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FEDERALISM
Chapter 3
Government in America: People, Politics, and PolicyEdwards/Wattenberg/Lineberry
Updated Summer 2014
US V LOPEZ
What was the issue behind the Lopez case?
How does this show a conflict between state and national government?
DEFINING FEDERALISM What is Federalism?
Federalism: a way of organizing a nation so that two or more levels of government have formal authority over the land and people. Also known as a federal system. The US is this type of government.
Unitary governments: a way of organizing a nation so that all power resides in the central government. Example: England
Confederation: The power lies with the states and the central government is very weak. This is how we operated under the Articles of Confederation. The United Nations is a modern example.
Intergovernmental Relations: the workings of the federal system- the entire set of interactions among national, state and local governments
CURRENT ISSUE INVOLVING FEDERALISM Medical Marijuana:
Federal Law: Controlled Substances Act of 1970 – prohibits the sale, possession, or use of marijuana
1996 – CA voters pass the Compassionate Use Act, legalizing the medical use of marijuana with a doctor’s prescription (17 other states have followed CA lead)
Clear conflict between state and federal law
Supreme Court case: Gonzales v Raich (2005) – Users argued that the feds had overstepped their power because all the marijuana in CA was grown and distributed WITHIN the state. NOT interstate commerce.
Court disagreed, saying that medical marijuana is indistinguishable from illicit marijuana because There is no way to guarantee that all marijuana grown for
medical purposes is being USED for medical purposes, and that it will stay within the state of CA.
DEFINING FEDERALISM
Why Is Federalism So Important?Decentralizes our politics
More opportunities to participateDecentralizes our policies
Federal and state governments handle different problems.States regulate drinking ages, marriage, and speed limits.
States can solve the same problem in different ways and tend to be policy innovators.
THE CONSTITUTIONAL BASIS OF FEDERALISM The Division of Power
Supremacy Clause, Article VI of the Constitution states the following are supreme:The U.S. ConstitutionLaws of CongressTreaties
Yet, national government cannot usurp state powers.TENTH AMENDMENT!!!! Powers NOT given to the federal government belong to the states!
THE CONSTITUTIONAL BASIS OF FEDERALISM(SPECIFIC TITLES FOR EACH GROUP OF
POWERS ON THE NEXT SLIDES. GET THESE IN YOUR NOTES!!)
DELEGATED POWERS (AKA ENUMERATED OR EXPRESSED)
Listed in the ConstitutionArticle I, Section 8Declare warMaintain a militaryRegulate interstate and foreign
commerceCoin moneyPunish counterfeitersEstablish post offices and post roadsEstablish copyrights and patents
IMPLIED POWERS
Created by the Necessary and Proper Clause (Art I, Sec 8, Clause 18), aka the Elastic ClauseAllows Congress to STRETCH its
power beyond what is outlined in the Constitution
Example – The draft
RESERVED POWERS
TENTH AMENDMENT
Says that any power NOT given to Congress through the Constitution is RESERVED to the states or the peopleEducationMarriage Supreme Court Ruling on Gay Marriage
Driver’s Licenses
CONCURRENT POWERS
Powers shared by the states and the federal governmentTaxBorrow MoneyBuild roadsEstablish courtsMake lawsSpend money
PROHIBITED POWERS
Things Congress is NOT allowed to do
Pass ex post facto lawsSuspend the writ of habeas corpusPass bills of attainder
THE CONSTITUTIONAL BASIS OF FEDERALISM
Establishing National Supremacy happened through very specific events (Each of which gets their own slide ) Implied powers and National Supremacy
McCulloch v. Maryland (1819) Commerce Powers
Gibbons v. Ogden (1824) The Civil War (1861-1865) The Struggle for Racial Equality
Brown v. Board of Education (1954)
MCCULLOCH V MARYLAND (1819) Federal government created the national bank The state of Maryland taxed the Baltimore branch
of the bank, action upheld in state court Questions:
Does the federal government have the power to create the bank if it’s not mentioned in the Constitution?
Can the state of Maryland tax the federal government?
