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Shea, Green, and SmithLiving Democracy, Second

Edition

Chapter 3:Federalism

Chapter 3: Federalism

Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition

Dividing Governmental Authority

In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the right of the people.

James Madison, Federalist No. 51




Our federal system of government has often been a source of conflict.

How do we decide which powers should rest with the states and which should belong to the national government?



Is the federal government getting too big to provide an effective response to local

problems?




Why Divide Authority in the First Place?

The Constitution may have never been ratified if the Framers had pushed for a unitary system.

Federalism was a compromise, allowing the states to maintain their independence.



Sikh, living in California

Moved to activism following changed climate after September 11, 2001

Student Profile: Harkirat Hansra



The Evolution of Federalism

“State-Centered Federalism” 1787 to 1868

From the adoption of the Constitution to the end of the Civil War, the states were the most important units of the American Federal System.

McCulloch v. Maryland was decided during this phase.



Chief Justice, 1801–1835

Marbury v. Madison, 1803

McCulloch v. Maryland, 1818

–used Constitution’s necessaryand proper clause

His opinions helped to weaken states’ rights.

Pathways Profile: John Marshall



Evolution of Federalism

Doctrine of Nullification– Each state could declare any laws or actions of the national government “null and void.”

Doctrine of Secession– States could choose to withdraw from the United States if they wanted.

– Used by the Confederate States in the Civil War.



Counter-example, with no legitimate pathway taken

Violence used instead

Pathways of Action: The Civil War and the Failure

of American Politics




“Dual Federalism”

1868 to 1913

In this phase, the national government narrowly interpreted its delegated powers and the states

continued to decide most domestic policy issues.




After the Civil War, industrialization and urbanization created new challenges for the federal system.



Federal Power: The Supreme Court and the New Deal

Franklin D. Roosevelt was elected in 1932, in the midst of the Great Depression.

Supreme Court blocked many of his New Deal laws.

Roosevelt responded with a “court-packing” plan.




Past Trends in Federalism

The system was likened to a marble cake in that “as the

colors are mixed in a marble cake, so functions are mixed in the American federal system.”

Cooperative Federalism 1913 to 1964



The presidency of Lyndon B. Johnson (1963–1969) marked a critical point in the evolution of

federalism.


The Great Society and Creative Federalism



Johnson’s “Great Society”– War on Poverty

Federal funds were directed to states, local government, and a wide variety of social programs.


The Great Society and Creative Federalism



Past Trends in FederalismThe Great Society and Creative

Federalism



Grants-in-AidFederal funds given to state and local governments on the condition that the money be spent for specified purposes, defined by officials in Washington.

In 2004, the federal government spent $418,091,000,000 in grants-in-aid to

state and local government.


The Changing Nature of Federal Grants



Block grantsFederal funds given to states, which have discretion in spending the money


The Changing Nature of Federal Grants

In 1996 there was a shift from Categorical Grants to Block Grants.



Recent Trends in Federalism

Ronald Reagan sought to return more power and responsibility to the states.

“Government is not the solution; it’s the problem.” –Ronald Reagan



John Dillon, Iowa Supreme Court–New definition of the relationship between state

and local governments

Home Rule City governments free, except where prohibited by

state law.


Dillon’s Rule v. Home Rule



Devolution

The Republican “Contract with America” called for devolution—the transfer of political and economic power to the states.




The Supreme Court’s Shift in Perspective

Beginning in 1995, justices interested in granting more deference to state authority gained a slim five-to-four majority in the

Supreme Court.

•United States v. Lopez (1995)•Printz v. United States (1997)•United States v. Morrison (2000)




Ukrainian movements

– Orange Revolution

– Nashi youth movement

Freedom fighters, or tool of the Kremlin?

Pathways of Change from Around the World:

Ukraine

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