Federalism and the U.S. Constitution

By Mr. Miguel

Academy of Our Lady of Guam

What’s at Stake?

Three Branches of Government

All governments must be able to 1) Make laws – Legislative 2) Administer/execute the laws - Executive Adjudicate/interpret the laws –Judicial

The Legislative BranchThe Case for Representation

Lawmaking power

U.S. Congress = bicameral

Federalist #10

“helps to refine and enlarge the public views by passing them through the medium of a chosen body of citizens” - Madison

What does it say in the Constitution?

Article 1: Most important part of government?

Necessary and Proper Clause

Power of the Purse Collect taxes Regulate commerce Coin and regulate money Establish post office and

roads Declare war

The Legislative Branch (cont.)House of Representatives

Intended to truly represent all the people

25 years old; citizen for 7 years

2 year terms

Accessible + easily influenced by citizens

Senate

Older, wiser, more stable

35 years old; citizen for 9 years

6 year terms

More aristocratic body

“A refinement of the general public”

Alternatives?Unicameral Legislature

One body

Sweden, Spain, Israel, Denmark

Proponents argue that lawmaking would be faster and more efficient

On national level – encourages citizens to have a false sense of identity

Advantages

Providing representation of different people

Represent the different levels of federal gov. state and national

The more divided government was, the safer it would be

Executive BranchFears of the Founders

Founders = divided Alexander Hamilton –

lifetime appointment Edmund Randolph –

proposed 3 executives

Who should choose? Neither congress nor

the people Electoral college

What does the constitution say?

Section 1: 4 year term, natural born citizen, 35 years old, 14 years resident

Section 2: Enumerated powers

Section 3: State of the Union

Section 4: impeachment

Possible alternatives?

Parliamentary system

Executive = chosen by legislature

The two branches are merged

Like having the Speaker of the House as President

Executive = dependent on legislature

Leadership much more concentrated

Judicial BranchThe “Least Dangerous” Branch

Federalist 78 – least threatening branch of power

Judges appointed for life

Judicial Review

What does the constitution say?

The judicial power is to “be vested in one Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish

Possible Alternatives:Legislative Supremacy

Underlies British politics

No written constitution – acts of parliament = final

Judicial Supremacy

German Constitutional Court

Separation of Powers and Checks and Balances

Republican Remedies

Federalist 51: “If men were angles, no government would be necessary. IF angels were to govern men, neither external nor internal control on government would be necessary”

Federalist #47: Using human nature, as flawed as it might be, to limit the abuse of power

What does the constitution say?

Article 1

Bicameral legislature

Presidential Veto

Impeachment

Article 2

Creates Supreme Court

Judicial Review

Article 3

Recommends laws

Power of appointment

Only congress can declare war

Possible alternative: Fusion of Power

Parliamentary System

Federalism

What does the Constitution Say?

NO part of the Constitution deals with Federalism

Power of National government = power of Congress Enumerated Powers of Congress (Article 1, Section 8) Necessary and Proper Clause (elastic clause) Supremacy Clause

Powers given to the States Tenth Amendment

Limitations Article 1, Section 10 14th Amendment

Views of Federalism

Dual Federalism

Like a layer of cake: two self-contained layers separate from the other and acting independently

Cooperative Federalism

Like the chocolate and vanilla batter in a marble cake: interdependent

Partnership, but the dominant partner being the national government

Possible Alternatives to Federalism: Unitary System

Unitary System Confederal System

Benefits of Federalism

Provides increased access to government

Allows flexibility at the local level

Creates Competition among the states

Permits regional differences

Permits flexibility, innovation, and experimentation

Provides many avenues for change

Enables greater participation

Cost of Federalism

Competition among states

Gaps between states

Allows for differences: Florida ballot

States can defy national mandates

Current Political Perspectives

Conservatives

Generally favor stronger states

Opposed to big national government

Different states have different problems – let them solve it their own way

Liberals

Stronger national government

States rights = often code for civil rights

States cant be trusted to guarantee liberties

National government should decrease gaps between states

Greater equality

The Changing Balance: American Federalism Over Time

2 trends: America = growing in size; more demands Gradual strengthening of national gov. at expense of

states

John Marshall: Strengthening the Constitutional Powers of National Government

The Civil War: National Domination of the States

The New Deal: National Power over Business

Civil Rights: National Protection against state abuse

The Politics of Contemporary Federalism

Devolution

Devolution

Congressional Strategies for Influencing State Policy

Option 1: No National government

Option 2: Categorical Grants

Option 3: Block Grants

Option 4: Unfunded Mandates

Devolution in the Bush Years

Controversial Cases

No Child Left Behind

Terri Schiavo

Oregon assisted suicide

Amendability

Formal and Informal