American Government Federalism

Separation of Powers: State Government

Similar to federal separation of powers Three branches of government However, there are some differences These differences vary by state

State and Local Government

State governments have three branches—executive, legislative, judicial County government in California headed by an elected Board of Supervisors City government varies in form (usually a council with a mayor or city manager) Districts usually have elected boards

Constitutional Limits on States

States may not: Declare or wage war (except in cases of invasion or rebellion) Keep a standing military in peacetime Issue letters of marque and reprisal Enact ex post facto laws or bills of attainder Grant titles of nobility

Constitutional Limits on States

States may not: Sign treaties with other states or foreign countries Coin money, issue bills of credit, or accept anything but gold or silver in payment of debts Tax interstate or foreign trade Impair contracts

Evolution of Federalism

"Dual federalism" (before 1900) - Federal & state roles mostly separate As national economy and population grew, so did the federal role in daily life Great Depression "Cooperative federalism" - Congress approves programs and gives funds to states in the form of grants Conservative trend since 1970s Reduced federal programs, unfunded mandates

Relations among States

"Full faith and credit" States must respect legal acts of other states However, Congress may create exceptions "Privileges and Immunities" Also known as "comity" Citizens of one state have the same rights in all other states

Concurrent Policy Areas

Commerce Banking and finance Election laws Land and water issues Social welfare

Separation of Powers: Framers' Intent

Congress was intended to be the "first" branch since it represented the people President was to be a "caretaker" when Congress was not in session Federal courts first had a limited role; judicial review powers evolved later

Key State Policy Areas

Criminal law Corporate law Property law Family law Public health Education Motor vehicle laws Occupation and professional licensing

State Constitutions

Each state has its own constitution Almost always modeled on the US Constitution (they cannot conflict) Generally easier to change or amend than the US Constitution in most states A common amendment mechanism is the initiative process

States and Federalism

Each state is sovereign within its borders Local government created with consent of voters and approval of the state legislature Counties and cities the main agencies of local government In California, voters may also create local districts to provide necessary services

Federalism, et al., in Perspective

Federalism and separation of powers are the basis of constitutional governance Our constitutional system adapts to changing needs over time Expanded federal power, greatest area of change has been in civil liberties / civil rights

Federalism

Federalism is how the federal and state governments share power This relationship has evolved over time: States held most powers until the late 1800s Federal government dominant after 1900

Ninth & Tenth Amendments

Ninth Amendment—Rights named in the Constitution are not necessarily the only ones held by the people Tenth Amendment—If the Constitution does not specifically grant a power to the federal government, then that power belongs to the states or to its citizens

Federal vs. Unitary Systems

Most countries have unitary governments No divided powers among national and local levels Some local autonomy, but overall authority comes from the central administration

How New States Join the Union

Most states began as territories of the US Some territories acquired through war; others by purchase, treaty, or annexation US territories may petition Congress for statehood Once admitted new states are equal to all other states under the Constitution

State Powers under Federalism

Police powers: Public health and safety—the states' most significant authority Concurrent powers: Shared with the federal government

Federalism Pros & Cons

Role of states has diminished over time Large-scale socioeconomic problems often exceed states' ability to cope Federal government achieves economies of scale that states can't... BUT...Government is often seen as distant and unresponsive as a result

Separation of Powers & Federalism

The Framers didn't want to give too much power to any one individual or institution So, they devised three separate, equal branches of government "Checks and balances" regulate relations among the branches Separation of powers works at all levels of government

Federal vs. Unitary Systems

The US has a federal form of government Power is divided between the national and state or provincial governments Other countries with federal systems: Canada Mexico Brazil Australia India Germany Russia

Constitutional Basis of Federalism

Two sovereigns: Federal government and states Federal government has a few, expressed or enumerated powers BUT...the "necessary and proper" clause has expanded federal authority through implied powers

Lesson Objectives: Federalism

Understand and differentiate the levels of government Understand how federal and state governments share power Understand the separation of powers and the concept of "checks and balances" Understand the organization and role of state government

Problems with Separation of Powers

Various branches accused of having accumulated disproportionate power Divided government = legislative gridlock Public policy process often slow and difficult as a result

Checks and Balances: Judiciary

Versus Congress: May declare laws unconstitutional through judicial review (not explicit in Constitution) Chief Justice presides over Senate during presidential and vice presidential impeachment trials

Checks and Balances: Executive

Versus Congress: President may veto legislation President may call special sessions of Congress in times of national emergency Carries out (and thus interprets) laws passed by Congress Vice President also President of the Senate; breaks Senate vote ties

Checks and Balances: Congress

Versus Executive Branch: "Advice and consent:" Senate confirms (or refuses to confirm) the President's nominees for federal office Senate may ratify (or refuse to ratify) treaties signed by the President President required to report annual State of the Union

Checks and Balances: Congress

Versus Executive Branch: Can override vetoes (2/3 vote) Can refuse or alter President's budget requests House can impeach and Senate remove President or Vice President for "high crimes and misdemeanors"

Checks and Balances: Judiciary

Versus Executive Branch: May declare executive acts unconstitutional (judicial review) May refuse to issue search and arrest warrants May dismiss criminal and civil cases brought by executive branch agencies

Checks and Balances: Congress

Versus courts: Passes laws affecting organization, budgeting, and staffing of the federal judiciary May pass laws withholding federal appellate jurisdiction ("jurisdiction stripping") Senate confirms President's judicial nominees House can impeach and Senate remove federal judges

Checks and Balances: Executive

Versus courts: President nominates Supreme Court justices and federal judges President may pardon or reprieve federal convicts Can selectively interpret court decisions when carrying them out