FederalismFederalism::

Forging A NationForging A Nation

Man on Life SupportMan on Life SupportLife support equipment keeps an elderly man alive at a Life support equipment keeps an elderly man alive at a hospital. Proponents of euthanasia believe that hospital. Proponents of euthanasia believe that unnecessarily prolonging life in terminally ill patients causes unnecessarily prolonging life in terminally ill patients causes suffering to the patients and their family members. Many suffering to the patients and their family members. Many societies now permit passive euthanasia, which allows societies now permit passive euthanasia, which allows physicians to withhold or withdraw life-sustaining treatment physicians to withhold or withdraw life-sustaining treatment when directed to do so by the patient or an authorized when directed to do so by the patient or an authorized representative.representative.

Jack KevorkianJack KevorkianRetired physician Jack Kevorkian speaks to the press after Retired physician Jack Kevorkian speaks to the press after being charged by police for his role in assisting a suicide. being charged by police for his role in assisting a suicide. An outspoken advocate of legalizing assisted suicide, in An outspoken advocate of legalizing assisted suicide, in 1999 Kevorkian was convicted of second-degree murder 1999 Kevorkian was convicted of second-degree murder and delivery of a controlled substance after he injected a and delivery of a controlled substance after he injected a terminally ill man with a lethal dosage of medication. He terminally ill man with a lethal dosage of medication. He was sentenced to 10 to 25 years in prison.was sentenced to 10 to 25 years in prison.

EuthanasiaEuthanasiaMercy Killing, also known as euthanasia, ending the life Mercy Killing, also known as euthanasia, ending the life of an incurably ill person to save the individual from of an incurably ill person to save the individual from further pain and suffering. It can involve the withdrawal further pain and suffering. It can involve the withdrawal of extraordinary means of supporting life, such as high-of extraordinary means of supporting life, such as high-technology equipment or intravenous feeding, or the technology equipment or intravenous feeding, or the active administration of a drug to induce death. To active administration of a drug to induce death. To various degrees, the practice is legally approved in many various degrees, the practice is legally approved in many states and countries.states and countries.

Does society’s interest in preserving life Does society’s interest in preserving life outweigh a patient’s desire to die?outweigh a patient’s desire to die?

Oregon - “Death With Dignity Act” – passed 2002Oregon - “Death With Dignity Act” – passed 2002

““Dr. Death” sentenced to 10 – 25 years in prison. He Dr. Death” sentenced to 10 – 25 years in prison. He assisted in the deaths of more than 130 people and assisted in the deaths of more than 130 people and will will be eligible for parole in 2007 at the age of 79.be eligible for parole in 2007 at the age of 79.

FederalismFederalism

A governmental system A governmental system in which authority is in which authority is divided between two divided between two sovereign levels of sovereign levels of

government: national government: national and regional (state).and regional (state).

Patrick HenryPatrick Henry

“Who authorized them to speak the language “Who authorized them to speak the language of ‘We the people’, instead ofof ‘We the people’, instead of

‘We the States”. ‘We the States”.

Federalism as a Governing Federalism as a Governing SystemSystem

The Argument for FederalismThe Argument for Federalism 1. 1. Protecting LibertyProtecting Liberty – The American people can shift – The American people can shift

their loyalties back and forth their loyalties back and forth between the national and state between the national and state

governments in order to keep governments in order to keep each under control.each under control.

2. 2. Moderating the Power of GovernmentModerating the Power of Government – A large – A large republic would impede the efforts republic would impede the efforts of any single group to gain control of any single group to gain control and force compromise.and force compromise.

3. 3. Strengthening the UnionStrengthening the Union – Alleviated the problems – Alleviated the problems associated with a weak associated with a weak national authority. national authority.

Public Disorder – Shays’ Rebellion.Public Disorder – Shays’ Rebellion.Economic Chaos – Revolutionary War debt not being Economic Chaos – Revolutionary War debt not being

paid by the states. paid by the states.Inadequate Defense – No national military.Inadequate Defense – No national military.

