Federalism Unit Two Chapter Three

Today’s Key Questions What is federalism? Why did the United States choose a federal system of government? How does federalism benefit us? How does federalism hurt us?

Defining Federalism What is Federalism? Complex relationship of shared power among the different levels of government Non-federal governments: Unitary governments Confederation

In Groups: Pros and Cons of Federalism? How does dividing power between the federal government and local governments benefit our country? Hurt our country?

Changing Views of Federalism Review the polls and data provided by Pew foundation How have views of federalism changed in recent decades? What might explain these changes?

How does federalism benefit us? A compromise Decentralizes our politics Brings government closer to the people Decentralizes our policies Federal and state governments handle different problems. Drinking ages, marriage, and speed limits.

How does federalism benefit us? States and municipalities function as “political training ground” For future leaders New government initiatives Allows for many political subcultures

Federalism: Pros and Cons

Federalism: Pros and Cons

How does federalism hurt us? Powerful state and local interests can block national plans Factions at state and local levels Perpetuates inequality among states Expansion of national power at expense of the states Can get messy and complicated

The Constitutional Basis of American Federalism Where does the Constitution mention federalism? It doesn’t! So how do we know we have a federal system? The Constitution specifies (or implies) different types of powers that suggest a federal system

The Constitutional Basis of Federalism Powers of the National Government Enumerated Powers Implied Powers; The Necessary and Proper Clause (1, 8) Inherent Powers Supremacy clause (6,2)

The Constitutional Basis of Federalism Powers of the State Governments Tenth Amendment Police power, the authority to legislate for the protection of the health, safety, and welfare of the people. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The Constitutional Basis of Federalism Concurrent Powers Power to Tax Power To Make and Enforce Laws Power To Establish Courts National Government Police (Limited) State

The Constitutional Basis of Federalism Prohibited Powers National government can’t tax exports. State governments can’t conduct foreign policy or coin money. Bill of attainder: Laws declaring acts illegal without a trial Ex post facto laws: Makes acts punishable as a crime even if action was legal at the time

The Constitutional Basis of Federalism Vertical checks and balances Checks on the national government? 10th Amendment States’ interests represented in Congress States’ consent for amendments National programs administered by states Checks on state governments? Clauses (supremacy, elastic, commerce) Fiscal federalism and grants

The Constitutional Basis of Federalism Relations Among the States (Article IV) Full faith and credit clause: Each state must recognize official documents and judgments rendered by other states. DOMA and gay marriage Privileges and Immunities Clause: Visitors to each state receive same rights as citizens In-state tuition? Extradition: States must return accused criminals in another state to that state for punishment.

Changing Federalism Key Question: How and why has federal power increased over the years? Reason #1: Early Supreme Court Decisions that established national supremacy Necessary and Proper Clause McCulloch v. Maryland (1819) The Commerce Clause Gibbons v. Ogden (1824)

Establishing National Supremacy: The Marshall Court McCulloch v. Maryland (1819) Did Congress have the authority to charter a bank? Marshall: YES! Affirmed that the power of Congress is not strictly limited to the expressed powers. Marshall held that Congress has implied powers to carry out the expressed powers (necessary and proper clause)

Establishing National Supremacy: The Marshall Court McCulloch v. Maryland (1819) OK, so Congress can set up a bank. Can a state tax that bank? Marshall: NO! Established doctrine of national supremacy: no state can tax the national government, which is dependent on the people, not the states for its powers (supremacy clause: VI, 2)

Establishing National Supremacy: The Marshall Court Gibbons v. Ogden (1824). Key Question: What is the scope of the government’s authority under the commerce clause? Increased national governments power using an expansive interpretation of the commerce clause (federal government can regulate commerce between/among states, with foreign nations, Indians) This case set the precedent for the national government to regulate a wide range of economic activities, especially from 1930-1995

Today’s Topics How has federalism changed over the years? Dual federalism Cooperative federalism New Federalism How does the federal government use funding to influence states and local governments? Fiscal federalism

Which level is most equipped? Commonly provided public services… Roads and Highways National Defense Health Care Public Housing Education Others? Which level of government is best suited to take primary responsibility for regulating the service? Why?

