Consequences of Federalism

Learning Objectives To identify and explain the consequences of federalism - Legal - Political - Economic - Regionalism

Why Federalism? Western expansion - Needed someone to intervene, manage this growth Amendments – 14 th allowed fed govt to end segregation, 16 th –impose tax Population - 4 million to 300, needed a big government to manage Industrialisation - Needed regulation, standardisation, Communication - Improvements brought nation closer, needed regulation, standardisation Great depression - States needed the resources that national government had. New deal central government huge expenditure- increased power of fed government Foreign policy - WW2 and events in wider world gave federal govt wider role S/C cases - interpreted the implied powers of the constitution

The State in American Bedrooms “…crossing a state boundary can involve ‘stepping into another moral universe’. Oral sex for example, was illegal in 15 of the 50 states as late as Adultery remained a crime in 24 of them. Eight states had prohibited the sale, though not the use of ‘martial aids’. Thirty-three states had no statute relating to fornication, but in 17 it was considered a misdemeanour or felony. Incest was a felony in 48 states but only a misdemeanour in Virginia and did not even merit a statute in Rhode Island. Prostitution was only a misdemeanour in most states but the strongest condemnatory language in American sex law was reserved for sodomy, although 23 states had no statutes at all pertaining to the practice. Theoretically the state of Alabama allows sex with donkeys and corpses (no law exists against either bestiality or necrophilia), but punishes oral sex between husbands and wives.” Robert Singh, American Government & Politics p243

Consequences of Federalism Legal Different laws on many things Political, states have different electoral laws, different candidate selection processes, punch cards, touch screen, parties are state based Economic, complex tax system Regionalism, distinct cultures-can block federal policy.

Consequences of Federalism State laws are often of greater significance to citizens since they influence their daily lives. Legal Consequences Political Consequences Economic Consequences Regionalism

Legal Consequences Laws differ greatly between states, especially on age of marriage, driving regulations, death penalty, drugs, and local taxation. E.g. Oregon has doctor assisted suicide.

Political Consequences Each state has different electoral methods. Different candidate selection, different mechanisms for polling, e.g punch cards,/touch screen. Montana had 100% postal ballot. Contributed to issues of 2000 election. Parties are state based. Virginia Republicans are more liberal than South Carolina Republicans, therefore relative lack of party unity in Congress

Economic Consequences Complex tax system as both fed and state govts can raise income tax Property and sales tax differ between states

Regionalism Very distinct cultures in the different regions in the country. E.g. Bible belt very different to New England.

USA Patriot Act 2001 Impinges on Civil Liberties Extensive powers given to FBI Guantanamo Bay detainees without proper trial. Unites and strengthens America Provides appropriate tools required to intercept and obstruct terrorism Consider the Patriot Act 2001 after 9/11. “A range of powers given to law enforcement agencies for the purposes of fighting terrorism.” Is this constitutional?

The USA PATRIOT Act (commonly known as the "Patriot Act") is an Act of the U.S. Congress and signed into law by President George W. Bush on October 26, The title of the Act is a contrived acronym, which stands for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of The Act dramatically reduced restrictions on law enforcement agencies' ability to search telephone, communications, medical, financial, and other records; eased restrictions on foreign intelligence gathering within the United States; expanded the Secretary of the Treasury’s authority to regulate financial transactions, particularly those involving foreign individuals and entities; and broadened the discretion of law enforcement and immigration authorities in detaining and deporting people suspected of terrorism-related acts. The act also expanded the definition of terrorism to include domestic terrorism, thus enlarging the number of activities to which the USA PATRIOT Act’s expanded law enforcement powers could be applied. The Act was passed by wide margins in both houses of Congress and was supported by members of both the Republican and Democratic parties. Many of the act's provisions were to sunset beginning December 31, 2005, approximately 4 years after its passage. In the months preceding the sunset date, supporters of the act pushed to make its sunsetting provisions permanent, while critics sought to revise various sections to enhance civil liberty protections. In July 2005, the U.S. Senate passed a reauthorization bill with substantial changes to several sections of the act, while the House reauthorization bill kept most of the act's original language. The two bills were then reconciled in a conference committee that was criticized by Senators from both the Republican and Democratic parties for ignoring civil liberty concerns. The bill, which removed most of the changes from the Senate version, passed Congress on March 2, 2006, and was signed into law by President George W. Bush on March 9 and 10, 2006.

Questions How did the Patriot Act impact federalism? Do you know of any other examples of either power moving towards the central federal government, or power moving towards the state governments?

How far do you think the Founding Fathers’ concept of a federal state has been upheld? Evidence of move towards centre Evidence of continuing significance of federalism

How far do you think the Founding Fathers’ concept of a federal state has been upheld? Essay Planning What were the FF’s beliefs? Growth of Federal power Stages of federalism Bush /Obama federalism Protected states rights (research Gonzales v Oregon) Liberal/conservatives position Effects of economic domestic/and international crisis

Homework EXAM QUESTION Reading and Note Taking, Chapter 6, p The Creation of the Presidency Powers of the President

EXAM QUESTION

‘Federal government increasingly dominates state governments in the USA.’ Discuss.