CHAPTER 3: FEDERALISM

FEDERALISM The division of power between the federal government and state governments We will examine the various levels of government, their individual powers, their shared powers, and the historical and constitutional bases of federalism

3 SYSTEMS OF GOVERNMENT Unitary system Confederal system Federal system

UNITARY SYSTEM Places ultimate governmental authority in the hands of the national government Decisions of the lower levels of government can by overruled by national gov All questions of education, police, use of land, and welfare are decided by national government

CONFEDERAL SYSTEM Opposite of a unitary system League of independent states, each having their own powers The member states have choice to support laws made by the central government

FEDERAL SYSTEM Middle ground between unitary and confederal systems Authority is divided between central government and regional (state) government

WHY FEDERALISM? It retained state traditions and local power while establishing a strong national government capable of handling common problems A compromise between those who had differing opinion on who should hold ultimate power, national government or the states

OTHER ARGUMENTS FOR FEDERALISM Allows many functions to be "farmed out" by the central government to the states Large areas and populations makes it impractical to locate all political authority in one place Brings the government closer to the people

CONSTITUTIONAL BASIS Powers of the national government Powers of then states Prohibited powers

POWERS OF THE NATIONAL GOVERNMENT Enumerated powers--> coining money, naturalization laws, admitting states, declaring war, etc Elastic clause--> provides flexibility to U.S. constitutional system Inherent powers--> national government must be the only government that deals with other nations

POWERS OF THE STATE GOVERNMENTS These powers are not expressly listed, so can be debate as to whether or not it's truly a state power Police power--> authority to legislate for the protection of the health,morals, safety, and welfare of the people Crime, marriage, education

PROHIBITED POWERS The constitution denies many powers to the national government Denied the power to tax goods sold to other countries (exports)

SUPREMACY CLAUSE States cannot use their power to strike down national policies State officers are bound by oath to support the Constitution For instance, the National Guard is a state militia controlled by the governor; The President has the power to assume command at any time Examples would be hurricanes, flooding, earthquakes, and war efforts

VERTICAL CHECKS AND BALANCES Involve relationships between the states and the national government States' interests are represented in the national legislature (Congress), and the citizens of the various states determine who will head the executive branch (the Presidency)

MCCULLOCH V. MARYLAND The U.S. Constitution says nothing about establishing a national bank Congress has charted two banks though, the First and Second banks of the United States

LEGAL QUESTIONS Was it Constitutional for the United States to charter a bank and contribute capital to it? If the bank WAS constitutional, could a state tax it? The Supreme Court needed to decide these questions

CHIEF JUSTICE JOHN MARSHALL Decided it was constitutional for the United States to establish a bank Also ruled that no state could use its taxing power to tax an arm of the national government

GIBBONS VS. OGDEN (1824)

COMMERCE CLAUSE Congress has the power to regulate commerce with foreign nations, and among the states, and with Indian tribes--Article 1, Section 8 This clause would be integral to the case of Gibbons vs. Ogden

CASE BACKGROUND Aaron Ogden worked as a ferry boat captain for a company who was granted a license by the state of New York Thomas Gibbons, who received a license from the U.S. Government (State of New York did not grant permission), decided to compete against him Ogden sued Gibbons, the State of New York ruled against Gibbons, and he appealed to the Supreme Court

QUESTIONS FOR THE COURT How should commerce be defined? Does it include the transport of people? Does the national government's power to regulate interstate commerce extend to commerce within a state (intrastate commerce) or was limited to commerce among the states (interstate commerce)?

MARSHALL'S RULING Marshall considered the transport of people to be commerce Marshall also declared that since Gibbons was authorized by the national government, he could not be blocked by a state This ruling allowed the national government to exercise increasing authority over all areas of economic affairs throughout the country

STATES' RIGHTS Marshall's ruling increased the power of the national government and to reduce the power of the states The North and South became even more sharply divided, mainly over tariffs that benefitted the North and over slavery

CIVIL WAR AND THE GROWTH OF NATIONAL GOVERNMENT Due to the South's desire for increased states' rights, war was soon to begin The unintended effect for the South was that the war actually increased the political power of the national government

CIVIL WAR AMENDMENTS Before the war, the national government did not interfere with slavery in the states 13th admit did more than interfere, it abolished slavery entirely 3/5 was also abolished, African Americans were now counted in full

MORE AMENDMENTS 14th amendment defined who was a citizen of each state Sought to guarantee equal rights under state law 15th Amendment gave African Americans the right to vote in all elections, but it would be a century before that right was enforced in all states

DUAL FEDERALISM Emphasizes a distinction between federal and state government Looks at the nation and state as co-equal and independent powers Neither the state government nor the national government should interfere in the other's sphere

LAYER CAKE FEDERALISM National government is the top layer State government is the bottom layer Layers are physically separate, they do not mix

THINGS ARE "NORMAL" AGAIN Revival of states' rights following the expansion of national authority during the Civil War President Hayes withdrew federal troops from the South ending Reconstruction National Government removed itself from regulate state actions (African Americans continued to suffer)

END OF DUAL FEDERALISM FDR's New Deal energetically intervened in the economy FDR was challenged by the Supreme Court, which clung to idea of dual federalism

COOPERATIVE FEDERALISM Since, 1937, America has operated under a system in which the states and national government cooperate

PICKET-FENCE FEDERALISM Marble cake metaphor falls short because the lines of authority and patterns of cooperation are not as messy as implied by the gooey flow of chocolate through white cake

CATEGORICAL GRANTS Federal grants to states or local governments that are for specific programs or projects Called conditional because they have conditions attached to them Money for Medicaid, highway construction, unemployment, housing assistance, and welfare programs

EXAMPLES OF CATEGORICAL GRANTS Federal government gave money to states for highway construction, but states had to agree to raise drinking age to 21 (80's and 90's) NCLB promised billions of dollars to states, but states had to agree to hold schools accountable based on federal standardized tests

BLOCK GRANTS Financial aid for states to use in a specific area, but the states have some freedom in how they are used Preferred by governors and mayors because it allows them to do what they want

FEDERAL MANDATES Requirements issued by the federal government that states have to follow ADA, Civil Rights Act, Clean Air Act, Patriot Act, etc

"NEW FEDERALISM" Since 1968, devolution of power from the national government to the states has become a major ideological theme for the Republican Party Starting with President Nixon

FEDERALISM TODAY Sometimes hard to tell if federalism still divides the parties Welfare reform in 1996 transferred significant power to the states under Clinton's presidency NCLB transferred power to the federal government in the area of education and was passed under George W. Bush