American Politics and Foreign Policy American Federalism Prof. Jaechun Kim

Distinct Characteristics of American Political System Division of power – territorial and functional divisions  entrenched tradition of “(classical) liberalism”

Why Federalism? – Historical Backdrop * Declaration of Independence – * Article of Confederation – 1781 The US under the Article of Confederation   Confederation of 13 independent states   There was the central government, but the Congress was the only governmental institution. No executive and judicial branches!   No power to levy taxes and to regulate intrastate commerce   Similar to UN?   The US was not a unified country… so to speak… Federalism

Limits of Confederation   This system, effective enough?   Foreign Relations – Defense; Intl Trade   Internal Relations – Intrastate Commerce; Local Dissidents (Shay’s Rebellion); Border dispute between Maryland and Virginia…   We need a stronger central government!!

The Annapolis Convention   Virginia Plan   A two-chamber legislature, elected by the people, with wide-ranging power   A strong executive, chosen by the legislature   A national judiciary, appointed by the legislature   New Jersey Plan   A single-chamber legislature, with one vote for each state and limited powers   A weak executive   A limited national judiciary

Connecticut Compromise The legislative branch would consist of two chamber, the lower based on population and the upper having two members from each state  bicameral system The legislative branch would consist of two chamber, the lower based on population and the upper having two members from each state  bicameral system  Writing of Constitution 1787

Debate as to whether to ratify the Constitution… Federalists vs. Anti-Federalists Anti-federalists and Thomas Jefferson (3 rd president of the US) opposed the Constitution The Constitution is creating a national government that is too powerful and oppressive… * Case of Federalists  Federalist Papers - 85 newspaper articles written by John Jay, James Madison, Alexander Hamilton

Alexander Hamilton first United States Secretary of the Treasury and the Federalists Alexander Hamilton first United States Secretary of the Treasury and the FederalistsUnited States Secretary of the TreasuryUnited States Secretary of the Treasury The new nation would not survive w/o a national government with sufficient power The new nation would not survive w/o a national government with sufficient power Federalist paper 15, 16, 17 Federalist paper 15, 16, 17  It is necessary to create a national government that can act directly upon the citizens of states to regulate the common concerns of the nation  It is necessary to create a national government that can act directly upon the citizens of states to regulate the common concerns of the nation

James Madison (4 th president of the US) and the Federalists James Madison (4 th president of the US) and the Federalists The national government should have enough power to be effective but face restrictions that stop it from becoming tyrannical The national government should have enough power to be effective but face restrictions that stop it from becoming tyrannical These mechanisms are: These mechanisms are: Federalism Federalism Separation of Power; Checks and Balances Separation of Power; Checks and Balances Federalist paper 47, 48, 51 Federalist paper 47, 48, 51

Key to the ratification of constitution and creation of a new, stronger government?   We will have means to limit the new central government… to persuade the skeptics…  System of Checks and Balances (or Separation of Powers) and Federalism.

What is Federalism?   A system of government in which power is divided by a constitution between a central government and regional governments   What is the opposite concept of Federalism?   Unitary system - all the governing power is vested in the central government

Why did the US adopt Federalism? States already existed as former colonies and, for nearly thirteen years, as autonomous units of confederacy. No states wanted to lose their autonomy… The new central government could not rule the entire territory w/o delegating power and authority to the local governments. It was a practical solutions! By creating a second layer of state government, they wanted to limit the power of the central government! – a compromise between unitary system and confederacy… cf. Europe – strong central government!!

Evolution of American Federalism Two Views in Regard to the Federalism : Statists vs. Nationalists (Federalists)   Statists : Federal government was granted with power expressed only in the Constitution. The rights which are not specified in the Constitution are reserved to the states. Constitution is a contract by the states! Thomas Jefferson and John Calhoun.   Nationalists (Federalists) : Constitution was created for the people! Federal government does not speak for the local governments. It speaks for the people. John Marshall, A Lincoln, T & F Roosevelt.

Different Phases of American Federalism * McCulloch v. Maryland (1819) Visit :   State-Centered Federalism ( -- before the Civil War 1861) Before the Civil War, the state governments had upper hands… * American Civil War : We usually think of the Civil War simply as the fight to free the slaves, but also at the heart of the controversy that led to the Civil War was the issue of national government supremacy versus the rights of the separate states : The ultimate defeat of the South (Confederate States of America) in 1865 permanently ended any idea that a state within the Union can successfully claim the right to secede, or withdraw, from the Union

: The Civil War resulted in an increase in the political power of the national government.   Dual Federalism (Civil War – New Deal) : The power of federal and local governments was about equal… : Emphasized a distinction between federal and state spheres of government authority. : Layer Cake!   Cooperative Federalism (1930s and 1940s) : Great Depression and FDR's "New Deal" : States and the national government cooperate in solving complex common problems. : Strengthened the Federal government : Marble Cake! : Marble Cake!

  Creative Federalism or Regulated Federalism (1960s and early 1970s) : Greater expansion of the national government's role in domestic policy. Why? : Civil Rights Movement and Great Society.   New Federalism (Nixon, Reagan, Clinton? Bush) : Efforts to reverse the trend of regulated federalism - give back usurped authority to the states!

Devolution Revolution in 1994, N. Gingrich’s ‘Contract with America’ The nature of A Federalism has changed and the power of Federal Government has increased. But from the comparative perspective, the American central government is a weak government. One of the salient features of President Bush's conservatism is his belief that the states, and not the federal government, should manage large social programs, such as welfare. Mitt Romney is also running on this platform… A Return to Creative Federalism? (Obama) Health care reform bill ( ) Quantitative easing (QE 1, 2) It will depend on who will be the next president of the US… The essay questions! It may appear that the federal gov. predominates in the US. But that might be an exaggeration, for there are 87,900 separate governmental units in the US. See the following Table 3-1.