Chapter Three Federalism

87,500 Governments! There are various ways of ordering relations between central governments and smaller units of government, ie: Unitary and Confederal. –Federalism is also one of these ways –Federalism simply means “divided government”

Three Systems of Government Unitary – strong central government; local government only have powers given to them by central government Confederal – strong state governments; central government only has powers given to it by states Federal – power is divided between central government and states; each has their own sphere of influence

Why Federalism? It was a compromise between the large and small states It also allows many functions to be farmed out to the states The size of a country makes federalism practical It allows more direct access to government Works well in the USA where we have many political subcultures: races, wealth, religious, age, sexual preference

The Constitutional Basis for American Federalism “ Federal system ” or division of governmental authority is not mentioned in the Constitution. Instead, the document sets out different types of powers: Enumerated, (and Implied), Concurrent, Reserved, powers of the states and national government are discussed, also (Supremacy) -The Growth of the National Government – McCulloch v. Maryland (1819)—established the implied powers of the national government and the idea of national supremacy (from the necessary and proper clause) (from the supremacy clause) Gibbons v. Ogden (1824) – established that the power to regulate interstate commerce was an exclusive national power (established that commerce was an exclusive national power)

The Shift Back to States ’ Rights in the Jacksonian Era Nullification – the idea that states could declare a national law null and void Secession – the withdrawal of a state from the Union

War and the Growth of the National Government The defeat of the South ended the idea that states could secede from the Union. The defeat of the South also resulted in an expansion of the powers of the national government (the opposite of what the South was fighting for) New government employees were hired to conduct the war effort, and Reconstruction A billion dollar budget was passed A temporary income tax was imposed on citizens Civil liberties were curtailed because of the war effort The national ’ s government ’ s role expanded to include providing pensions to veterans and widows

The Continuing Dispute over the Division of Power The Civil War ended the idea that a state could lawfully leave the Union, but it did not end the discussion over division of power, (federalism), between the national and state governments. This discussion can be viewed as progressing through three stages: 1. Dual Federalism – the national and state governments as equal sovereign powers 2. Cooperative Federalism – the idea that states and the national government should cooperate to solve problems 3. New Federalism – The goal here is to restore to the states some of the powers that have been exercised by the national government since the 1930s.

New Federalism The Idea of “Devolution” limits national government’s power to regulate restores power to state governments allows states to decide how money should be spent uses block grants opposes federal mandates: Requirements in federal legislation that force states and municipalities to comply with certain rules.

The Supreme Court and New Federalism New Federalism has been bolstered by Supreme Court decisions that have limited the national government ’ s power Printz v. United States: (1997) Brady Handgun Violence Prevention Act. Forced state employees to do background checks on purchasers of handguns, thus making state employees agents of the national government. (state sovereignty violated) United States v. Lopez: (1995) Struck down the Gun-Free School Zones Act (possession of guns is not commerce)

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