Study Review American Federalism Pearson Education

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Alabama s tough immigration law requires police schools and hospitals. to ask citizens for proof of their citizenship even if the ones provid. ing the proof are in grade school One of the parents of this Alabama. student is a U S citizen while the other is an undocumented immigrant. meaning that one of her parents could soon be deported if the Alabama. law remains in force,M02 MAGL4008 25 SE 02 indd 57 11 19 12 1 44 PM. MyPoliSciLab Video Series Watch on MyPoliSciLab, The big picture Is the national government the same thing as the federal. government Not quite Author Paul C Light explains the difference as well as. the types of government that make up America s federal system from national. to local and from executive to judicial, The basics Are you a states right advocate This video will help you understand. how powers and responsibilities are divided between the national and state. governments You ll also discover how the powers of the national government have. expanded and consider whether this is in the best interests of the people. In Context what is the primary mechanism for federalism in the united States. In this video barnard College political scientist Scott L minkoff explains how the. national government tries to force state governments to adopt its policies and how. state governments respond, Thinking Like a political Scientist find answers to the most current questions. that scholars of federalism are raising in the areas of welfare reform and state. rights barnard College political scientist Scott L minkoff explores the challenges. faced by state rights advocates once they are elected to Congress. In the Real world Should the federal government be allowed to mandate. health care reform or should that power belong to the states hear supporters. and detractors of obamacare explain their opinions and learn about the recent. Supreme Court decision that handed this power to the federal government. So what If American government was a type of cake what cake would it be. using marble cake as a metaphor author Paul C Light explains the importance of. understanding America s blended government so that students can determine. which level or branch can best address their concerns. M02 MAGL4008 25 SE 02 indd 58 11 19 12 1 44 PM, In recent years however many states have passed laws that challenge the national gov.
federalism, ernment s supremacy in setting rules covering undocumented immigrants who reside in the 2 1. A constitutional arrangement in which, U S illegally With the nation and most states suffering from high unemployment starting in power is distributed between a cen. 2008 and continuing to this day some states have argued that undocumented immigrants are tral government and states which are. taking jobs that would go to U S citizens They have passed laws that put tight restrictions on sometimes called provinces in other. nations The national and states exer 2 2, state benefits such as public education and college tuition benefits for the children of illegal cise direct authority over individuals. immigrants Although some of these laws have been declared unconstitutional by the national. courts states continue to try new ways of reducing illegal immigration In 2006 84 immigra. tion bills were enacted by state legislatures and signed into law by 2010 the number had. climbed to 364 with further increases in 2011 2, In June 2011 for example Alabama enacted one of the most restrictive immigration. laws in the nation Under the law illegal immigrants are considered state criminals who are. subject to arrest and possible imprisonment Most significantly the law requires that public. schools must check the immigration status of all their students Under the provision school. children were required to reveal the immigration status of their parents 2 5. In revealing their own immigration status students had little choice but to tell school. administrators whether their parents were in the United States legally Although any child. born in the United States is automatically deemed a citizen under national law and the. Constitution some Alabama school children were born to illegal immigrants As a result. many parents kept their children home on October 1 when the law took effect and some. fled the state to avoid the law 3 The same law also contained a provision that required. residents of mobile homes to prove their legal status before renewing their annual home. registration tags, Even as the Alabama law was going into effect an equally tough Arizona law was mov.
ing toward the Supreme Court After hearing arguments in April a 5 to 3 majority declared. that the national government not the states had the broad undoubted power over the. subject of immigration and the status of aliens The national laws were supreme to any. state laws rendering most of Arizona s law unconstitutional At the same time the Court. did permit Arizona to implement its show me your papers provision which gives police. the authority to ask drivers for their citizenship papers when stopped for other reasons The. Court ruled that the provision was a constitutional exercise of state powers It is still not. clear how much of Alabama s law will survive further tests based on the Court s decision. For now Alabama says it is still in force 4, In this chapter we first define federalism and its advantages and disadvantages We. then look at the constitutional basis for our federal system and how court decisions and. political developments have shaped and continue to shape federalism in the United. States Throughout you should think about how you influence the issues you care about. even in your local city council or mayor s office The Constitution clearly encourages and. even depends on you to express your view at all levels of government which is why. action in a single state can start a process that spreads to other states or the national. government,Defining Federalism, Interpret the definitions of federalism and assess the advantages and disadvantages of. the American system of federalism, ars have been fought over what federalism means in part because the term. W itself is laden with ideological interpretation 5. Federalism as we define it in nonpartisan terms is a form of govern. ment in which a constitution distributes authority and powers between. a central government and smaller regional governments usually called states or. provinces giving to both the national and the state governments substantial respon. sibilities and powers including the power to collect taxes and to pass and enforce laws. M02 MAGL4008 25 SE 02 indd 59 11 19 12 1 44 PM, regulating the conduct of individuals When we use the term federalism or federal. 2 1 system we are referring to this system of national and state governments when we use. the term federal government in all other chapters of this book we are referring to the. Congress presidency and judiciary created under the U S Constitution. 2 2 The mere existence of both national and state governments does not make a system. federal What is important is that a constitution divides governmental powers between the. national government and state governments giving clearly defined functions to each. 2 3 Neither the central nor the regional government receives its powers from the other. both derive them from a common source the Constitution No ordinary act of legis. lation at either the national or the state level can change this constitutional distribution. of powers Both levels of government operate through their own agents and exercise. power directly over individuals, Constitutionally the federal system of the United States consists of only the.
