Federalism

Objectives Define and describe the positives and negatives of federalism Identify the roots of federalism Analyze whether the United States really does have a federalist system and whether or not it was intended Compare and contrast the powers of the central and individual state governments according to the Constitution Describe the evolution of federalism to today

Definition A political system in which power is divided and shared between the national/central government and the states (subnational units) in order to limit the power of government Under this system national policy is the same but state policy can differ Examples?

Death Penalty

Window Tinting

Speed Limit

Fireworks

Specific Examples MA refused to send National Guard troops to Honduras U.S. was at conflict with forces in Nicaragua How did the Supreme Court rule? Is the Nat’l Guard a state or national concern? Under what circumstances?

MA-Ruling Article I, section 8 allows Congress to ‘call forth the Militia to execute the laws of the union” to suppress rebellion and “provides the organization, arming and discipline of the militia.” Article II, section 2 allows the president to ‘call up the militia of several states.’ Court ruling?

General Thoughts-Positives Federalism an attempt by the Framers to: Keep government closer to the people and under control Limiting government Citizens have multiple ways to participate and influence (democracy) Allows states to act as laboratories Wisconsin Welfare reform

General thoughts-negatives Expensive Inefficient This may also be a benefit Cannot burden people with laws Possible intent of the framers Allows lobbyists and citizens multiple access points and influence

Setbacks continued Unfair Theoretical School systems MS, AL, MN Theoretical In practice all power goes toward central government Possibly a decentralized Unitary system p. 72 Grants and federal requests

Other examples of pros and cons of federalism? What are the merits of federalism? Do we actually have federalism? Does this system work as the framers intended? What is the current view of federalism by many people/politicians? Video

Roots of federalism p. 72 Why did the framers create this system? Confederation Federalism Unitary Why did the framers create this system? Prevention of Tyranny Increased participation Testing ground for new policy Article VI-Supremacy Clause Improve state relations “Full Faith…

Roots Continued State and national government Unique officials Each has supreme power in certain areas

I. Powers of National Government A. Enumerated powers Article I, section 8 Specific powers

B. Implied powers Define Necessary and proper clause “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or any Department or Officer thereof".

II. Powers of State Government A. States not given much enumeration Why? Article I, section 4: elections for senators and reps. Article II: electors for president B. Implied Powers 10th Amendment: Reserve Powers “powers not delegated to U.S. by the constitution nor prohibited by it are reserved to the states respectively or to the people.”

III. Concurrent Powers Tax Borrow Money Courts Enforce and make laws

IV. Denied Powers States Central Enter into treaties Coin money Article I Section 9 Section 10 Central Suspend Habeas Corpus Tax state exports Grant titles of nobility Pass bills of attainder or ex post facto laws Taxes in proportion to population States Enter into treaties Coin money Impair contracts Keep troops or ships of war Engage in war

V. Guarantees to the States 2 members of Senate and at least 1 representative Protection from foreign attacks and domestic rebellions

Evolution of Federalism Dual Federalism 16th and 17th amendment Cooperative Federalism FDR Commerce Clause

1. Explain the commerce clause in your own words. 2. How does the commerce clause relate to federalism?

Commerce Clause Definition-1st paragraph States cannot burden interstate commerce How is commerce defined in the constitution? Supreme Court rulings Commerce Clause

Gibbons v. Ogden Hudson River monopoly by New York New York/New Jersey Result: Central government could regulate transportation Gibbons v. Ogden

National Industrial Recovery Act Involved regulations Wages Prices Hours worked Quality of product Unconstitutional Schechter Carter National Industrial Recovery Act

Civil Rights Act Heart of Atlanta Motel v. U.S. Katzenbach v. McClung Interfered with travel Ruling upheld Katzenbach v. McClung Ollie’s Restaurant Local Customers Food between states Civil Rights Act

Violence Against Women Act Morrison v. United States p. 98 Violence Against Women Act

Evolution Continued Grants--discrimination Block Grants—broad Preemption—p88-89 Unfunded mandate LBJ Special Education

Individual Mandate Article What is an individual mandate? How is this issue related to federalism? What are your thoughts on individual mandates?

Objectives Define and describe the positives and negatives of federalism Identify the roots of federalism Analyze whether the United States really does have a federalist system and whether or not it was intended Compare and contrast the powers of the central and individual state governments according to the Constitution Describe the evolution of federalism to today