Federalism Continued/State and Local Politics

Recap Federalism Separation of Powers Checks and Balances Duties of three branches Threats to separation of powers Origins of federalism

Federalism/Powers Division of power between state and federal courts Established in constitution Enumerated Powers Article 1, section 8 Article 1, section 8 Necessary and Proper Clause Implied Powers Reserve (police powers) 10 th Amendment Concurrent Powers

Relationships Among States Article 1, section 10: States may not enter into compacts with one another without consent of congress Extradition Supreme court final arbiter

The Commerce Clause To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; “Commerce” widely construed Violence against women act U.S. v. Lopez

Denied Powers For both national and state government Bill of attainder Ex post facto law

The Court and Federalism Why the court? McCulloch v. Maryland (1819) National government can establish bank National government can establish bank State governments cannot tax it. State governments cannot tax it. Gibbons v. Ogden Court has broad power to regulate interstate commerce Court has broad power to regulate interstate commerce

Historical Modes of Federalism Dual Federalism Equality among State and National Govt Equality among State and National Govt Dred Scott Case Nat. Government lacks authority to regulate slavery Nat. Government lacks authority to regulate slavery Application of Full faith and Credit Clause? Application of Full faith and Credit Clause?

Cooperative Federalism State and National Governments work together FDR and the New Deal

Creative Federalism LBJ- Great Society Feds Legislate Provide funds States Administer

Devolution Returning Power to states Reagan Contract With America

Grants Categorical Block Grants Unfunded Mandates

States as Laboratories for Democracy Potential Advantage States Can adapt to their own conditions Esp. States can try new things, find what works Welfare Reform

The Dark Side of Federalism Race to the Bottom Taxes Welfare Policy Environmental Policy Court Judgments

Bush v. Gore and Federalism 2000 Election comes down to Florida Majoritarianism States govern elections State Supreme Court- Recount U.S. Supreme Court: stop recount

State And local Governments ~87,000 state and local governments in US Constitution guarantees republican government at state level Local governments derive power from states

Domain Public health and safety Education Welfare policies Compliance with national laws Zoning/land use

State government Often structured like national Governor- Head of State Legislative- bicameral Judicial- applies and interprets laws

Governors Similar to President Veto Power Line item veto Package/general veto Pardon/commute/paroleRecall

State Courts Enforce criminal law Enforce Civil Law Common Law Choosing Judges?

Structure of Local Governments Machine Politics Patronage Progressive Era Civil Service and Merit

Local Governments At large elections District based elections A number of different layouts Mayor aldermanic Mayor aldermanic Mayor/Commissioner Mayor/Commissioner Springfield IL voting rights lawsuit Partisan/non partisan elections

Referenda Closer to direct democracy Citizens vote directly on laws Is this empowering or not?

Revenues States collect income tax, sales tax, etc Locals collect sales tax, property tax Progressive/regressive taxes Balanced budgets Federal Money Funding disparities

Problems with Finance Limited tax base Competition with other states Unfunded Mandates

State and Local Government and Participation Smaller units- more ability to participate Vote is much more influential in smaller districts Easier Contact Ultra Low participation Seen as less important Vote still one of many

For Thursday Chapter 5- Civil Liberties Read Chapter 2 of The Enduring Debate, sections 6, Answer questions: pg. 38 #1&2, pg. 51 #1, pg. 64 #2, 3 Answer questions: pg. 38 #1&2, pg. 51 #1, pg. 64 #2, 3