Organizing Government Unitary v. Confederal v. Federal

How is government organized?

Pros and Cons of Each

Simulation – Deal with the following issues in each type of system International Trade Education Taxes Gay Marriage Immigration Refugees National Debt War with North Korea Local governments Driving Rules Build Roads and Hospitals

Dual v. Cooperative Federalism Layer-Cake v. Marble Federalism

Federalism – Where do states get their power? Why is it beneficial? The 10th Amendment – Reserved Powers Unlike Enumerated Powers which are powers given directly to the Federal Government States also receive indirect power through the allocation of federal money – like grants-in-aid

Reserved v. Concurrent v. Enumerated Rights

Notecard Activity With a partner, stand on the correct side for who you think your right belongs to: State Concurrent – Middle Federal

Dual Federalism – Layer-Cake Federalism 1789-1930 History: Favored states’ rights There was a narrow view of the powers the fed held Nullification Fed should only have enumerated powers McCulloch v. Maryland – further defines necessary and proper clause – Congress can create a national bank Dual/Layer-Cake Federalism separates federal, state, and local into clearly delineated powers

Money and Grants under Dual Federalism Land Grants – don’t exist anymore Land to build colleges Land to build roads, canals, and railroads Cash Grants to maintain state militias

Cooperative Federalism – Marble Cake Federalism (1930-1990s) Shift away from states’ rights to the federal government The federal, state, and local governments share powers in a cooperative way. This was due to the expansion of the Commerce Clause and the creation of the Welfare state Commerce Clause = The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” Often used to grant Congress more authority and limit state’s power to regulate Before the New Deal, the Supreme Court interpreted the clause literally and narrowly ruling that the Commerce Clause only permits federal regulation of the buying, selling, and transportation of goods between states, not over the manufacture of goods within states, even if that manufacture was closely related to interstate commerce. Gibbons v. Ogden New Deal laws - including the creation of Social Security – Welfare state upheld by courts, eventually limited again with US v. Lopez US v. Lopez C-SPAN Clip The Court maintained that Congress could constitutionally regulate three things under the Commerce Clause: instrumentalities of commerce, the use or channels of commerce, and activities that substantially affect interstate commerce.

Money and Grants Under Cooperative Federalism 1930-1960s brought about reforms to try and better the country – New Deal Grants-in-Aid and other block and categorical grants Block Grants for things like income security, community development, health services, transportation, Medicaid, drug-abuse, pollution, and crime. Categorical grants – specific, but with conditions-of-aid attached For example: categorical grant to build an airport in a specific city v. a block grant for transportation If states want to get the money, they have to follow the conditions of aid Mandates start to become popular Something that every state has to do and it can be funded or unfunded Some states can get waivers, but most states have to follow the mandate (like ADA)

New Federalism/Devolution (1990s-Present) Federalism is devolving back toward states’ rights. Starts with Reagan’s views. Legacy of the New Deal and FDR still apparent Social Security Welfare After US v Lopez, Courts start limiting Commerce Clause again US v. Morrison (rape not considered to fall under interstate commerce) Affordable Care Act – deemed constitutional, but only for the government’s power to tax, not under the Commerce Clause

Money and Grants Under New Federalism Categorical grants become less popular because it means the federal government has more control Block grants become more popular again For things like community development, employment, etc. Some unfunded mandates are put in place to protect the rights of people Ie: the Americans with Disabilities Act

Notecard Activity Line up with your notecard based on which era of federalism you think your block grant is in

Terms and Court Cases You Need to Know McCulloch v. Maryland Gibbons v. Ogden US v. Lopez US v. Morrison Enumerated Powers Reserved Powers Concurrent Powers Dual/Layer-Cake Federalism Cooperative/Marble-Cake Federalism Block Grants Categorical Grants Grants-in-aid Mandates Commerce Clause Devolution

Wrap-Up What is the current rhetoric in the country today? What do our candidates believe about states’ rights? Do you think the country will continue to devolve away from federal power and toward states’ rights? Why or why not? HW: Review Money in Federalism in Chapter 3