Unit 1 – foundations of government Ch. 3 - federalism Unit 1 – foundations of government

1. What is federalism? Dividing government into different levels (national, state, & local) where political power is shared among them

Then… Anti-Federalists feared that the Constitution would create an all- powerful national government that would sacrifice liberty & states’ rights

now… The national government’s powers have increased over the years (social welfare, education, health care, minimum wage, a large standing army, & an activist federal court system) Kelo v. City of New London (2005)

Laws that fall under federal government jurisdiction… Laws to protect the environment Laws dealing w/nuclear waste Laws expanding low-income housing Laws guaranteeing abortion Laws providing special services for the handicapped Laws strengthening public school graduation standards (Common Core)

Laws that fall under state government jurisdiction… Laws that create/maintain speed limits Laws dealing w/purchasing alcohol/liquor Laws describing how much $ is spent on schools Laws detailing whether all or most children have health insurance coverage Laws penalizing drug sales Laws detailing funding for religious schools

The goal of our founding fathers Create a federal system of government whereby personal liberties would be protected/upheld

The goal of our founding fathers (Continued) This federal system would prevent any one level to wield supreme power over the others Federalist #28 (Hamilton) – people could shift their support between the 2 levels as needed to keep them in balance

The goal of our founding fathers (Continued) This federal system was an entirely new plan that had never been tried before The Constitution doesn’t even mention state powers specifically (10th Amendment)

Elastic language It would’ve taken years to draft the Constitution if we used ‘exact language’ it also wouldn’t be practical because circumstances would change & society would evolve making specifically worded clauses obsolete &/or irrelevant

Differing views on Federalism Hamilton – believed that the national gov’t. should be the superior & leading force in political affairs whose powers should be broadly defined & liberally construed

Differing views on Federalism Jefferson – believed that the state governments should be the superior & leading force in political affairs with national gov’t. powers strictly defined & construed along with an emphasis placed on protecting individual liberties

Debating the meaning of Federalism (The Supreme Court) Nullification(1798) – the doctrine that a state could declare null and void a federal law that, in the state’s opinion, violates the Constitution

Ch. 3 – The supreme court & federalism in-class activity #1 For each case on the next 2 slides, describe the background, ruling, & impact in 1 to 2 sentences for each(20pts.)

Debating the meaning of Federalism (The Supreme Court) National Government Sovereignty – The Supreme Court has ruled over the years to strengthen the power of the national government McCulloch v. Maryland (1819) – describe the background, ruling, & impact Gibbons v. Ogden (1824) - describe the background, ruling, & impact Wabash, St. Louis & Pacific Railroad v. Illinois (1886) - describe the background, ruling, & impact

Debating the meaning of Federalism (The Supreme Court) State Sovereignty – The Supreme Court has ruled over the years to strengthen states’ rights U.S. v. Lopez (1995) - describe the background, ruling, & impact U.S. v. Morrison (1995) - describe the background, ruling, & impact Printz v. U.S. (1997) - describe the background, ruling, & impact Alden v. Maine (1999) - describe the background, ruling, & impact Federal Maritime Commission v. South Carolina Ports Authority (2002) - describe the background, ruling, & impact

Comparing our federal system to other types of governments Our system (like those in Canada, Australia, India, Germany, & Switzerland) allows it’s state/local units to exist independent from the national government In a unitary system (such as G.B. & France), the local units are simply offshoots of the centralized national gov’t. & can even be altered or abolished

Political impact of federalism There is increased political activity among the populace when there is a federal system (why?) The more levels – the more elected officials to vote for & the more people feel they can impact political processes

Impact of state governments to direct democracy State constitutions are allowing for more direct democracy among their citizens through… Initiative – voters can put legislation on the ballot Referendum – voters can reject legislation on ballot Recall – voters can remove an elected official through the ballot

Federal/state relations Grant-in-aid - $ given to the states from the national government The $ was there (thanks to tariffs & the personal income tax) The federal gov’t. could print more $ at will It’s politically advantageous to receive $ from the Federal gov’t.

Federal/state relations Categorical Grant - $ given to the states from the national government for specific purposes Example - $ to build an airport, a college dorm Problems w/Categorical Grants – not enough revenue; too many strings (Conditions of Aid/Mandates); difficult to get political support

Federal/state relations Devolution – Pres. Reagan (1981) tried to consolidate scores of categorical grants into 6 large block grants in an effort to cut federal spending & reduce the size of our national government so we could solve the growing debt problem