Jonathan Mullen 24SEPt2010A.P. Gov. & Politics Period: 03

Chapter 3 Outline

Chapter 3: Why Federalism Matters

1. Why Federalism Mattersa. Federalism: A political system in which the national government shares power with local

governments (local usually refers to state) (Authority shared by national and local governments)

i. State governments have a specially protected existence and the authority to make final decisions over many governmental activities.

1. How certain federal laws are followed and funded are normally determined by local governments. (Ex. Liquor laws)

ii. The single most persistent source of political conflict has been the relations between national and state governments. (Ex. Slavery, social welfare programs, ect…)

2. The Foundinga. Founding Fathers likened federalism because it protected personal liberty (Similar to

separation of powers--------Checks and Balances)3. A Bold, New Plan

a. Federation (“Federal Republic”): derives power directly from the people.i. State and National gov. would each have certain powers, but neither would

have “supreme authority” over the other.1. State powers are not stated in the constitution. (Only amendment that

gives state governments power= 10th amendment)a. 10th 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.”

i. Normally supreme court under looks this amendment.4. Elastic Language

a. Elastic Clause (necessary and proper clause): Section of the constitution allowing congress to pass all laws “necessary and proper” to it’s duties, and which has permitted congress to exercise powers not enumerated by the constitution.

i. (Found in Article 1 of the constitution): Congress shall have the power to “make all laws which shall be necessary and proper for carrying into execution the foregoing powers.”

1. Allows for a changing government5. The Debate on the Meaning of Freedom

a. National supremacy vs. states’ rightsi. National government was supreme (As determined from the Civil War), its

sovereignty came directly from the citizens of the U.S.6. Nullification

a. The supreme state can decide a case without settling the issue.i. Nullification: The doctrine that a state can declare null and void a federal law

that, in the states opinion, violates the constitution.

1. States cannot declare acts of congress unconstitutional.a. Proven by the Civil War

7. Dual Federalisma. Dual Federalism: Doctrine holding that the national government is supreme in its

sphere, the states are supreme in theirs, and the two spheres should be kept separate.8. State Sovereignty

a. United States vs. Lopez (1995) : Court held that Congress has exceeded its commerce clause power by prohibiting firearms in a school zone.

b. Printz vs. United States (1997): Court invalidated a federal law that required local police to conduct background checks on all gun purchasers.

c. Eleventh Amendment: protects states from lawsuits by citizens of other states and foreign nations.

d. Alden vs. Maine (1999): Court held that state employees could not sue to force state compliance with federal fair-labor laws.

e. Federal Maritime Comission vs. South Carolina Ports Authority (2002): Court further expanded states’ sovereign immunity from private lawsuits. Declared that dual sovereignty “is a defining feature of our nations constitutional blueprint.”

f. Police Power: State power to enact laws promoting health, safety, and morals.9. Governmental Structure

a. Sovereignty: Supreme or ultimate authorityi. Sovereign government is one that is legally and politically independent of any

other government. b. Unitary system: System in which sovereignty is wholly in the hands of the national

government, so that the states and localities are dependent in its willc. Confederation or confederal system: System in which the states are sovereign and the

national government is allowed to do only that which the states permit.d. Federal System: System in which sovereignty is shared, so that in some matters the

national government is supreme and in other matters the states are supreme.10. What the states can do

a. Existence of states are guaranteed by the constitutioni. No state can be divided without its consent

1. Legislative Representation guaranteed for each stateb. Initiative: Process that permits voters to put legislative measures directly on the ballot.c. Referendum: Procedure enabling voters to reject a measure passed by the legislature.d. Recall: Procedure whereby voters can remove an elected official from office.

11. Grants-In-Aida. Grants-In-Aid: Money Given by the national government to the states

i. Given for various reasons/purposes, including persuasion, law enforcement, and for reimbursement purposes

12. The Intergovernmental Lobbya. “The Intergovernmental Lobby”: Made up of organizations / persons who depend on

federal funds.i. The Intergovernmental Lobby’s purpose: To obtain more federal money with

fewer strings attached13. Categorical Grants

a. Categorical Grants: Federal Grants for specific purposes. (ex. Building an airport)14. Rivalry among the states

a. Competition between the states can’t be avoided as long as the federal Gov. has money available “for the taking.”

15. Federal Aid and Federal Controla. Conditions of aid: Terms set by the national government that states must meet if they

are to receive certain federal funds.b. Mandates: Terms set by the national government that states must meet whether or not

they accept federal grants.i. Normally concern civil rights and environmental protection.

c. Waiver: A decision by an administrative agency granting some other part permission to violate a law or rule that would otherwise apply to it.

16. Chapter Summary a. The system of checks and balances is evident between state and national government.b. Both governments are guaranteed certain powers / rightsc. States:

i. Reserve to themselves control over the vast majority of public services.ii. Guaranteed existence, protected by the constitution

iii. Normally has a more complex constitutiond. National:

i. Supreme law of the landii. Constitution normally mor lax