Federalism

Federalism is the division of power between the federal/national and the state/local government.

Federal Power Delegated/ expressed/ enumerated powers: Declare war Coin Money Raise & maintain a military( armed forces) Regulate interstate/ foreign trade Foreign relations New states

Implied Powers Ex: draft, raise an army & navy Ex: minimum wage, regulate commerce Ex: Federal Reserve System, borrow money Ex: punish tax evaders, collect taxes Ex: prohibit mail fraud, establish post office (Necessary & Proper clause- Article 1 section 8 aka elastic clause) Don’t write

Inherent Powers Examples Control immigration Establish diplomatic relations New territories Defend gov

Shared Powers Concurrent Powers examples Tax Both tax your income Transportation Crimes & courts Enforce laws Spend for general welfare

States Powers Reserved Powers: Education Marriage/ divorce Driving licenses Elections Regulate intrastate commerce Local government systems Protect the public’s health and welfare

Interstate Relations Full faith and credit clause: States have to recognize legal documents from other states Driver’s license, marriage license

Privileges and Immunities clause: Residency requirements must be fair Out of state tuition Non-residents of NV pay extra $14,000 a year for tuition at UNLV Extradition: states must return fugitives from the law

McCullough v. Maryland (1813) Determined that the Elastic Clause (necessary & proper) of the Constitution allows for Congress to stretch its powers beyond what is written in the Constitution. (aka loose constructionist)

Where it gets tricky… What if a state wants to pass a law that goes against a federal law? NV passes a law that allows for use recreational marijuana Or what if the federal gov wants to pass a law in an area that has historically belonged to the states? Congress sets standards in education through Common Core

Supremacy Clause Constitution supreme law of the land

Federalism Today

Gibbons v. Ogden (1824) Ferry between New Jersey & New York Gibbons received a license from the federal gov Ogden received one from NY Who gets it? Constitution gives Congress the power over interstate commerce (trade between states) thus Gibbons wins!

Dual Federalism Aka layer cake Separate powers for state and national governments Allows states to make many of their own decisions without federal interference

Examples of Dual Federalism Allows businesses to create monopolies, low wages, etc. Plessy v. Ferguson (1896) Plessy: 1/8 black, sits in white compartment of a train, arrested, convicted States could allow for “separate but equal” facilities

National Government Fights Back! FDR & his New Deal begin to challenge states’ rights by creating new federal laws such FDIC (bank insurance) Cooperative Federalism: Federal & state governments work together (who has the power when is not always clear) AKA marble cake

Heart of Atlanta Motel v. U.S. (1964) If you own your own business can you refuse the right to serve any one you want? An owner of hotel in Georgia says YES! The federal government passed a law that says – businesses cannot discriminate Who’s right?

And the winner is… Congress: Commerce clause: Congress can make rules affecting any kind of commerce between 2 or more states If you know hotels in Georgia will refuse to serve you, you will not go, and your money will stay home thus affecting the economy of Georgia

So, if… Congress can regulate any kind of commerce that crosses state lines, what does that include? What then can Congress NOT regulate? Does this leave Congress with ALL the power?

Let’s see… U.S. v. Lopez (1995)

Significance of Lopez Devolution: power returning to states from federal gov Commerce Clause: cannot encompass everything 10th Amendment: states do reserve some powers Judicial Review: Power of Supreme Court over other 2 branches (checks & balances)

Fiscal Federalism

Fiscal (taxing & spending) Federalism Sharing of federal monies (revenue – money coming in via taxes) with states A way to ensure that states comply with federal laws

Grants-in-Aid Money given to states for the following reasons: Revenue: states need money Minimum National Standards Civil Rights Act of 1964: Antidiscrimination laws (Commerce Clause) Equalize resources b/w rich and poor states Solve national issues w/o federal agencies: let the states do it!

Types of Grants-in-Aid Categorical Grants: Strict guidelines (states like least) Matching funds Ex: School Lunches 2. Block Grants: Less strict, provides only broad guidelines (states like) Ex: Transportation funds Ex: Welfare funds

Revenue Sharing: States receive a % of federal revenue No guidelines – states really liked! Ended in 1987 

Conditions of Aid (Rules Attached) Mandate: states must obey Unfunded Mandate: states must obey but are not given money to comply with order Americans with Disabilities Act (1990): ADA Gideon v. Wainright (1964) Cross-over sanction Surface Transportation Act: highway monies and drinking age (MADD) Cannot enforce this law, only ask states to comply and give them money if they do

Is federalism a good idea? Different ideas from states Splits power Doesn’t give too much power to the nation Factions don’t get control (MADISON!! States have a voice! Unitary Avoids conflicts b/w states & nations States only carry out laws Same laws – not confusing Everyone is treated equally

Answer in complete sentences or write out questions and answer. Summary Answer in complete sentences or write out questions and answer. What’s the difference b/t dual and cooperative federalism? Explain the significance of McCullough v. Maryland. Explain the significance of US v. Lopez Describe the two types of Grants-in- aid