Federalism AGPT Ch. 3

Three Systems of Government Unitary Unitary Confederal Confederal Federal Federal

Unitary system A centralized system in which local or subdivisional governments exercise only those powers given to them by the central government A centralized system in which local or subdivisional governments exercise only those powers given to them by the central government Ex. France Ex. France

Confederal System A system of government consisting of a league of independent states, each having essentially sovereign powers. A system of government consisting of a league of independent states, each having essentially sovereign powers. The central government created by such a league has only limited powers over the states. The central government created by such a league has only limited powers over the states. Two examples: US under the Articles of Confederation and the Confederates States during the Civil War Two examples: US under the Articles of Confederation and the Confederates States during the Civil War

Federal System System where the authority is divided, usually by a written constitution, between a central government and regional, or subdivisional, governments System where the authority is divided, usually by a written constitution, between a central government and regional, or subdivisional, governments Within each sphere, each is supreme, in theory Within each sphere, each is supreme, in theory Examples: US, Australia, Canada, Mexico, India, Brazil, Germany Examples: US, Australia, Canada, Mexico, India, Brazil, Germany

Why Federalism in the US? Retained state traditions and local powers while establishing a strong national government capable of handling common problems Retained state traditions and local powers while establishing a strong national government capable of handling common problems Brings government closer to the people Brings government closer to the people Allows political subcultures to flourish, which might be limited under a unitary system Allows political subcultures to flourish, which might be limited under a unitary system

Constitutional Basis for American Federalism Designation not explicit in Constitution Designation not explicit in Constitution Rather, Constitution sets forth powers: Rather, Constitution sets forth powers: 1. Of the national government 2. Of the states 3. And Prohibited powers

Powers of the National Government Enumerated Powers: Those specifically granted to the national government; i.e. Article 1 Sec. 8 clauses enumerate the powers of Congress: Enumerated Powers: Those specifically granted to the national government; i.e. Article 1 Sec. 8 clauses enumerate the powers of Congress: To coin money, regulate interstate commerce, declare war, establish post offices To coin money, regulate interstate commerce, declare war, establish post offices

Powers of the National Government Elastic clause or Necessary and Proper Clause, in Article 1, Section 8, grants Congress the power “to make all laws will shall be necessary and proper for carrying into Execution the foregoing Powers, vested by this Constitution” Elastic clause or Necessary and Proper Clause, in Article 1, Section 8, grants Congress the power “to make all laws will shall be necessary and proper for carrying into Execution the foregoing Powers, vested by this Constitution” Implies powers of Congress and expands scope of national government Implies powers of Congress and expands scope of national government

Powers of the National Government Inherent powers: nation-states have the right to ensure their survival and to seek their best interest in the larger community of nations Inherent powers: nation-states have the right to ensure their survival and to seek their best interest in the larger community of nations Inherent powers applied in making treaties, waging wars, seeking trade, and acquiring territory Inherent powers applied in making treaties, waging wars, seeking trade, and acquiring territory i.e. Louisiana Purchase in 1803 i.e. Louisiana Purchase in 1803

Powers of the State Governments Tenth Amendment states that powers not delegated to the United State by the Constitution, nor prohibited by it to the states, are reserved to the states, or the people. Tenth Amendment states that powers not delegated to the United State by the Constitution, nor prohibited by it to the states, are reserved to the states, or the people. For example, police power: the authority to legislate for the health, morals, safety and welfare of the people. For example, police power: the authority to legislate for the health, morals, safety and welfare of the people.

Concurrent Powers Powers held jointly by the national and state governments Powers held jointly by the national and state governments Most are not specifically stated in the Constitution, but rather are implied Most are not specifically stated in the Constitution, but rather are implied Examples: the power to tax, the power to borrow money, the power to establish courts, and the power to charter banks and corporations Examples: the power to tax, the power to borrow money, the power to establish courts, and the power to charter banks and corporations

Prohibited Powers At the national level, government cannot impose taxes on exports At the national level, government cannot impose taxes on exports At the state level, states cannot enter treaties with other governments At the state level, states cannot enter treaties with other governments

Supremacy Clause The constitutional provision that makes the Constitution and federal laws superior to all conflicting state and local laws. The constitutional provision that makes the Constitution and federal laws superior to all conflicting state and local laws. Article VI, Clause 2 Article VI, Clause 2

Horizontal Federalism Activities, problems, and policies that require state governments to interact with one another Activities, problems, and policies that require state governments to interact with one another Three relevant clauses taken from AoC: Three relevant clauses taken from AoC: 1. Give full faith and credits to every other state’s public acts and records (Art. IV, Sec 1) 2. Extend to each state privileges and immunities of other states’ citizens (Art. IV, Sec. 2) 3. Agree to return persons who are fleeing from justice back to their home state upon request

Defining Constitutional Powers in the Early Years McCullough vs. Maryland (1819): Chief Justice John Marshall and the court ruled Maryland could not tax a national bank, expanded powers of national government applying necessary and proper clause McCullough vs. Maryland (1819): Chief Justice John Marshall and the court ruled Maryland could not tax a national bank, expanded powers of national government applying necessary and proper clause Gibbon vs. Ogden (1824): Marshall handed down decision that the power to regulate interstate commerce was an exclusively national power Gibbon vs. Ogden (1824): Marshall handed down decision that the power to regulate interstate commerce was an exclusively national power

Federalism in US History Shift between emphasis on states’ rights and national rights and ongoing struggle in US history Shift between emphasis on states’ rights and national rights and ongoing struggle in US history Federalists v. Anti-Federalists Federalists v. Anti-Federalists Controversy between North and South during Civil War Controversy between North and South during Civil War Tea Party v. Liberals Tea Party v. Liberals

Dual, or Layer Cake, Federalism A system of government in which the states and the national government each remain supreme within their own spheres. A system of government in which the states and the national government each remain supreme within their own spheres. Doctrine looks on nation and state as coequal sovereign powers. Doctrine looks on nation and state as coequal sovereign powers. Acts of states within their reserved powers are legitimate limitations on the powers of national government. Acts of states within their reserved powers are legitimate limitations on the powers of national government.

Cooperative, or marble cake, Federalism The theory that the states and the national government shall cooperate in solving problems—applies to New Deal era The theory that the states and the national government shall cooperate in solving problems—applies to New Deal era

Picket-fence federalism A model of federalism in which specific programs and policies (depicted as vertical pickets in a picket fence) involve all levels of government—national, state, and local (depicted by the horizontal boards in a picket fence). A model of federalism in which specific programs and policies (depicted as vertical pickets in a picket fence) involve all levels of government—national, state, and local (depicted by the horizontal boards in a picket fence).

Federal Grants-in-Aid Categorical Grants-in-Aid: Federal grants- in-aid to states or local governments that are for very specific programs or projects Categorical Grants-in-Aid: Federal grants- in-aid to states or local governments that are for very specific programs or projects Block Grants: Federal programs that provide funds to state and local governments for general functional areas, such as criminal justice or mental-health programs Block Grants: Federal programs that provide funds to state and local governments for general functional areas, such as criminal justice or mental-health programs

Federalism and the Supreme Court The Court plays a significant role in determining the line between federal and state powers The Court plays a significant role in determining the line between federal and state powers United States v. Lopez (1995) United States v. Lopez (1995) United States v. Morrison (2000) United States v. Morrison (2000) Alden v. Maine (1999) Alden v. Maine (1999) Printz V. United States (1997) Printz V. United States (1997)