The Tenth Amendment restates a fundamental constitutional rule: If a particular power was

not assigned to the federal government by the Constitution

itself, then the states may exercise the power, unless the Constitution also prohibits the states from exercising it. The Tenth Amendment also states

that people are free to act, without permission of the

federal government, in areas outside the scope of the federal

government's powers.

Powers Of The NationPowers Of The Nation

Enumerated PowersEnumerated Powers – (Expressed) – (Expressed) The seventeen powers granted to the The seventeen powers granted to the

national government by the national government by the Constitution. (Article 1 Section B) Constitution. (Article 1 Section B)

Ex. – taxation / national defenseEx. – taxation / national defense

““Supremacy Clause”Supremacy Clause” – establishes the – establishes the laws of the United States as the laws of the United States as the

supreme law of the land.supreme law of the land.

Powers Of The NationPowers Of The Nation

Implied PowersImplied Powers The federal government’s constitutional The federal government’s constitutional

authority to take action that is not authority to take action that is not expressly authorized by the expressly authorized by the

Constitution but supports actions that Constitution but supports actions that are so authorized.are so authorized.

““Necessary and Proper Clause”Necessary and Proper Clause” – “Elastic – “Elastic Clause” – allows the making of laws Clause” – allows the making of laws

which are necessary and proper for the which are necessary and proper for the implementation of its enumerated implementation of its enumerated

powers.powers.

Powers Of The StatesPowers Of The States

Reserved PowersReserved Powers

The powers granted to the states under The powers granted to the states under the 10th Amendment to the the 10th Amendment to the

Constitution.Constitution.

““The powers not delegated to the The powers not delegated to the United States by the Constitution, nor United States by the Constitution, nor

prohibited by it to the states, are prohibited by it to the states, are reserved to the States.”reserved to the States.”

Federalism as a Governing Federalism as a Governing SystemSystem

Historical Progressions of Historical Progressions of FederalismFederalism

1.1. The Indestructible Union (1789 – The Indestructible Union (1789 – 1865)1865)

1.1. Dual Federalism and Laissez Faire Dual Federalism and Laissez Faire Capitalism (1865 – 1937)Capitalism (1865 – 1937)

2.2. Federalism TodayFederalism Today

The Indestructible UnionThe Indestructible Union

Characterized by states disputing national policies Characterized by states disputing national policies that threatened their particular interestthat threatened their particular interest..

11stst Major Dispute Major Dispute::

1791 – Congress established the First Bank of 1791 – Congress established the First Bank of the United States. the United States.

1811 – Bank’s charter ran out – No renewal.1811 – Bank’s charter ran out – No renewal.

1816 – Congress establishes the Second Bank 1816 – Congress establishes the Second Bank

of the United States.of the United States.

The Indestructible UnionThe Indestructible Union

McCulloch v. Maryland

Served as a precedent for future assertions of national authority.

Gibbons v. Ogden

Congress’s power extended into a state when commerce between states was at issue.

Scott v. Sandford

Landmark case of the 1850s in which the Supreme Court of the United States declared that African Americans

were not U.S. citizens.

Scott v. SandfordScott v. Sandford

Dred Scott was the slave of Dred Scott was the slave of John Emerson, a United States John Emerson, a United States Army surgeon who, in 1834, Army surgeon who, in 1834, took him from Missouri to live took him from Missouri to live in Illinois and then Wisconsin in Illinois and then Wisconsin Territory, both of which Territory, both of which forbade slavery. Three years forbade slavery. Three years after Emerson’s death in 1843, after Emerson’s death in 1843, Scott sued the surgeon’s Scott sued the surgeon’s widow for his freedom, arguing widow for his freedom, arguing that his residence in a free that his residence in a free state and a free territory made state and a free territory made him free. The case reached the him free. The case reached the U.S. Supreme Court, which U.S. Supreme Court, which decided in 1857 that the decided in 1857 that the government could not make government could not make citizens either free or slaves, citizens either free or slaves, and that no black could claim and that no black could claim U.S. citizenship.U.S. citizenship.

