Federalism FORGING A NATION

LESSON OBJECTIVES: When we finish this lesson you should be able to: Describe federalism in relation to national and state sovereignty Summarize federalism from a historical perspective Critique federalism from a contemporary point of view Discuss the public’s influence on setting the boundaries for the federal and state powers. LESSON OBJECTIVES:

Federalism Affordable Care Act FEDERALISM: POWER IS DIVIDED BETWEEN THE CENTRAL AND REGIONAL GOVERNMENTS AMERICAN FEDERALISM: The division of Constitutional authority between the national government and the states. Affordable Care Act Government needs power equal to it’s responsibilities Division of power between states and nation has been an going political bargain Contemporary views lean toward national supremacy

Federalism National and state sovereignty Patrick Henry posed the question, “Who authorized them to speak the language of ‘We the People,’ instead of ‘We, the states’?” This questions demonstrates the division of the focus of perspectives of federalism. The idea that the national government could not tax states or individuals was problematic. North Carolina and George contributed no money to the treasury for 5 years. There needed to be more authority. The states also needed to preserved. George Mason spoke for most when he said that he would never vote for a constitution that would abolish the states.

Authority v. Sovereignty Sovereignty: supreme governing authority. Answers to no other authority. Framers protected sovereignty for both the states and the national government. Most governments in 1787 were unitary systems: sovereignty is vested in the national government. Unitary governments may have regional or district governments, but they are basically smaller units of the national government. The states also needed to preserved. George Mason spoke for most when he said that he would never vote for a constitution that would abolish the states.

Authority v. Sovereignty Confederacy: a loose alliance between sovereign states. This was the type of government under the Articles of Confederation. This was NOT the type of government during the Civil War (even though it was called a confederacy) FEDERAL SYSTEM: Divides the power between a central government and several regional governments. In the US that is between the national governments and the states. Some powers are separate and some are shared.

FEDERALISM CREATED IN 1787 IN THE US CONSTITUTION Add a footer

The argument for federalism The strongest argument for federalism was to correct the Articles of Confederation National government had no power to tax National government had no power to regulate interstate trades Federalism answered these defects Madison said federalism would not conflict with liberty – argued that people aligned with the states and therefore would have little allegiance to the nation. Madison also said that factions would be diverse in a large republic and would be kept from dominating. Powers of the Nation and states Enumerated powers: (expressed powers) Specifically spelled out Implied powers Powers that are not necessarily states, but those that are reasonably suggested Necessary and Proper Clause Reserved powers: powers not delegated to the national government belong to the states and people Supremacy Clause: Makes the Constitution and laws of the US, Supreme law of the land.

Federalism in Historical Perspective Federalism creates two centers of power -- eras of national government Nationalism – an increase in national authority due to economic growth and political action. An Indestructible Union 1789-1865 – focus was on the union’s survival However, the states disputed national policies that threatened their interests. Nationalist View: The first major dispute resulted in when the Secretary of Treasury Alexander Hamilton created a national bank. Thomas Jefferson who was the Secretary of State opposed the bank, argued that creating a national bank was beyond the powers delegated to the national government. Congress later established a second National Bank. Several states attempted to drive it out of business by levying taxes – Maryland McCulloch v. Maryland 1819 – implied powers under necessary and proper clause Marshall Court allowed for an increase in national power – to develop a nation rather than a collection of states.

Federalism in Historical Perspective States’ Rights View: *Slavery posted an ongoing and growing threat to the union cause *The southern states worried that the scales of power were leaning to the free states and they worried they would lose slavery in the future. *John C. Calhoun stated that the US was based on a compact among the states and argued that the states had the right under the Constitution to nullify a national law. The began a nullification doctrine. *Dred Scott – Scott sued for his freedom under the Missouri Compromise the Supreme Court ruled that since a slave was not a citizen they had no legal right to have their case heard. Invalidated the Missouri Compromise [1860 Abraham Lincoln wins the presidency] Dual Federalism and Laissez-Faire Capitalism 1865-1937 Dual Federalism: was on the idea that precise separation of national and state authority was both possible and desirable. The line between national and state power was protected. Issues arose in the South over African American rights – there was a great deal of confusion over whether or not the national government could and should intervene.

