Welcome to the Federalism Review Session!!!

TRACKING THE KATRINA DISASTER

• “Local, state and federal emergency agencies had been planning for years how to respond before and after this kind of emergency. They even had practice drills where every kind of relief issue was reviewed -- food, water, security and health -- and who was responsible for delivering those services was specifically laid out in numerous plans.

But many of those plans fell apart in Katrina's aftermath. Despite warnings of a worst-case scenario, bureaucratic wrangles prevented soldiers from getting to the scene, the plan for emergency communications left police in the dark and helpless, and truckloads of emergency supplies ended up hundreds of miles away. Four days after Katrina hit, it was still unclear who was in charge of the relief effort”

FEDERALISM

• I’ll give $20 to the first person to find the word federalism in the Constitution

• It Is absent but State and National Power clearly defined in Article 1, Section 9 and 10

Central Govt

StatesStates

CitizensCitizens

What is it?

Both are sovereign

WHY IMPORTANT?

• Decentralizes Politics • Decentralizes Our Policies• Protects liberty

Who supported decentralization???

Tom Alex

IF NOT FEDERALISM THEN WHAT?

Unitary Confederacy

STATE OR NATIONAL POWER?

• Declare War• Coin Money• Tax• Regulate commerce w/ foreign

nations and among states

• Conduct elections• Ratify amendments• Regulate Commerce w/in a

state• Take private property for public

purposes, w/ just compensation

• NATIONAL• NATIONAL• BOTH• NATIONAL

• STATE• STATE• STATE

• BOTH

TABLE 3.2 Constitution’s Distribution of Powers

Reserved power or Enumerated power?

V.

Who wins???

10TH AMENDMENT

• Advocates of state’s rights believe this means the national govt has only those powers specifically assigned by the constitution

ESTABLISHING NATIONAL SUPREMACY

1) Implied Powers:• McCulloch v. Maryland

o 2 Questionso Elastic Clauseo J. Marshall

2) Commerce Power:• Gibbons v. Ogden• Limits:

• U.S. v. Lopez• Printz v. United States- Brady Bill

ESTABLISHING NATIONAL SUPREMACY

4) Struggle for Racial Equality -Brown v. Board of Education creates resistance ….leads to federal involvement (Civil Rights Act; Sending in the army)

3) Civil War: -Struggle over not just slavery but between states and national govt-Put and end to Doctrine of Nullification

WHAT WOULD FL DO????

• Jack and Jill got married in Maine and moved to NY for the weather. Are they still married?

• Susie gets her driving license in Texas. Can she get pulled over in NY for not having a NY license?

• Yes, Full Faith and Credit Clause

• No, Full Faith and Credit Clause

WHAT WOULD FL DO????

• John Dillinger is fleeing Indiana after robbing banks and has made it down South to NY. The officials know where he his.

• Return him to Indiana…..

     Extradition

WHAT WOULD FL DO????

• Sam is visiting Morgantown from New York and has to pay 7% sales tax (he’s not to happy since New York does not have this….). Does he have to pay?

• Yes, Privileges and Immunities

Erica teaches in IL from January-May. Then moves to Florida to teach for the rest of the year. Florida has no state income tax. Does she have to pay income tax to Illinois if she is no longer a resident?

ARTICLE IV….

• Federalism ALSO involves relationships among states

• full faith and credit: section 1: requires each state to recognize the official documents and civil judgments rendered by the acts of other states…..Defense of Marriage Act permits states to disregard gay marriages

DUAL V COOPERATIVE

DUAL V COOPERATIVE

• Dual:o Pre national govt

dominanceo Debate over Commerce:

Each remain supreme w/in their own spheres

o Layer Cake Analogy o Powers of National Govt

interpreted narrowly

• Cooperative:o Share responsibilities

for public policy o Marble Cake Analogyo Mingled resp. and

blurred distinctions o Historically starts w/

New Deal, Great Society

o Involve shared costs, federal guidelines, shared administration

VOCABULARY

Referendum- allows voters to reject a measure adopted by the legislature

Recall- citizens of a state remove an elected official from office through a popular vote Where did this happen recently???

intergovernmental lobby- state and local government lobby federal gov. Ex: US Conference of Mayors

VOCABULARY

categorical grant- federal grant designed for a specific purpose

Block grants/revenue sharing- money for a general purpose (community development) easier to adapt to local needs. Why not more successful:

the federal government has increased the “strings attached”

Lacks local support

Devolution- passing federal functions to states.

VOCABULARY

Mandate Condition of Aid Difference between the two? ADA

What is it? Funded or unfunded? What’s “equal access”?

GRANTS-IN-AID

federal money given to the states Why?? Federal gov can give $ without violating

the constitution. Federal government could not spend money on programs not authorized by the constitution.

First type: land grants Why did this grow rapidly in the 20th Century?

16th Amendment Federal government has more money Makes sense for states not to raise taxes

Why should you return your census form???

QUESTIONS???