““Doctrine of Nullification”Doctrine of Nullification”

John C. Calhoun

Each state had the constitutional right

to nullify a national law.

Dual Federalism and Laissez-Dual Federalism and Laissez-Faire Capitalism (1865 – 1937)Faire Capitalism (1865 – 1937)

Dual FederalismDual Federalism

Doctrine based on the idea that a Doctrine based on the idea that a precise separation of national precise separation of national power and state power is both power and state power is both

possible and desirable.possible and desirable.

Major Issue – Major Issue – Racial PolicyRacial Policy

No State shall make or enforce any No State shall make or enforce any law which shall abridge the law which shall abridge the

privileges or immunities of citizens privileges or immunities of citizens of the United States; nor shall any of the United States; nor shall any State deprive any person of life, State deprive any person of life, liberty, or property, without due liberty, or property, without due process of law; nor deny to any process of law; nor deny to any person within its jurisdiction the person within its jurisdiction the

equal protection of the laws.equal protection of the laws.

Plessy v. FergusonPlessy v. Ferguson

Landmark case of 1896 in which the Landmark case of 1896 in which the Supreme Court of the United States upheld Supreme Court of the United States upheld

the legality of racial segregation. At the the legality of racial segregation. At the time of the ruling, segregation between time of the ruling, segregation between

blacks and whites already existed in most blacks and whites already existed in most schools, restaurants, and other public schools, restaurants, and other public facilities in the American South. In the facilities in the American South. In the

Plessy decision, the Supreme Court ruled Plessy decision, the Supreme Court ruled that such segregation did not violate the that such segregation did not violate the

14th Amendment of the Constitution of the 14th Amendment of the Constitution of the United StatesUnited States

““Separate but Equal”Separate but Equal”

The Plessy ruling became a justification for the separate but

unequal treatment of black Americans. The southern states

could now use it as a basis to segregate the races.

Judicial Protection of BusinessJudicial Protection of Business

1886 – The Supreme Court decided that 1886 – The Supreme Court decided that corporations were “persons” within the corporations were “persons” within the meaning of the 14th Amendment – meaning of the 14th Amendment – corporation’s property rights were protected corporation’s property rights were protected from state regulation.from state regulation.

Irony – a constitutional amendment that had Irony – a constitutional amendment that had been enacted to protect the newly freed slaves been enacted to protect the newly freed slaves was ignored for this purpose but was used to was ignored for this purpose but was used to protect fictitious persons – business protect fictitious persons – business corporations.corporations.

Ex. – Sherman Antitrust Act (1890) – An attempt Ex. – Sherman Antitrust Act (1890) – An attempt to break up a monopoly on the manufacture of to break up a monopoly on the manufacture of sugar that was blocked by the Supreme Court.sugar that was blocked by the Supreme Court.

Child LaborChild Labor

Hammer v DagehartHammer v Dagehart

U.S. Congress passed a law U.S. Congress passed a law that prohibited the interstate that prohibited the interstate shipment of goods produced shipment of goods produced

by child labor. Citing the by child labor. Citing the 10th Amendment, the 10th Amendment, the

Supreme court invalidated Supreme court invalidated the law.the law.

National Authority National Authority PrevailsPrevails

Franklin D. Roosevelt’s legislative Franklin D. Roosevelt’s legislative package (New Deal) to end the package (New Deal) to end the Great Depression almost wasn’t Great Depression almost wasn’t because the Supreme Court saw because the Supreme Court saw

it as unconstitutional.it as unconstitutional.

Massive public works programs to Massive public works programs to create jobscreate jobs were viewed as were viewed as

communistic.communistic.

National Authority National Authority PrevailsPrevails

1937 – Roosevelt proposed legislation to appoint to 1937 – Roosevelt proposed legislation to appoint to the the Court an additional justice when a seated Court an additional justice when a seated member member reached the age of seventy. For a reached the age of seventy. For a reason that has reason that has never been explained, never been explained, Justice Owen Roberts Justice Owen Roberts abandoned his abandoned his opposition to Roosevelt’s policies opposition to Roosevelt’s policies and gave the and gave the president a 5-4 majority. president a 5-4 majority. Economic Economic recovery was just around the corner.recovery was just around the corner.

