Chapter 3 Federalism Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2003 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.

Federalism: National and State Sovereignty 3-2 Federalism: National and State Sovereignty Sovereignty: Ultimate governing authority Can be divided between different levels of governments.

Federalism: National and State Sovereignty 3-3 Federalism: National and State Sovereignty Federalism Based on Figure 3-1, page 72.

Federalism: National and State Sovereignty 3-4 Federalism: National and State Sovereignty Confederacy Based on Figure 3-1, page 72.

Federalism: National and State Sovereignty 3-5 Federalism: National and State Sovereignty Unitary System Based on Figure 3-1, page 72.

Federalism: National and State Sovereignty 3-6 Federalism: National and State Sovereignty The Argument for Federalism Protecting Liberty Moderating the Power of Government Strengthening the Union

Federalism in Historical Perspective 3-8 Federalism in Historical Perspective An Indestructible Union (1789-1865) The Nationalist View: Early Federalism (1800-1832) Marbury v. Madison (1803) Judicial Review McCulloch v. Maryland (1819) Can the US government create a National bank? Can a state tax the federal Government?

Federalism: National and State Sovereignty 3-7 Federalism: National and State Sovereignty The Powers of the Nation Enumerated Powers (article 1, section 8) Tax, Declare War, Commerce, Post Office, Money Implied Powers The authority to take action that is not written in the constitution but supports actions that are authorized by constitution Elastic Clause (Necessary and Proper Clause) Congress shall make all laws Necessary and Proper to carry out enumerated powers

Federalism: National and State Sovereignty The Powers of the States Reserved Powers or Police Powers 10th Amendment (1791) Powers not delegated by the constitution or prohibited to states, are reserved to the states Education, Health, Police, Safety Concurrent Powers Powers shared federal & state government Borrow money Courts Taxes

Denials of Power-National Article 1, Section 9 No taxes on exports No Bill of Attainder No ex post facto Laws No suspension of Writ of Habeas Corpus No Title of Nobility Cannot change state boundaries Cannot violate Bill of Rights Permit Slavery Deny citizens right to vote

Denial of Power-State Article 1, Section 10 No tax import or export Coin Money Enter into treaties Grant Title of Nobility Permit Slavery Deny citizens the right to vote based on race, color, gender Abridge Privileges & immunities of citizens Deny due process or equal protection of the law

Constitutional Federalism Supremacy Clause Article VI of the US Constitution US Constitution, national laws (if constitutional) and treaties (made by national government) supreme over state laws when the national government is acting within its constitutional limits. All state executive, legislative, judicial officials are bound by oath to support US Constitution

States’ Obligations to each other Full Faith & Credit Clause (Article IV, Section 1) Each state must recognize the official documents and civil judgments rendered by the courts in other states. Public acts, records, and civil judicial proceedings of every other state. Driver’s license, Birth Certificates Marriages and Divorces Defense of Marriage Act-Federal Law States can disregard gay marriages, even if they are legal elsewhere in the US.

States’ Obligations Extradition States are required to return a person charged with a crime in another state to that state for trial or imprisonment. A lawbreaker cannot avoid punishment by simply escaping to another state.

States’ Obligations Privileges & Immunities Clause (Article IV, Section 2) Citizens of each state receive all the privileges and immunities of any other state in which they happen to be. Prohibits states from discriminating against citizens of other states.

Federalism in Historical Perspective Dual Federalism (1833-1896) Layer Cake Federalism State and federal remain supreme in own areas The Fourteenth Amendment (1868) and State Discretion Barron v. Mayor of Baltimore (1833) Constitution’s Bill of Rights only limited the national government, not the states Plessy v. Ferguson (1896) Separate but Equal

Federalism Cooperative Federalism (Marble Cake) Federal, State, & Local governments cooperate to achieve common goals. Great Depression FDR’s NEW DEAL 1950s-60s, national government began support public elementary & Secondary education School Districts must comply with federal rules & Regulations for federal assistance. NCLB Act States still retain many areas of authority

Fiscal Federalism Government Revenues & Intergovernmental Relations Categorical Grants Federal grants used for a specific purposes, “categories” of state & local spending with springs attached Non discriminating provisions Examples-Head Start & Medicare Block Grants Federal grants given to states, communities to support broad programs Social Services TANF

Federalism today A New Federalism: Devolution Devolution, Judicial Style Idea that American federalism will be improved by a shift in authority from the federal government to the states & local governments. United States v. Lopez (1995) SC voided a federal law that prohibited the possession of guns within 1000 feet of a school. Federal law violated 10th Amendment