Federalism Over the Years Dual Federalism (Layer Cake): 1880-1930 Separate spheres of power with equal jurisdictions. Supreme Court often ruled in favor of the states (Dred Scott) 16th and 17th amendments signified a shift towards more federal government power

Federalism Over the Years Cooperative Federalism (Marble Cake): 1930s-1960s Cooperation between the national government and the states to solve problems More shared powers/responsibilities States follow federal guidelines

Federalism Over the Years Picket-fence federalism: New Deal programs typically were funded by the federal government, but administered by states and local governments

Federalism Today: Fiscal Federalism The Grants-in-aid System Categorical Grants: federal grants that must be used for specific purposes Project Grants: based on merit Formula Grants: amount varies based on formulas Block Grants: federal grants given to support broad programs/policies

Intergovernmental Relations Today

Federalism Today: Fiscal Federalism Drawbacks for States “Strings-Attached” Grants No Child Left Behind Mandates Force states or local governments to comply with federal rules under threat of penalties Unfunded mandates Clean Air Act of 1990

Increased Federal Government Spending

Federalism Today: New Federalism Devolution of Power (1970s-1980s) Nixon and Reagan Transfer of power back to states through…. Increase in block grants Deregulation Welfare Reform Act (TANF) of 1996

Federalism and the Supreme Court Today The US Supreme Court plays a significant role in determining the power struggle between the federal government and states

Activity You will be given a federalism-type question/issue and provide two answers: Your personal belief A Constitutional argument

Guns in Public Schools Should the federal government be able to pass a law that bans guns from public schools? United States v. Lopez (1995)

Federalism and the Supreme Court Today United States v. Lopez (1995) Court holds that Congress had exceeded its authority under the commerce clause when it banned the possession of guns within 1000 feet of any school Court: This had nothing to do with commerce! Key point: This was the first time in 60 years that the Supreme Court placed a limit of the federal government’s authority under the commerce clause

Sexual Assault Can the federal government pass a law that allows rape victims to sue their attackers in a federal court? This would be in addition to any state laws that punish rapists… United States v. Morrison (2000)

Federalism and the Supreme Court Today United States v. Morrison (2000) Court holds that Congress had exceeded its authority under the commerce clause when it passed the Violence Against Women Act in 1994 Key point: Congress can only use its commerce clause powers on issues that have a substantial effect on commerce

Handgun Background Checks Can the national government force local sheriffs to check the backgrounds of prospective handgun purchasers? Printz v. United States (1997)

Federalism and the Supreme Court Today Printz v. United States (1997) 10th Amendment issue: Can the national government force state employees to check the backgrounds of prospective handgun purchasers? Supreme Court: NO! The federal government cannot issue directives to force states address particular problems or command state employees to enforce a federal program Brady Handgun Violence Prevention Act of 1993

Medical Marijuana Can the federal government prohibit states from allowing medical marijuana? Gonzales v. Raich (2005)

Federalism and the Supreme Court Today Gonzales v. Raich (2005) Can the federal government prohibit states from allowing medical marijuana? Supreme Court: YES! The federal government’s power to seize and destroy illegal drugs trumped California’s law legalizing marijuana for medical treatment

Physician-assisted Suicide Can the federal government restrict doctors from using drugs to help terminally ill patients commit suicide? Gonzales v. Oregon (2006)

Federalism and the Supreme Court Today Gonzales v. Oregon (2006) Can the federal government restrict doctors from using drugs to help terminally ill patients commit suicide? Supreme Court: NO! Upheld Oregon’s “Death with Dignity Act” that allowed patients to choose to end their lives early

Recap The Supreme Court has made several important rulings that have shaped the balance of power in the American federal system. From the New Deal until the 1980s, the SC generally expanded national power Since the 1980s that trend has reversed, with more pro-states’ rights decisions

Federalism Wrap-up Three factors have increased the federal government’s power under this system: Necessary and Proper Clause Commerce Clause Power to tax (16th amendment) and spend (give money to states) However, we have seen a shift back to state’s rights with recent Supreme Court decisions