Federalism

A political system in which power is divided and shared national/central gov &

states/subnational units limits the power of government.

Founding Fathers Thinking

Created a system between Articles & tyrannical system of Great Britain

Federalism based on sovereignty of the people– Delegate power to central government– Delegate power to state government

Vertical separation of powers - limiting the power of government

Arguments for Federalism

Prevention of tyranny– Shifting allegiance, limiting power

Provision for increased participation in politics

Diverse policies are needed to accommodate a diverse population both economically & socially

The use of the states as testing grounds or laboratories for new policies and programs– welfare

Strengths of Federal System

Strong national government to meet national needs– Currency– Tax– Declare war etc.

Preserves state rights– Marriage– Gun laws– Death penalty– education

Local action in local concerns– Gambling– Illegal immigrants - Hazelton, AZhttp://www.cbsnews.com/video/watch/?id=2199647n

Keeps government close to the people– Local ordinances – State laws

National action in National concerns– Security– Engaging troops/war

Allows states to act as “laboratories” and rate policies that may become federal laws– Suffrage– Welfare– Education

Sometimes state laws become federal

laws– Gay marriage?

Weaknesses Expensive Inefficient

– Too much bureaucracy– Gridlock

Federal blackmail– $ given to states under certain circumstances

• No Child Left Behind

• .08 drinking level

• Drinking age

– Categorical Grants - grant in aid, made for specific, closely defined purpose.

Forcing a state to do something through legislation– Clean Water Act– NCLB

Known as unfunded mandate– States receive no $ to meet the demands– Americans with Disabilities Act

Poor regions are unable or unwilling to provide the same services as wealthy ones– Education– Social services

Roots of the Federal System National Powers

– Enumerated• 17 powers granted in A1, S8

• Powers exclusive to National Government

• Figure 3.3, p. 101 in textbook– Coin money, regulate commerce declare and conduct war

– Necessary and Proper Clause• A1, S8, clause 18

• Powers necessary to carry out enumerated powers

• Increases national power– These powers are known as implied powers

Supremacy Clause

– A6, S2

• Solves issues between state and federal governments

• “the laws of the United States, and its treaties are to be supreme law of the land”

• McCulloch v Maryland (1819)

• Gibbons v Ogden (1824)

State Powers

Often called State Reserve Powers or Police powers– A1, A2, A4, and 10th Amendment– P. 101, figure 3.3 in textbook

• Elections, amendments to Cons., estab. local govt.

Privileges & Immunities Clause– Guarantees citizens of each state are afforded

the same as citizens of all other states– No unreasonable distinctions– A4, S2

Relations among the States

Framers wanted a united country

Constitution designates the Supreme Court arbiter of state disputes - A3 S2

A4: Full Faith & Credit “. . .given to each State to the public Acts, Records, and judicial Proceedings of every other State.”

10th Amendment States retain powers not enumerated in the

Constitution as belonging to the national government, and not denied to the states

– US v Lopez: Carrying a weapon within a school zone is a crime punishable by the state, not Federal authority - general police power held only by the states under the 10th amendment

9th & 10th Amendments

Why included in Bill of Rights?

What do these amendments protect?

Issues today not designated by the Framers?

Concurrent Powers

Powers shared by the national and state governments– Taxing power– Borrow $– Establish court systems

Figure 3.3, page 101

Powers Denied

National Government A1, S9– Suspend Habeas corpus (rebellion or

invasion)

– Pass bill of attainder, ex post facto laws

– Tax items exported from any state

– Give preference to ports of one state over another

Powers Denied States A1, S10

– Enter into treaties, alliances

– Coin money

– Pass ex post facto laws

– Enter into compacts with other states or foreign powers • consent of Congress for interstate• Approx 200 in force today

– Engage in war

Dual Federalism & Marshall Court

Marshall court increased power of Federal Government– McCulloch v Maryland (1819)– Gibbon v Ogden (1824)

Period of Dual Federalism [1835-1932]– Federal and state governments are co-equals,

each sovereign– Narrow interpretation of Constitution– National Gov should not exceed its

constitutionally enumerated powers

Federal government has jurisdiction if clearly expressed in the Constitution– Money– Foreign affairs

Tenth Amendment states all other powers are, and should be, reserved to the states

States have greater role and powers– Public education– Race relations

Strong Emphasis on States Rights

Dred Scott decision– Sued to be free under Missouri Compromise– Only citizens of the US could sue in federal court

• Scott was property– Then declared Missouri Compromise

unconstitutional• Declared Congress did not have the

authority to bar slavery in the territories• Constitution protects private property

Civil War Changed Federalism back to National strength

– National Government grew in size and power– Imposed its will on states through the Civil War

Amendments - 13th, 14th, 15th– Supreme Court supported states police power laws

• Plessy v Ferguson (1898) separate but equal was constitutional

• Civil rights and voting cases became state matters

– Court allowed Federal Gov. more power regarding economy

• Interstate Commerce Act

• Sherman Anti-Trust Act

Stronger National Government

– 16th Amendment: authorized Congress to enact a national income tax

– 17th Amendment: made senators directly elected by the people; removed their selection from state legislatures

Jim Crow laws 1876-1954 According to the original Constitution,

states could determine voting eligibility

Southern states denied blacks their voting

rights for many years

Plessy v Ferguson “separate but equal” doctrine supported by Supreme Court

Cooperative Federalism1933~1980’s

Federal Government intervenes or assists in some areas traditionally left to the states– Education– Healthcare– Civil rights

Began with the New Deal in the 1930’s– Sweeping national programs– Supreme Court eventually confirmed FDR’s

right to intervene

Brown v Board of Education 1954– Supreme Court mandated school

intergration LBJ and the “Great Society 1964-68

– programs to fight poverty– programs to fight civil rights violations

• Increased federal spending with strings attached

– Picket fence federalism: crosses gov lines• Connects officials who work at different levels

• Intergovernmental relations to address interest of lobbyists and groups inside and outside gov.

Nixon and 1970’s– Clean Air and Clean Water Acts - direct

orders– Federal programs funded through “block

grants• States have some discretion over spending

– Revenue sharing 1972-87• Money for state and local programs with virtually

no strings attached.

• Congress had little control over these grants, ended the program

New Federalism: Devolving Power to the States

Devolution 1980’s - 2001– Took steps to shrink the size of the federal

government– Favored programs administered by state– Used block grants with strings attached– Declining funds lead to competition for $-state local gov’s hired lobbyists (intergovernmental

lobby)– US v Lopez strengthened state rights

• Gun control on school property does not fall under federal authority

9/11 Era - Reversal Greater federal control - wars in Afghanistan/

Iraq forced Pres Bush to increase size of gov– Law enforcement - Homeland Security, TSA– Education

• NCLB - increased fed requirements and state costs

– Security• Patriot Act

– Welfare– War– Deficits– Disaster Relief - Katrina, tornados, Irene

• FEMA

Supreme Court - Return to States’ Rights?

New Deal to 1980’s - national power expanded

Trend reversing– Webster v Reproductive Health Services

1989– Planned Parenthood of SE PA v Casey 1992

• restricted federal powers while enhancing the role of the states

– Bush v Gore 2000• Restricted state powers while enhancing the role

of the federal government