federalism is… a system of government in which political authority is divided between a national...
TRANSCRIPT
Federalism is…
A system of government in which political authority is divided between a national (or federal) government, and its political subdivisions (such as states).
Federalism is…a system where national and state governments each have defined powers, with some being shared by both and some being denied to both.
Governments in the U.S.
National and State Powers
National Powers State Powers
Concurrent Powers
National and State Powers Directions: Place each power in the correct area of the Venn diagram.
A. Coin moneyB. Borrow moneyC. Establish and maintain courtsD. Levy and collect taxesE. Regulate trade and business F. within a stateG. Issue driver’s licensesH. Draft people into the armed forcesI. Register votersJ. Define crimes and set punishmentsK. Issue marriage licensesL. Declare and conduct warM. Control immigrationN. Grant divorces
O. Conduct electionsP. Regulate alcoholic beveragesQ. Pass license requirements for
professionals (lawyers, teachers, etc.)R. Establish and regulate public schoolsS. Regulate interstate and foreign tradeT. Admit new statesU. Claim private property for public useV. Conduct foreign relationsW. Grant adoptionsX. Ratify amendments to the ConstitutionY. Manage the postal serviceZ. Restrict prostitution
Distribution of Power
The Roots of the Federal System
Under the Articles, U.S. was a confederation
Did not want a unitary system like Great Britain
Chose a federal system instead
National and state governments share power—
they both derive their powers from the people
National Powers
Enumerated powers set out in Article 1, Section 8
Includes coining money, providing army, creating courts
Necessary and proper clause is basis of implied powers
Article VI includes the supremacy clause
Federalism & the Constitution
The Federal Government has
expressed powers specifically granted in the Constitution (tax, regulate commerce,
declare war, etc.)
The Federal Government has
implied powers from the necessary & proper
clause or “elastic clause” (ex: create a
national bank)The 10th Amendment
reserves powers to the states (ex: education, law enforcement, etc.)
The U.S. Constitution is the supreme law
of the land (Supremacy Clause)
State Powers
Tenth Amendment deals with powers not enumerated
Reserves rights for states or the people
Includes regulation for health, safety, and morals
Other powers are concurrent, or shared
Other powers are expressly denied
Relations Among the States
States must give full faith and credit to other states
Privileges and immunities clause guarantees equality
States are required to extradite criminals
States work together through interstate compacts
If someone gets married in NY and then moves to VA are they still married? Explain.
The Marshall Court
Helps to define balance of state-federal power
McCulloch v. Maryland (1819)
Concerns states’ power to tax the national government
Gibbons v. Ogden (1824)
Concerns Congress’ power to regulate commerce
Defined by two separate governments—both sovereign and co-equal.
Narrow interpretation of the Constitution
Each level of government has its own sphere of responsibility
State have greater role and powers (ex: public education, race relations)
Federal government only has jurisdiction if clear expressed in the Constitution (ex: coin money, foreign affairs)
Characterized as layer-cake federalism.
Dred Scott ruled that Congress cannot regulate slavery
Federal government grows and changes after Civil War
Sixteenth and Seventeenth Amendments set stage.
Dual Federalism, 1800-1932
What does dual federalism have in common with a layer cake?
Cooperative Federalism, 1932-80
Cooperative federalism defined by collaboration
National government clearly supreme over the states with wide interpretation of the “necessary and proper clause” and “supremacy clause”
Characterized as marble-cake federalism
Result of New Deal recovery efforts, 1930s
Also seen in Great Society programs, 1960s
Through the use of categorical grants, the federal government intervenes or assists in some areas traditionally left to the states (ex: education, health care, civil rights) Welfare of citizens! (TVA, CCC, WPA, etc.) Clean Air Act Individuals with Disabilities Act Brown v. Board of Education
What does cooperative federalism have in common with a marble cake?
New Federalism, 1980-2001 New Federalism defined by return to state power, known as “Devolution
Revolution”
President Ronald Reagan was a pioneer; also seen in 1990s Republican Revolution
Perhaps a return to dual federal system?
Use of less restrictive block grants
Passage of law attempting to end unfunded mandates
US v. Lopez, Printz v. US, US v. Morrison
all decided by Rehnquist court in favor of state power
President George W. Bush departs from this trend
Prompted by 9/11 and the use of preemption
Supreme Court and Federalism
Court has played significant role in defining
federalism
Idea of “new judicial federalism.”
Issue areas such as sovereign immunity and
abortion
Rehnquist Court initially seemed pro-states
Uncertainty exists about direction of Roberts
Court—more recent decisions are mixed
Supreme Court and Federalism
Access to Abortion
The Challenges of Modern Federalism
New York, September 2001
New Orleans, August 2005
Post 9/11 Federalism
Increasing power of the national government— a departure from New Federalism?
– No Child Left Behind--took power from states to determine educational policy
– Patriot Act--took freedoms away from individuals to protect against future terrorist attacks
– Creation of the Department of Homeland Security--umbrella agency meant to create more centralized control
“Another Perfect Storm”
Total Preemption• In laws contradicting
what states have already legislated, the national government exercises total preemption
• A national moratorium on taxing internet commerce would totally preempt many laws that already exist in particular states
Partial Preemption
• The national government sets the requirements but makes states deal with the fine points
• No Child Left Behind—each state creates its own test
• Clean Air Act—each state figures out how to enforce the standards
• A huge source of so-called unfunded mandates
Unfunded Mandate Reform Act of 1995
• Part of the Republican Revolution
• If the national government requires states to do something, they have to provide the $$$
• Has been largely ignored
• States have said that NCLB is an unfunded mandate; some have filed suit