(FDIC) (FDIC) The Federal Deposit Insurance The Federal Deposit Insurance

Corporation gave depositors Corporation gave depositors confidence to keep the money in confidence to keep the money in

banks and thrifts.banks and thrifts.

Toward National Toward National CitizenshipCitizenship

►Eliminated Government sponsored Eliminated Government sponsored discrimination. discrimination.

►Created Compensatory Created Compensatory opportunities for women and opportunities for women and minorities.minorities.

►1954 – Supreme Court outlaws 1954 – Supreme Court outlaws racial racial segregation in public segregation in public schools.schools.

►The Miranda Ruling – Informing The Miranda Ruling – Informing crime suspects of their crime suspects of their

rights at rights at the time of arrest.the time of arrest.

Federalism TodayFederalism Today

Long Term Expansion of National Long Term Expansion of National AuthorityAuthority

Cooperative FederalismCooperative Federalism

National, state and local levels work National, state and local levels work together to solve problems. together to solve problems.

Characterized by shared Characterized by shared responsibilities instead of divided responsibilities instead of divided

ones.ones.

Federalism Today 1965 – President Johnson’s “Great Society”

Medicaid – healthcare for the poor.

1. Jointly Funded (State and National Governments)

2. Jointly Administered (State and Local mostly, National provided administration)

3. Jointly Determined (State and National deciding eligibility and benefit levels.)

Before the enactment of the Medicaid program in1965, poor people in many states were not entitled to government-paid health care. Now most poor people are eligible regardless of where in the United States they live.

Fiscal Federalism

Refers to the expenditures of federal funds on programs run in part

through the states and localities. The government accomplishes this through cash payments or grants-in-

aid to states and localities in two major forms:

Categorical Grants and Block Grants.

Fiscal Federalism

Categorical Grants

Federal grants-in-aid to state and localities

that can be used only for designated

projects. Funds for lunchroom support

can only be used for that purpose.

Block Grants

Federal grants-in-aid that permit state and

local officials to decide how the

money will be spent within a general level, such as education or

health.

DevolutionDevolution

The passing down of authority The passing down of authority from the national from the national

government to the state and government to the state and local governments.local governments.

DevolutionDevolution

Budgetary Pressures And Public Budgetary Pressures And Public OpinionOpinion

Huge budget deficits of the early 1980’s Huge budget deficits of the early 1980’s drastically reduced the amount of federal drastically reduced the amount of federal aid available. Thus, states and localities aid available. Thus, states and localities were forced to pay an increasingly larger were forced to pay an increasingly larger

share of joint programs (food stamps / share of joint programs (food stamps / public housing).public housing).

DevolutionDevolution

The Republican RevolutionThe Republican Revolution Republican party moves to a more decentralized

form of federalism.Fewer unfounded mandates. (Mandates only

partially funded by Washington – disability access)

Reduction in Block Grants (states controlled more money)

Major Legislation 1996 Welfare Reform Act

Ended the decades-old program that granted cash to every poor family with children. (TANF – Temporary Assistance for Needy Families restricts a family’s eligibility for federal assistance to five years.)

DevolutionDevolution

Judicial SystemJudicial System

A series of Supreme Court decisions have limited A series of Supreme Court decisions have limited Congress’s Authority to enact laws that are Congress’s Authority to enact laws that are

binding on the states.binding on the states.

United States v. LopezUnited States v. Lopez – Supreme Court struck – Supreme Court struck down a federal law that prohibited the down a federal law that prohibited the possession of guns within one mile of a school.possession of guns within one mile of a school.

Printz v. United StatesPrintz v. United States – The Supreme Court – The Supreme Court struck down that part of the federal Handgun struck down that part of the federal Handgun Violence Act (the so-called Brady Bill) that Violence Act (the so-called Brady Bill) that required local law-enforcement to conduct required local law-enforcement to conduct background checks on perspective handgun background checks on perspective handgun buyersbuyers