last influencing court case is McCulloch v. Maryland. John McCulloch went to court when Maryland put taxes on federal banks that aren't chartered out of Maryland. Marshall disagreed with Maryland and said that the couldn't put taxes on the federal bank which emphasized the fact that individual states cannot interfere with national operations. An example of how these effect us now is that states can't just go and put taxes on a federal agency that is within the states boundaries.
3.1
In section 3.1 the main learning objective was to trace the roots of the federal system and the constitution's allocation of governmental powers. In the very beginning the United States Articles of Confederation were based off of a confederation. A confederation is where the national government derives all of its powers from the states. This type of government was an issue because the national government was unable to control and react to even the smallest of crises. An example of a crisis that the government couldn't control was Shay's Rebellion. After they realized there were many problems with the Articles of Confederation the government changed to a different type of government. The government couldn't be unitary system as found in Great Britain because people were afraid of the strong national government. That is when they decided to use federalism. Federalism is a government in which National and state Governments derive authority from people. An example of this is that our Governor and President are both elected by the vote of people. Both the national and state governments have their own set of powers. State governments have the reserved powers. The states reserved powers are to legislate for the public health, safety, and morals of their citizens. they also have the power to tax. An example of this is that many states put restrictions on abortions. The national and state governments have concurrent powers. Concurrent powers are the power to tax, borrow money, establish courts, and etc. The national government can coin money, establish post offices, declare and conduct war, establish rules of naturalization, and much more. An example of one of the National powers is that if they decide that a small town doesn't have a post office, but it would be a good place for one they can go and build it. All of these powers and rights are referred to under the constitution and can be be interpreted there when there is a question of who is in power.
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