Week 3- Constitutional: Federalism

Directions: View the video below (rough transcript provided) and then take the 10-question quiz. There is no time limit and you may attempt the quiz up to two times. Your highest score will be recorded.

Federalism

Talking Points

• Federalism is a political system in which power is shared between units of government.

• In the United States, that sharing occurs between the national and state governments, as well as local governments.

• Why Federalism? Federalism in the United States mostly stems from our commitment to self-government and belief in local control.

• Going back to the Constitutional Convention, we would find that there were folks who were opposed to a federal system...and for good reason. They were concerned that

• it would allow state governments to block important national action and protect powerful local interests. It does.

• and that it would foster the perpetuation of slavery, segregation, and racism. It did.

• Nonetheless, the proponents of a federal system had strong and convincing arguments in its favor:

• It would allow for a separation of powers. Check!

• It would protect liberty and prevent an overly powerful federal government. Check.

• It would facilitate political participation and activity at different levels of government. Check! Although with varying degrees of participation.

• The Constitutional Framers assumed that the federal government would have only those powers given to it, which would foster a limited government.  Eh...

• Since the creation of the Constitution in 1787, the most persistent source of political conflict has been the relationship between the national and state governments. These conflicts are invariably tied to the Constitution, specifically one of four parts:

• Supremacy Clause:

• Article 6 of the Constitution.

• It states: This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.

• Win for the national government!

• Tenth Amendment:

• The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

• Take that national government! Win for the states!

• Necessary and Proper Clause

• Also known as the elastic clause

• The Congress shall have Power To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

• Touché, national government. Touché.

• Commerce Clause

• Article 1, Section 8 of the Constitution

• The Congress shall have Power To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes.

• Well now the national government is just being greedy.

• In the end, the Supreme Court is the arbiter of what the Constitution means and the focal point of the federalism debate that has lasted through U.S. history.

• Let’s talk about federalism, where the rubber meets the road.

• Invading other countries: national government!

• Determining education standards for public schools: state governments!

• Choosing a garbage collection company: local governments!

• Printing money: national government!

• Creating election rules: state governments!

• Setting property tax rates: local governments!

• Creating and maintaining parks: all levels!

• We could do this all day...