Federalism in Historical Perspective Dual Federalism and Laissez-Faire Capitalism 1865-1937 *14th Amendment: Due process and definition of citizenship *Plessy v. Ferguson (1896) - separate but equal doctrine – did not limit the government from determining the rights to which their residents were entitled. *Judicial protection of Business – businesses were allowed to act without restriction *Commerce clause -- Congress shall have the power “to regulate commerce” among the states states’ regulatory power was limited by the 14th amendment *Hammer v. Dagenhart 1918 –court invalidated a child labor act which regulated work by children to avoid long hours and low pay. The court cited the 10th amendment, stating the states had the reserved power to regulate factory practices/property rights. National authority – Democrats and progressives rallied to seek regulations and labor rights. Hoover argued that the economy would rally out of the depression faster if left alone Roosevelt argued that the economy was a national one and required intervention

Federalism in Historical Perspective Dual Federalism and Laissez-Faire Capitalism 1865-1937 FDR – Implemented: welfare assistance, National Industry Recovery Act Actions were opposed by economic conservatives Schecter Poultry Corp v US 1935 5-4 decision rule NIRA unconstitutional FDR – wanted Congress to allow him to appoint new justices when sitting justices were over the age of 70.5. FDR knew there were justices past that age and he would be able to swing the court in his favor. *Justice Owen Roberts switched to FDR’s side (reason is not known) which gave the president the win on New Deal cases. *1935 National Labor Relations Act – gave employees the right to organize and bargain collectively In later cases the court argued that Congress’s commerce power is as broad as the needs of the nation. Also loosened was Congress’s power to tax and spend. *Court reigned in states rights on segregation with Brown v. Bd of Education

Federalism in Historical Perspective Contemporary Federalism since 1937 Lyndon Johnson’s Great Society – federal power should be used to help the economically disadvantaged. *dealt with social welfare issues, rather than the economy Federal grants to the states for health care, public housing, nutrition, public assistance, urban development, education and other social welfare programs. Cooperative federalism – enables the state and national government to work together to run programs. Federal programs, once established, will see recipients grasp/seek to keep them. Each year more are added, but rarely are they taken away. Fiscal federalism refers to the expenditure of federal funds and programs run at both levels *categorical/block grants

Federalism in Historical Perspective Devolution– the idea that federalism can be strengthened by a partial sift in power from the federal government to the state/local governments. *Spending for New Deal and Great Society programs were supported up to the 1960’s. *After that time support faded. *programs were viewed as too costly and too lax *Recipients were viewed as not needing or deserving benefits *Republican leaders questioned the effectiveness of programs. Reagan supported limiting funding to federal agency activities Republican Revolution: 1994 – Gingrich Speaker of the house *Wanted to remove unfunded mandates *1996 Welfare Reform Act States are considered “laboratories for democracy”

Federalism in Historical Perspective Supreme Court’s Contribution to Devolution *Court rules on US v Lopez 1995 – possessing a gun within 1000 feet of a school; struck down under 10th amendment *Printz v US 1997 – local law enforcement to perform background checks on prospective handgun buyers. –10th amendment (state employees enforcing federal law) NCLB – states rejected the ideas due to the tying of federal funds to the outcomes 9/11 – federal funds to banks and other institutions 2009 – bail out of auto industry Economic stimulus bill Public’s role –public opinion. How it changes. Major changes in federalism follow shifts in public support *Great Depression –departures from past *Great Society – Americans wanted more services from the government *1990’s – spending reforms *2009– Obama –spending stimulus *2010 – Republicans gained 6 Senate seats and 63 House seats.