national government and the 50 states Cities are not the Supreme Court reminded. us sovereign entities 6 This does not make for a tidy efficient easy to understand. system yet as we shall see it has its virtues, There are several different ways that power can be shared in a federal system and. political scientists have devised terms to explain these various sometimes overlapping. kinds of federalism At different times in the United States history our system of. federalism has shared power based on each of these interpretations. Dual or layer cake federalism is defined as a strict separation of powers between. the national and state governments in which each layer of has its own responsi. bilities and reigns supreme within its constitutional realm Dual federalism was. dominant from the 1790s until the 1930s, Cooperative or marble cake federalism is defined as a flexible relationship between. the national and state government in which both work together on a variety of. issues and programs 7 Cooperative federalism was dominant from the 1930s. through the 1970s, Competitive federalism is defined as a way to improve government performance by. encouraging state and local governments to compete against each other for resi. dents businesses investment and national funding 8 Competitive federalism has. coexisted with other definitions of federalism since the 1980s. State and local governments are responsible for policing the streets but not for enforcing federal laws. Still they often work with national agencies such as the Federal Bureau of Investigation and the Drug. Enforcement Administration This kind of joint action is an example of cooperative federalism. M02 MAGL4008 25 SE 02 indd 60 11 19 12 1 44 PM, Permissive federalism is defined as a strong national government that only allows. unitary system, or permits the states to act when it decides to do so Although federalism gener A constitutional arrangement that 2 1.
ally assumes that the national and state governments will share power permissive concentrates power in a central. federalism argues that the power to share belongs to the national government and government. national government alone 9 Permissive federalism has been dominant on specific 2 2. issues such as civil rights since the 1960s confederation. A constitutional arrangement in which, Coercive federalism is also defined as a strong national government that exerts tight sovereign nations or states by compact. control of the states through orders or mandates typically without accompanying create a central government but care 2 3. financial resources If states want federal grants they must follow the mandates fully limit its power and do not give it. direct authority over individuals, Coercive federalism is sometimes called centralized federalism which focuses on. the national government s strong voice in shaping what states do Coercive feder 2 4. alism has also been dominant on specific issues such as public education and the. environment since the 1960s, New federalism is defined as a recent effort to reduce the national government s 2 5. power by returning or devolving responsibilities to the states It is sometimes. characterized as part of the devolution revolution discussed later in this chapter. The new federalism has been seen as a modern form of dual federalism based. on the Tenth Amendment and was first introduced by President Richard. Nixon in 1969,Alternatives to Federalism, Among the alternatives to federalism are unitary systems of government in which. a constitution vests all governmental power in the central government The central. government if it so chooses may delegate authority to constituent units but what it. delegates it may take away China France the Scandinavian countries and Israel have. unitary governments In the United States state constitutions usually create this kind. of relationship between the state and its local governments. At the other extreme from unitary governments are confederations in which. sovereign nations through a constitutional compact create a central government. but carefully limit its authority and do not give it the power to regulate the conduct. of individuals directly The central government makes regulations for the constitu. ent governments but it exists and operates only at their direction The 13 states. under the Articles of Confederation operated in this manner as did the southern. Confederacy during the Civil War The closest current example of an operating. confederacy in the world is the European Union EU which is composed of. 27 nations Although the EU does bind its members to a common currency called. the Euro and does have a European Parliament and European Court of Justice and. European Commission members such as France Germany Italy and Spain retain. their own laws and authority The EU may look like a confederation but it acts more. like a traditional alliance such as the United Nations or the North Atlantic Treaty. Organization 10, Even among all the nations that call themselves federations there is no single.
model for dividing authority between the national and state governments Some coun. tries have no federal system at all whereas others have different variations of power. sharing between the national and state governments Indeed even the United States. has varied greatly over time in its balance of national state power. Britain s government for example is divided into three tiers national county and. district governments County and district governments deliver roughly one fifth of all. government services including education housing and police and fire protection As a. rule most power is reserved for the central government on the theory that there should. be territorial justice which means that all citizens should be governed by the same. 56 American Federalism 2 Watch the Video at myanthrolab Study and Review the Pre Test and Flashcards at myanthrolab Read the Document at myanthrolab Read the Document The Title of the Document Goes Here atSample Concept myanthrolab View the Image at myanthrolab Map the Concepts at myanthrolab Explore the Concept at myanthrolab Simulate the Experiment at myanthrolab

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