Federal Power Federal Power

Federalism Unitary system Confederation Federalism Policy making is SHARED between levels (states as innovators) Policy making can be made separately (social issues) Policies discussed at both (environment & equality) Debates often arises over which level has authority on issue

Original Intent--Constitution Dual Federalism Balanced branches leaning toward Legislative power.

Specifically….

Elastic Clause (A1, S 8)/Necessary & Proper Clause Supremacy Clause (A6) The Constitution, national laws and treaties made by the national government should be held as the supreme law of the United States Tenth Amendment (BoR) All powers not specifically reserved for the national government granted to states Elastic Clause (A1, S 8)/Necessary & Proper Clause Congress has authority to pass any laws necessary to carry out its duties as enumerated in the Constitution Full Faith and Credit Clause (A 4 S1) Each state must formally recognize documents and judgements handed down by courts in other states Extradition (A4 S 2) Privileges and Immunities Clause (A 4 S 2) All citizens treated equally when travel from state to state McCulloch v Maryland Established judicial review and Marshall Court precedent of supremacy of fed

Today…. Dual Federalism Cooperative Federalism Fiscal Federalism Each level of government has distinct responsibilities that do not overlap Cooperative Federalism Shared costs: To receive federal aid, states must pay part of a program Federal guidelines: To receive funding, state programs must follow federal rules and regulations Shared Administration: Though programs must adhere to basic federal guidelines, they are administered according to state’s directives Fiscal Federalism About ¼ states fiscal spending comes from federal aid Money is distributed through categorical grants and block grants

Growth of Federal Power--Justification Commerce Clause Necessary and Proper Clause Supremacy Clause (importance of Marshall Court) General Welfare Clause/s? (Taxation Clause, 1936)—Madison V Hamilton on interpretation US v Lopez…. (changing view of courts?)

Growth of Executive Power— Executive Orders Preemptions Nixon Presidency often seen as peak of presidential power? Growth of Executive Power—

Why? Strong personalities can have a great impact Growing complexity of society: With highly industrial and technological society, people have demanded federal government play larger role in areas of public concern. Congressional delegation of authority to executive branch—letting executive agencies “fill in the holes” Since WWII, IS in virtual non-stop crisis situation Cold War and then 9-11 as source of Pres power and crisis

Justification Preemptions—Congress Delegating to agencies to “fill in” blanks on policy… Does Title IX cover gender? What powers does the EPA to set fuel efficiency standards? National Emergencies Wilson 1917 FDR 1933—no limit on time or power Act of 1976—set procedures for potential Congressional oversight Patriot Act post 9/11

2019 Border Security Emergency https://www.youtube.com/watch?v=c23AosrbPAY Trump’s statement https://www.youtube.com/watch?v=lPe2zQnqSGk Pelosi’s statement https://www.youtube.com/watch?v=21q-ZSMzXwY House proceedings and vote