FEDERALISM A TUG OF WAR?

WHAT IS FEDERALISM? FEDERALISM is two or more governments exercising power and authority over the same people in the same territory OR The DIVISION OF POWERS between a central government and state or local governments The relationship between the central government and the state governments

ORIGINS OF FEDERALISM Constitutional Convention: state patriotism which developed from the colonial experience v. revolutionary American spirit which had tied the states together in the fight for freedom from England The term “federalism” is not found in the Constitution

Justification for Federalism Federalist No. 46 : James Madison asserted that the states and national government “ are in fact but different agents and trustees of the people, constituted with different powers.” Federalist No. 28: Alexander Hamilton suggested that both levels of government would exercise authority to the citizens benefit: “if their {the people} rights are invaded by either, they can make use of the other as the instrument of redress.”

Why Federalism? Alternatives : Unitary? Confederate? What are the advantages and disadvantages of a unitary system? What are the advantages and disadvantages of a confederacy?

What does the Constitution Say? The Supremacy Clause Article VI, Section 2: “This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution orlaws of any state to the contrary notwithstanding.” (LADDER OF LAWS)

What does the Constitution Say? 10th Amendment Added to define the power of the states “The power not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the People.”

Role of the National Government Expressed/enumerated powers -defense -foreign affairs -control of currency -interstate commerce Implied powers Inherent powers Powers denied by the Constitution, or its silence, or the nature of the structure of the federal system

Role of the State Governments Reserved powers Powers denied Expressly denied in the Constitution Denied because of nature of structure of a federal system

Common Roles of National & State Governments Concurrent powers Denied powers

Relations Among States “Full faith and credit” Obligations of states -privileges and immunities -extradition Maintaining cooperation Interstate compacts Lawsuits between States

Theories of Federalism DUAL FEDERALISM: the federal government and the state governments are co-equals; involves clearly enumerated powers for each; federal govt only has powers expressly granted to it, while the states retain all other powers Layer cake federalism Predominant relationship from 1790s to 1930 Relationship best characterized by tension rather than cooperation

Theories of Federalism COOPERATIVE FEDERALISM: national govt is supreme over the states, and should stretch its powers as much as possible; nat’l and state govts share functions and collaborate on major natl priorities “marble cake federalism” 1930-1960

Theories of Federalism Creative federalism: crosses government lines and connects officials working at different levels of government, characterized by crosscutting regulations “picket fence federalism” 1960-1980

Theories of Federalism New Federalism: AKA “on your own federalism;’ characterized by further devolution of power from natl to state government, deregulation, and difficulty of state to fulfill new mandates 1981-present

Theories of Federalism FISCAL FEDERALISM: involves offer of money from natl govt to states in the form of grans to promote national ends such as public welfare, environmental standards, and educational improvements Categorical grants Block grants Revenue sharing (few strings; abolished in 1986)

FISCAL FEDERALISM -Categorical grants : national govt provided money to states for specific purposes and may be spent for only narrowly defined purposes; recipient often required to match federal funds -used often during New Deal era -expansion during Great Society -criticized because of costly implementation procedures

FISCAL FEDERALISM Block grants : combined several categorical grants in broad policy areas into one general grant Began in mid 1960s Preferred by states Congress reluctant

DEVOLUTION The transference of rights, powers, or responsibilities to another, especially from a central government to local authorities Concept holds different meanings for different people Some view it as federal govt abdicating responsibilities Others view it as more freedom and flexibility for state and local govts to deal with issues that affect them

Supreme Court and Federalism McCulloch v. Maryland : Gibbons v. Ogden: Dred Scott v. Sanford Heart of Atlanta Motel v. U.S. U.S. v. Lopez Printz v. U.S. U.S. v Morrison Gonzalez v. Raich

Federalism in the News Today Same-sex marriage Medical marijuana Affordable Health Care Act State Immigration Laws