Two major principles from the outcome of the case: Supremacy of the federal government Implied powers – there are powers Congress has that are
not in the Constitution because of the “elastic” or “necessary and proper clause” (Article 1, Section 8, last paragraph)
GIBBONS V OGDEN (1824)
Outcome: The Supreme Court gave a very broad interpretation to Congress’ power to regulate interstate commerce so that it includes virtually every form of commercial activity
Definition has become even more broad with the expansion of technology
CIVIL WAR (1861 – 1865)
Really this was NOT a battle over slavery, it was a struggle over who held the power, the states or the federal government
Outcome favored the federal government over states’ rights
STRUGGLE FOR RACIAL EQUALITY Again, this was a battle over states’
rights
Key court decision: Brown v Board of Education of Topeka, KS (1954)
National government implemented desegregation policies and the states had to comply whether they liked it or not. The struggle was long and difficult and took further action from the federal government to guarantee that policies were put in place and followed.
THE CONSTITUTIONAL BASIS OF FEDERALISM
States’ Obligations to Each OtherFull Faith and Credit: Each state must
recognize official documents and judgments rendered by other states. Article IV, Section I of Constitution
Privileges and Immunities: Citizens of each state have privileges of citizens of other states. Article IV, Section 2 of Constitution
Extradition: States must return a person charged with a crime in another state to that state for punishment.
INTERGOVERNMENTAL RELATIONS TODAY
Dual FederalismDefinition: a system of
government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies
Like a layer cake!!!!Narrowly interpreted powers of
federal governmentEnded in the 1930’s
INTERGOVERNMENTAL RELATIONS TODAY
Cooperative FederalismDefinition: a system of government
in which powers and policy assignments are shared between states and the national government
Like a marble cake!!!!Shared costs and administrationStates follow federal guidelines
WHAT IS COOPERATIVE FEDERALISM IN THE US TODAY?
Shared Costs – states and cities get money to do all sorts of projects, but they only pay part of the bill
Federal guidelines – there are strings attached to federal money
Shared administration – state and local officials implement federal policies, but have federal dollars to spend and latitude in spending it
INTERGOVERNMENTAL RELATIONS TODAY
Fiscal Federalism - the pattern of spending, taxing, and providing grants in the federal system; it is the key to the national government’s relations with state and local governments
DIFFERENCES BETWEEN THE PARTIES IN THE 20TH CENTURY Democrats have supported increasing the power of
the federal government in policies ranging from child labor laws to Social Security and health care.
Republicans oppose these policies and wanted states to take responsibility for these issues
Republicans controlled both houses in 1994, began a policy of DEVOLUTION: transferring responsibility for policies from the federal government to the states Repealed the federal speed limit, states took control of
welfare Things mellowed under GW Bush – No Child Left
Behind was a MAJOR federal policy. However, Tea Party Republicans want to see the
states given back more power over policy issues today
Fiscal Federalism (continued) The Grant System: Distributing the Federal Pie
Categorical Grants: federal grants given to states and cities that can be used for specific purposes; grants with strings attached
Project Grants: based on merit, competitive application process
Formula Grants: amount varies based on formulas
Block Grants: federal grants given more or less automatically to support broad programs
Which parties prefer which grants? WHY?
INTERGOVERNMENTAL RELATIONS TODAY Fiscal Federalism (continued)
The Scramble for Federal Dollars$460 billion in grants every yearGrant distribution follows universalism—a little something for everybody.
The Mandate BluesMandates direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant.
Unfunded mandates - states have to do what they’re told with no financial help from the federal government
UNDERSTANDING FEDERALISM
Advantages for Democracy Increases access to
governmentLocal problems can
be solved locallyHard for political
parties or interest groups to dominate all politics
Disadvantages for DemocracyStates have different
levels of serviceLocal interest can
counteract national interests
Too many levels of government and too much money
UNDERSTANDING FEDERALISM
Federalism and the Scope of GovernmentWhat should the scope of national
government be relative to the states?National power increased with industrialization, expansion of individual rights, and social services.
Most problems require resources afforded to the national, not state governments.