To Ronny Mugo

Federalism

AN INEFFICIENT DESIGN OR

INEFFICIENT BY DESIGN?

 

 

 Modern republic

 Written constitution

 Separation of powers

Federalism

 Bill of individual rights against the state

 

FEDERALISM: ONE OF THOSE 5

INNOVATIONS

2

 

 

What is it?

 Fe d eral ism i s t h e division of g ove rnmental power b et ween 2 ( or more ) l evels

T h i s d i vis ion i s wri t ten i nto t h e C ons t i t ut ion

 

 

 

FEDERALISM BASICS

3

 

 

 E g . T h e Gre at F i nanc ial C ri s i s

 E g . T h e C al i fornian Drou g h t ( ri g ht now! )

 E g . 91 1

 E g . H u rri c ane Kat rina

 

 Tod ay:

 Hurricane Katrina and the government’s response

 General consequences of federalism

 M ond ay:

 The size (and growth) of the Federal Government

 

Be sure to get a worksheet, work through it and

hand it up 26 Februar y at the beginning of class 4

FEDERALISM AFFECTS “THE

GOVERNMENT’S” RESPONSE TO CRISES

 

 

 

5

HURRICANE KATRINA

 

 

 W h at d o yo u k n ow a b out H u rri cane Kat rina a n d t h e g overnment ’s r e s pons e?

 

 Q u e st ions to d i s cus s

1 . I n wh at way s d i d t h e g ove rnment f ai l to re s p ond to H u rri c ane Kat ri na ad e quately ?

2 . W h i c h l evel of g ove rnment — l ocal, s t ate or fe d e ral g ove rnment — do you b e l i eve was mos t at f au l t for not e f fec t ively re s p onding to t h e c at as t rophe of H urri c ane Kat ri na?

3 . W h at s h ou l d b e t h e fe d eral g ove rnment ’s rol e i n d i s as ter manag ement and re l i ef e f for t s ?

4 . C an you t h i nk of a c ons t i t ut ional p rovi s ion re l ated to nat ural d i s aster s ?

*Use pages 1 and 2 of your worksheet* 6

IN GROUPS BRAINSTORM…

 

 

Vi de o o n Hurri c an e Kat ri n a

 

HURRICANE KATRINA

7

 

http://gln.dcccd.edu/GOVT2301_Pilot/Lessons/Lesson06/htm/video.htm

 

 W h i c h l evel of g ove rnment —l ocal, s t ate or fe d e ral

g ove rnment — do you b e l i eve was mos t at f au l t for not

e f fec t ively re s p onding to H u rri c ane Kat ri na?

 

 

De c i d e on wh i c h l evel and wri te d own a re as on why you c h os e

t h at l evel

8

IN GROUPS, REFLECT…

 

 

 W h at d o we t h i nk ?

 

 Fe d eral

 St ate

 Loc al

AS A CLASS…

 

 

Fe d e r a l i s m ’ s

C o n s e q u e n c e s

 

P. S . T h i s

s e c t i o n w i l l

h e l p yo u w i t h

yo u r w o r k s h e e t

a n s w e r s !

10

BACK TO LECTURING

 

 

Federal government only has the power that the US Constitution gives it

 “Enumerated” and “Implied” from Article 1, section 8

Tenth Amendment says – any powers not given to Feds lie with the states (“Reserved Powers”)

 

Article VI: Federal Law is superior to State law

11

DIVISION OF POWERS IN THE

CONSTITUTION

 

 

OK. BUT WHY DO WE HAVE IT? AND WHAT

ARE ITS CONSEQUENCE’S?

12

 

 

Practicality

 States exist first and want to continue, but want to

share security or international relations

WHY FEDERALISM?

13

 

 

THE STATES GAVE UP THEIR POWERS

In the US

Constitution

In state

constitutions

and laws

14

 

 

Practicality

 States exist first and want to continue, but want to

share security or international relations

And Conceptually:

 Divide power, ensure any government is not too

powerful

 Keep the government close to people (states)

WHY FEDERALISM?

