Federalism CHAPTER 4 FEDERALISM

Federalism Section 1 at a Glance Dividing Government Power After much debate, the Framers designed a federal system that they hoped would strengthen the national government and protect states’ rights. The Constitution divides power between two levels of government: national and state governments. The Constitution delegates certain powers to the national government.

Federalism Section 1 at a Glance (cont’d.) Dividing Government Power (cont’d.) The powers granted to state governments are called reserved powers. Concurrent powers may be exercised by the national and state governments. States must give full faith and credit to the laws of other states.

Federalism American federalism was invented in Philadelphia in When delegates to the Constitutional Convention met to consider strengthening the national government, federalism was an obvious choice. Why Federalism? New nation struggled to function as confederation Without power to raise funds, national government not strong enough to deliver stability or economic unity Unitary rule—all power held by strong central authority—out of the question Founders suspicious of powerful central government, like British monarchy Framers sought to forge republic Relied on philosophers who advocated self-rule and limited government— Hobbes, Rousseau, Smith

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Federalism The Constitution outlined a federal system that would provide strong national government and protect states’ rights. In the U.S. federal system, some powers belong to the national government, others are reserved for the states, and still others are shared by both. Expressed powers: powers granted to national government by Constitution Article I, Section 8: expressed powers of legislative branch—power to issue money, collect taxes, pay debts, regulate trade, declare war, raise and maintain armed forces Expressed Powers National Powers

Federalism Inherent Powers Inherent powers: historically recognized as naturally belonging to all governments that conduct business of sovereign nation U.S. government has inherent powers simply because it is a national government Implied Powers Implied powers: not specifically listed but logical extensions of expressed powers Article I, Section 8:necessary and proper clause

Federalism Reserved powers belong to states because they are not delegated to national government, nor prohibited from states Regulate health, public safety, morability to regulate marriage, form local governments, control public als, general welfare of state citizens Other reserved state powers: school systems, establish and enforce laws Power to regulate businesses operating within borders, issue licenses to doctors, lawyers, barbers, hairdressers

Federalism

Federalism In addition to their reserved powers, states may also share powers with the national government. If the Constitution does not specifically state that a power belongs exclusively to the national government, then the states may exercise that power, too. Shared Powers Power to collect taxes is a concurrent power: power held by national government, state governments at same time Both levels of government can establish courts, make and enforce laws, build roads, provide education, borrow and spend money Article VI supremacy clause: national laws and treaties form the “supreme law of the land”

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Federalism Limits on State Governments Article I, Section 10: denies specific powers to state governments—to coin money and to tax imports and exports from other states States may not have own armies, engage in wars, enter into treaties Limits on National Government Article I, Section 9: government cannot deny right to trial by jury, grant titles of nobility, tax exports between states May not exercise powers reserved to states or limit basic freedoms The Limits of Power

Federalism Nation and State Relations National government can admit new states, but it cannot split up states that already exist, or change state boundaries in any way.

Federalism Article IV: full faith and credit clause –Requires states give “full faith and credit” to public acts, official records, judicial proceedings of every other state –Contract signed in one state honored by officials in another state Article IV, Section 2: privileges and immunities clause –Citizens of each state receive all “privileges and immunities” of any state Relations between the States

Federalism Section 2 at a Glance American Federalism: Conflict and Change Federalism has changed over time to meet new political needs. Before the Civil War, American federalism was guided by the principle of dual federalism, or the idea that the national and state governments were equal in authority.

Federalism Crisis at Fort Sumter

Federalism Gave Supreme Court power to resolve conflicts between nation and states Article III gives judicial branch authority to hear cases involving Constitution, U.S. laws, disputes between states Article VI includes supremacy clause: Constitution, national laws, treaties made by national government “supreme law of the land” Role of the Supreme Court

Federalism The first era of American federalism, dual federalism, lasted from about 1789 to the 1930s. Dual Federalism- Both state and national government were equal authorities operating within their own spheres of influence, as defined by a strict reading of the Constitution. Dual Federalism ½ credit late

Federalism The Marshall Court 1819, McCulloch v. Maryland: bank dispute reached Supreme Court Court ruled in favor of nation’s authority to start bank Chief Justice John Marshall argued charter justified by Constitution’s necessary and proper clause Bank would help nation properly execute powers to regulate commerce and currency Dual Federalism (cont’d.)

Federalism “A House Divided” U.S. became bitterly divided over issue of slavery Debate wrapped up in arguments about states’ rights and national power Dual Federalism (cont’d.)

Federalism “A House Divided” (cont’d.) Doctrine of nullification: some southern politicians believed states had right to nullify national laws that contradicted or clashed with state interests Doctrine of secession: idea that states had right to separate from Union 1860: Issue of sovereignty came to a head after election of Abraham Lincoln

Federalism After the Civil War 1865: Confederacy surrendered; Union restored Defeat of Confederacy settled matter of slavery War firmly established national supremacy 13th, 14th, 15th Amendments (Reconstruction Amendments) passed Abolished slavery, defined citizenship, prohibited states from denying citizens’ rights, extended voting rights to African American men

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Federalism The Civil War reinforced the supremacy of the national government over the states. In the years following the war, new challenges continued to shift the balance of power in favor of the national government. Expanding National Power

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Federalism National and state governments worked together to meet crisis Federalism under New Deal known as cooperative federalism 1933: President Franklin D. Roosevelt introduced New Deal Some assisted unemployed, elderly Others provided jobs The New Deal

Federalism 1960s: President Lyndon Johnson. 1965: Medicaid provides free health care for poor If national government determines states not fully cooperating, funding withheld Threat of losing money powerful tool. The Great Society

Federalism 1980s: President Ronald Reagan supported returning power to the states The Reagan Years 1994 elections: Contract with America—Republican campaign promise to achieve specific goals Central idea: devolution—returning power to states The Devolution Revolution New Federalism

Federalism Section 3 at a Glance Federalism Today Fiscal federalism is a system in which the national government uses grants and mandates to influence state policy to achieve national ends. Grants-in-aid from the national government to the states have increased the influence of the national government. Today American federalism continues to evolve in the face of new issues.

Federalism Fiscal federalism: power of federal government to influence state policies within context of spending, taxing, and providing aid in federal system Roots in Confederation 20th century: power of national government expanded with increased use of grants-in-aid Latest Trend Fiscal Federalism

Federalism Categorical Grants Most federal aid is distributed to states in form of categorical grants Can only use for specific purpose, such as building new airport, crime-fighting in certain areas Block Grants Block grants: federal grants given for more general purposes, broad policy areas Welfare, public health, community development, education States prefer block grants; designed to allow state to spend money as it sees fit Grants and Mandates

Federalism Grants and Mandates (cont’d.) Federal mandates: demands on states to carry out certain policies as a condition of receiving grant money Particularly important in enacting civil rights and environmental policies School busing, desegregation, affirmative action—results of federal mandates

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Federalism Laboratories of Democracy From health care to taxes and education, the states have a high degree of control over policy areas that affect the daily lives of their citizens. In American federalism, the states are often testing grounds for new approaches to meeting the needs of the people. Over time, many state policies have influenced national policy. We the People: The Citizen and the Constitution