federalism

FEDERALISM

The Federalism Debate


I. A division of sovereignty: state & national


I. A division of sovereignty

II. Federalism in Context



II. Federalism in ContextA. Why not a unitary system?

Ultimate authority (sovereignty) rests in central government.




B. Why not a confederate system?

Ultimate authority (sovereignty) rests in state governments.





C. US chose a Federal system

Ultimate authority (sovereignty) is divided between central governments and states.

Federalism

Decentralized Authority

Centralized Authority

Confederate Government

Unitary Government

US Federal Government

United States of Germany - Federal

United States of Mexico - Federal

Federalism




Unitary Government


Federal Republic of Germany Federal Republic of Mexico






D. Essential to foundation






D. Essential to foundation1) Needed for ratification







2) Orderly entry of new territories







2) Orderly entry of new territories

3) Preserves local culture/economy




III. Federalism & Ratification: The 10th Amend




III. Federalism & Ratification: The 10th AmendA. Federalist concerns? Anti-Federalist concerns?





B. Constitution was a compromise:





B. Constitution was a compromise:1) Addressed some Ant-Federalist (DRs) concerns





B. Constitution was a compromise:1) Addressed some Ant-Federalist (DRs) concerns

2) Addressed some Federalist concerns

2. Evolution of the Debate


I. Fluid meaning of “federalism”

Federalism




Unitary Government


Federal Republic of Germany Federal Republic of Mexico


I. Fluid meaning of “federalism”A. Which level has authority on which issues?


I. Fluid meaning of “federalism”A. Which level has authority on which issues?

B. What’s the driving force of this inability to permanently define federalism

• (meaning the exact roles of states and central government)



II. Turning to Supreme Court for meaning – Judicial Review



II. Turning to the SC for meaning

III. “Dual” sovereignty I (1798-1865)




III. “Dual” sovereignty I (1798-1865)A. “nullification”





1) McCulloch v Maryland, 1819






2) 1832, tariffs - nullification issue resurfaces







3) 1860, slavery – nullification issue resurfaces

The people of the State of South Carolina declared that the frequent violations of the Constitution by the Federal Government, fully justified this State in then withdrawing from the Federal Union; but in deference to the opinions and wishes of the other States, she declined at that time [1832] to exercise this right. Since that time, these violations of the reserved rights of States have continued to increase.

Therefore, we, the People of South Carolina, declare that the Union between this State and the other States of North America, is dissolved, and that the State of South Carolina has resumed her position among the nations of the world, as a separate and independent State; with full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent States may of right do. Adopted December 24, 1860







3) 1860, slavery – nullification issue resurfaces

4) Civil War – “nullification” is dead; dual sovereignty lives

3. The Supreme Court & Dual Sovereignty


I. “Dual” Sovereignty II (1872 -1932)


I. “Dual” Sovereignty II (1872 -1932)• SC would defend states powers on issues


I. “Dual” Sovereignty II (1872 -1932)• SC would defend states powers (Table 3.1) on

issues• 1930s things change




1) Supreme Court expands national power through




1) Supreme Court expands national power througha) Commerce Clause

b) Necessary & Proper Clause



issues• 1930s things change• 1990s – SC begins to reconsider


I. “Dual” Sovereignty II (1872 -1932)A. Commerce Clause & Court Packing



1) 1932, the “New Deal” and growing Fed gov




2) SC rules against FDR & New Deal





3) FDR retaliates, SC submits





3) FDR retaliates, SC submits

4) 1995, SC begins to defend federalism again



II. Commerce Clause & Court Packing

III. “Necessary & Proper”




III. “Necessary & Proper”A. Expands Federal scope at state expense




III. “Necessary & Proper”A. Expands Federal scope at state expense

B. 1990s, SC pushes back





IV. State sovereign immunity – 11th amendment





IV. State sovereign immunity – 11th amendmentA. Restricts feds, protects states

4. Cooperative Federalism


I. “Cooperative” Federalism: 1930s-1960s


I. “Cooperative” Federalism: 1930s-1960sA. vs. dual federalism



B. Spending clause



B. Spending clause1) General vs specific welfare




2) New Deal Supreme Court expands fed power




2) New Deal Supreme Court expands fed powera) “Congress decides what’s ‘general welfare’”




2) New Deal Supreme Court expands fed powera) “Congress decides what’s ‘general welfare’”

b) Congress could attach any “reasonable” regulation



B. Spending clause

C. A Government of Shared Functions



B. Spending clause

C. A Government of Shared Functions1) All levels government DO work together



B. Spending clause


2) All levels SHOULD work together because…



B. Spending clause


2) All levels SHOULD work together because…• It’s democratic!



B. Spending clause


D. 1964 – LBJ’s “Great Society” (like FDRs “New Deal”)



B. Spending clause



1) Intergovernmental grants



B. Spending clause



1) Intergovernmental grants

2) “pork-barrel” or “earmarks”

5. Local Government

5. Local Government

I. Local Government

5. Local Government

I. Local GovernmentA. Services more related to citizens

5. Local Government


B. More stable expenditure (fig 3.4)

5. Local Government


B. More stable expenditure (fig 3.4)

C. History

5. Local Government

I. Local Government

II. Number/Type (figure 3.5) – why?

5. Local Government

I. Local Government


III. Popularity of local government

5. Local Government

I. Local Government


III. Popularity of local governmentA. Citizens can exit local government (“vote with

feet”) – drives down tax base until local changes its ways

5. Local Government

I. Local Government


III. Popularity of local governmentA. Citizens can exit local government (“vote with

feet”) – drives down tax base until local changes its ways

B. Super tax bases can allow some cities to establish programs than others can’t afford economically or politically

5. Local Government

I. Local Government



IV. Limits on local government

5. Local Government

I. Local Government



IV. Limits on local governmentA. Too much assistance overwhelms assistance;

creates “need” (moral hazard)

5. Local Government

I. Local Government



IV. Limits on local governmentA. Too much assistance overwhelms assistance

B. Competition among localities

So where is federalism today?

States or National government?



Republicans and Democrats flip-flop according to issue




On gay marriage, assisted suicide, medical drug use:





Republicans look to federal; democrats look to states






On health care, gun control, and welfare:






On health care, gun control, and welfare:

Republicans look to state, democrats look at federal

federalism

Documents

unitary system

confederate system

antifederalist concerns

federal systemessential

amendfederalist concerns

contextfederalism ratification

federalist concernsevolution

state governments