Unit 2: Federalism Lecture & Discussion 2: Intergovernmental Relations

Objective To trace the evolution of intergovernmental relations in the United States.

Do Now Watch the video and answer the prompts. In your opinion, what should be the minimum drinking age? Why? What level of government should have authority over this matter? Federal or state? Explain. How is this matter an example of federalism? Fiscal federalism?

A. Evolution of Federalism Formative Years (1789-1850) a period that broadened federal power by defining authority of national government Chief Justice John Marshall supported Hamiltonian View of federal power Court decisions defended “national supremacy” (McCulloch v. Maryland, Gibbons v. Ogden)

McCulloch v. Maryland (1819) Facts: Congress chartered Second Bank of U.S. in 1816; State of Maryland imposed a tax on bank in 1818; cashier James McCulloch refused to pay the tax. Question: Does the Constitution give Congress power to establish a bank? Can a state tax the federal government? Conclusion: Yes, Congress has authority to establish bank due to implied powers derived from Elastic Clause; No, state tax unconstitutional due to Supremacy Clause.

Gibbons v. Ogden (1824) Facts: Question: New York law gave individuals the right to operate steamboats on waters within state jurisdiction; Led to friction as states required foreign boats to pay feeds for navigational purposes; Thomas Gibbons who did business between New York and New Jersey under federal coastal license challenged monopoly license granted to Aaron Ogden; Question: Does New York exercise authority in this matter? Conclusion: No, state law invalid by virtue of Commerce Clause.

A. Evolution of Federalism Dual Federalism (1850-1930’s) a period in which lines of political authority more distinct as national government limited in terms of interfering with states’ rights Doctrine of Nullification expanded rights of states to void any federal law that could be deemed unconstitutional (Congressional “Tariff of Abominations” on British textiles benefited producers of cloth in North but shrunk English demand for cotton from South) Layer Cake Federalism

A. Evolution of Federalism Dual Federalism (1850-1930’s) Court’s decision in Dred Scott v. Sandford (1857) enhanced state power by ruling Congress did not have authority to ban slavery in territories Court’s decision in Plessy v. Ferguson(1896) upheld state racial segregation laws under “separate but equal” doctrine

A. Evolution of Federalism Cooperative Federalism (1930’s-1968) a period with blurred distinctions between levels of government leading to increased federal authority in state affairs began with FDR’s New Deal and affected by Lyndon B. Johnson’s Great Society program to combat poverty and discrimination Marble Cake Federalism

A. Evolution of Federalism Cooperative Federalism (1930’s-1968) categorical grants utilized to influence federal power by attaching “strings” to spending which are designed for specific purposes Court’s ruling in Wickard v. Filburn (1942) enhanced the regulatory power of federal government under Commerce Clause

A. Evolution of Federalism New Federalism (1968-2000) a period characterized by a commitment to restore power to the states Reagan ushered in Devolution Revolution to slow the growth of federal government

A. Evolution of Federalism New Federalism (1968-2000) Block grants and revenue sharing provided states more choice in spending Court decisions restore state sovereignty; U.S. v. Lopez (1995), Printz v. US (1997), U.S. v. Morrison (2000),

A. Evolution of Federalism Federalism in Recent Times federal government is claiming more authority through increased mandates (Americans with Disabilities Act, 1990; No Child Left Behind Act, 2001; Affordable Care Act, 2010) Progressive Federalism: push to allow states greater control over issues normally considered national in scope (CA imposing stricter regulation on emission of greenhouse gases in vehicles)

B. Federalism: Good or Bad? Pros checks the growth of tyranny by separating and dividing power allows unity without uniformity keeps government close to people and encourages experimentation among states

B. Federalism: Good or Bad? Cons allows states to upset national plans which may prevent progress enables powerful local interests to create unfair situations or unequal opportunities for citizens (racial segregation) encourages wasteful duplication of services