15

 

 

 

16

 

 

Practicality

 States exist first and want to continue, but want to

share security or international relations

And Conceptually:

 Divide power, ensure any government is not too

powerful

 Keep the government close to people (states)

 Allow for diversity between different units to cater

for local conditions

WHY FEDERALISM?

17

 

 

 

18

 

 

Practicality

 States exist first and want to continue, but want to

share security or international relations

And Conceptually:

 Divide power, ensure any government is not too

powerful

 Keep the government close to people (states)

 Allow for diversity between different units to cater

for local conditions

 Enable experimentation – small theaters or

“laboratories” for experimentation.

WHY FEDERALISM?

19

 

 

 E xamples : s e at belt l aws?

LABORATORIES FOR EXPERIMENT

 

Lilliard E. Richardson, Jr. and David J. Houston “Federalism and Safety on America’s Highways” Publius (2009) 39(1): 117-137

In the past:

Primary

elections,

Australian

ballot,

workers’

compensation

Today: trans-

fat bans?

16 oz sodas?

Carbon

trading?

 

20

 

 

What does it mean?

Several governments making laws for the same area

 

 

 

Even with a well -worded division of powers …

Federalism

Creates inefficiency, allows inequality and encourages conflict

 

 

FEDERALISM

21

 

 

 Duplication – both state and federal legislate on the same

matter; local, state and federal bureaucracies

 Eg Multiple departments of health

1 . INCREASES INEFFICIENCY

22

 

 

 

23

1 . INCREASES INEFFICIENCY

 

 

 Competition and inconsistency between state and

federal law

 Eg. Marijuana laws in CO and WA.

 Eg. CA laws on driver’s licenses and “in -state” tuition

for undocumented (in state law), illegal (in federal

law) immigrants

24

INCREASES INEFFICIENCY 1 . INCREASES INEFFICIENCY

 

 

25 TIME SPENT COMPETING FOR POWER

INCREASES INEFFICIENCY 1 . INCREASES INEFFICIENCY

 

 

Confusion about responsibilities

 Up to 50 different laws on same matter

 Does local, state or federal government act ? 26

INCREASES INEFFICIENCY 1 . INCREASES INEFFICIENCY

 

 

CONFUSION ABOUT WHO’S RESPONSIBLE 27

1 . INCREASES INEFFICIENCY

 

 

Confuses responsibility:

Both for citizens trying to figure out who is to

blame for a law (or who to contact about a

law reform idea)

But also for officials – federalism ensures

that local, state and federal bureaucrats and

officials have to be careful about

overstepping their powers.

CONFUSION

28

1 . INCREASES INEFFICIENCY

 

 

29

2. ALLOWS FOR INEQUALIT Y

 The inevitable flipside of diversity across

states.

 

Diversity in rights, opportunities,

standards between states = inequality in

the people from state to state

 

Most obvious: Slavery until 1861

 

 

 

30

2. ALLOWS FOR INEQUALIT Y

 

 

31

U N I FO R M I T Y ( = E Q UA L I T Y ) C O M E S F R O M F E D E R A L

I N T E R V E N T I O N

2. ALLOWS FOR INEQUALIT Y

 

 

 Some s t ates al s o

h ave a

s u b minimum

wag e ( $ 2 .1 3 an

h our) for t i p p ed

e mp loyees

( Se e Nat io n al

J o ur n al 1 / 27 / 14 )

32

U N E Q UA L ( M I N I M U M )

WAG E S

2. ALLOWS FOR INEQUALIT Y

 

 

33

3. CREATES CONFLICT

 

 

34

Conflicts over the extent of federal power THE major

American political issues: States’ Rights vs Equality

In addition to a bloody war,

the Supreme Court is

flooded with endless

conflicts between state and

federal government and

the two political parties are

divided over the character

of the federal government

 

 

35

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