Federalism

Intergovernmental communications broke down during hurricane Katrina. What could have been done differently? Whose responsibility was it?

Why federalism?

Why Federalism? The fear was tyranny so power was divided between the Federal and State Governments. 1. A federal system allows both national and state governments to derive power from the people (dual federalism) 2. A Unitary system has all local and regional governments deriving power from a strong national government and not the people

Number of U.S. Governments

Local Government Local government’s authority is granted through state governments

National Powers under Constitution Enumerated powers and elastic clause(Article I, section 8) Implied powers come from elastic clause (example: draft) Article 6 of Constitution – Supreme law of the land; “supremacy clause”

State Powers Under the Constitution Article 1 Allows states to determine time, place, and manner of elections for House and Senate representatives Article II Requires that each state appoint electors to vote for president Article IV Privileges and immunities clause Republican form of government Protection against invasion Extradition clause Tenth Amendment States’ powers described here—powers not delegated to the US nor prohibited by it to the states are Reserved for the states or the people Reserve or police powers

Concurrent Powers Concurrent powers Authority possessed by both state and national governments and exercised concurrently (at the same time) Power to tax Right to borrow money Establish courts Make and enforce laws to carry out these powers

Denied Powers States cannot Congress cannot Enter into treaties Cannot pass bills of attainder No expost facto laws Coin money Impair obligation of contracts Cannot enter into compacts with other states without congressional approval Congress cannot Favor one state over another in regulating commerce Cannot pass bills of attainder No expost facto laws Cannot lay duties on items exported from any state (No State Tariffs)

ARTICLE SIX OF THE CONSTITUTION 1. ALL NATIONAL DEBTS WILL BE HONORED 2. SUPREMACY CLAUSE {constitution is supreme law of the land and national laws pre-empt state laws}

Bellringer Copy the question and the correct answer. 1. What general area of policy is generally left up to the states? Foreign policy Military policy Relations among several states Health and welfare Immigration 2. What general area of policy is generally left up to the central government? Health Interstate commerce Education Police Voting requirements

THE KEY 3 COURT CASES 1. Marbury v. Madison (1803) 2. McCulloch v. Maryland (1819) 3. Gibbons v. Ogden (1824) Federalist John Marshall expands the power of the Federal Judiciary and the Federal Government

Marbury v. Madison (1803)

Issues Does Marbury have a right to the commission? Does the law grant Marbury a remedy? Does the Supreme Court have the authority to review acts of Congress and determine whether they are unconstitutional and therefore void? Can Congress expand the scope of the Supreme Court’s original jurisdiction beyond what is specified in Article III of the Constitution? Does the Supreme Court have original jurisdiction to issue writs of mandamus?

Gibbons v. Ogden (1824) NY legislature granted Robert Fulton exclusive right to operate steamboats on Hudson River Congress also licensed a ship for those waters Question: What was the scope of Congress’ power under the commerce clause? Ruling: Congress could regulate commercial activity and commerce powers had no limits; NY could not interfere with interstate commerce

Taney Court Dred Scott v. Sandford (1857) Justice Taney

Dred Scott case https://youtu.be/OML9AVR10PQ

Dred Scott case Ruled that blacks were not citizens and therefore could not sue Taney declared the Missouri Compromise unconstitutional Left the issue of slavery in the hands of the state legislatures

Plessy v. Ferguson, 1896 Separate but equal facilities (as maintained by the states) was constitutional

History of Federalism Marshall Court—Dual Federalism (Layer Cake) Taney Court—Dual Federalism Civil War and its aftermath—more dual federalism Setting the Stage for Change in Federalism (16th and 17th amendments) Increasing power of federal government

AMENDMENTS ADD TO FEDERAL GOVERNMENTS POWERS 14TH Amendment. (Due Process) 16th Amendment …….(Tax) 17th Amendment …….(Senators) 24th Amendment…….(No Poll Tax)

FDR EXPANDS POWER OF FEDERAL GOVERNMENT (Cooperative Federalism) 1. New Deal 2. Cooperative Federalism ($ changes everything…layer cake to marble cake)

https://youtu.be/Deue0fLd1V4

FDR Roosevelt’s New Deal Program increased federal $ to states through public works programs

LBJ AND THE GREAT SOCIETY (Creative Federalism) War on Poverty Federal aid to local government Grants on what states wanted began to decline, while grants based on what national gov’t wanted increased States losing power to the Federal Government

Categorical Grants—ones for which Congress appropriates funds for specific purposes Allocate federal dollars by a precise formula and are subject to detailed conditions States must contribute money to match federal funds

Examples of Categorical Grants Head Start Food stamps Medicaid Title I Perkins Loans Highways States often give up what they want so they can have access to the $$$

Ronald Reagan New Federalism: Reduce Federal Government by increasing power of state governments. Block grants give money to states with few strings attached in hopes of decreasing federal bureaucracy

New Federalism was popular with governors…Why?

Block grants were consolidated to form more programs (Welfare system was revamped) TANF (Temporary Assistance to Needy Families): returned power to states; became halmark of devolution revolution

New Federalism: Returning Power to the States The Devolution Revolution (Ronald Reagan) Contract with America (Newt Gingrich)—scale back size of Federal Govt Unfunded Mandates National laws that require state compliance but contain no federal funding to help pay the cost Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Welfare Reform)

In 1996, TANF replaced the existing federal _________ program. gender equality labor education environmental welfare

In 1996, TANF replaced the existing federal _________ program. gender equality labor education environmental welfare 46

Programmatic Requests/earmarks “Pork” problems The No Child Left Behind Act of 2001 Patient Protection and Affordable Care Act of 2010 (“Obama care”) Photo Caption. How does a president’s view of government affect public policy? Here, the cartoonist uses satire to illustrate contrasting views on the roles of the federal government. Although overstated, this comparison between Presidents Ronald Reagan and Barack Obama shows how their views of federalism are reflected in their policy agendas.

KEY TERMS TO KNOW Categorical Grants: $ from congress for a specific purpose Block Grants: $ from congress and states have wide discretion as to how to spend it Unfunded Mandate: national law passed and enforced but no money comes with it (think NCLB or Disability Laws) Preemption: federal government overrides state interest or action Sovereign Immunity: state cannot be sued unless it gives its permission

Rehnquist Court 1980s Chief Justice William Rehnquist Court agreed with Republican states’ rights views US v Lopez (1995) ruled that the federal government could not create gun free zones at schools (state it was a state matter)

Roberts Court Appointed by George W. Bush Appears to side with the Federal Government, but more specifically individual liberties