Federalism  A political system in which power is divided and shared  national/central gov & states/subnational units  limits the power of government.

Founding Fathers Thinking  Created a system between Articles & tyrannical system of Great Britain  Federalism based on sovereignty of the people –Delegate power to central government –Delegate power to state government  Vertical separation of powers - limiting the power of government

Arguments for Federalism  Prevention of tyranny –Shifting allegiance, limiting power  Provision for increased participation in politics  Diverse policies are needed to accommodate a diverse population both economically & socially  The use of the states as testing grounds or laboratories for new policies and programs –welfare

Strengths of Federal System  Strong national government to meet national needs –Currency –Tax –Declare war etc.  Preserves state rights –Marriage –Gun laws –Death penalty –education

 Local action in local concerns –Gambling –Illegal immigrants - Hazelton, AZ  Keeps government close to the people –Local ordinances –State laws  National action in National concerns –Security –Engaging troops/war

 Allows states to act as “ laboratories ” and rate policies that may become federal laws –Suffrage –Welfare –Education  Sometimes state laws become federal laws –Gay marriage?

Weaknesses  Expensive  Inefficient –Too much bureaucracy –Gridlock  Federal blackmail –$ given to states under certain circumstances No Child Left Behind.08 drinking level Drinking age –Categorical Grants - grant in aid, made for specific, closely defined purpose.

 Forcing a state to do something through legislation –Clean Water Act –NCLB  Known as unfunded mandate –States receive no $ to meet the demands –Americans with Disabilities Act  Poor regions are unable or unwilling to provide the same services as wealthy ones –Education –Social services

Roots of the Federal System  National Powers –Enumerated 17 powers granted in A1, S8 Powers exclusive to National Government Figure 3.3, p. 101 in textbook –Coin money, regulate commerce declare and conduct war –Necessary and Proper Clause A1, S8, clause 18 Powers necessary to carry out enumerated powers Increases national power –These powers are known as implied powers

 Supremacy Clause –A6, S2 Solves issues between state and federal governments “ the laws of the United States, and its treaties are to be supreme law of the land ” McCulloch v Maryland (1819) Gibbons v Ogden (1824)

State Powers  Often called State Reserve Powers or Police powers –A1, A2, A4, and 10th Amendment –P. 101, figure 3.3 in textbook Elections, amendments to Cons., estab. local govt.  Privileges & Immunities Clause –Guarantees citizens of each state are afforded the same as citizens of all other states –No unreasonable distinctions –A4, S2

Relations among the States  Framers wanted a united country  Constitution designates the Supreme Court arbiter of state disputes - A3 S2  A4: Full Faith & Credit “...given to each State to the public Acts, Records, and judicial Proceedings of every other State. ”

10th Amendment  States retain powers not enumerated in the Constitution as belonging to the national government, and not denied to the states –US v Lopez: Carrying a weapon within a school zone is a crime punishable by the state, not Federal authority - general police power held only by the states under the 10th amendment

9th & 10th Amendments  Why included in Bill of Rights?  What do these amendments protect?  Issues today not designated by the Framers?

Concurrent Powers  Powers shared by the national and state governments –Taxing power –Borrow $ –Establish court systems  Figure 3.3, page 101

Powers Denied  National Government A1, S9 –Suspend Habeas corpus (rebellion or invasion) –Pass bill of attainder, ex post facto laws –Tax items exported from any state –Give preference to ports of one state over another

Powers Denied  States A1, S10 –Enter into treaties, alliances –Coin money –Pass ex post facto laws –Enter into compacts with other states or foreign powers consent of Congress for interstate Approx 200 in force today –Engage in war

Dual Federalism & Marshall Court  Marshall court increased power of Federal Government –McCulloch v Maryland (1819) –Gibbon v Ogden (1824)  Period of Dual Federalism [ ] –Federal and state governments are co-equals, each sovereign –Narrow interpretation of Constitution –National Gov should not exceed its constitutionally enumerated powers

 Federal government has jurisdiction if clearly expressed in the Constitution –Money –Foreign affairs  Tenth Amendment states all other powers are, and should be, reserved to the states  States have greater role and powers –Public education –Race relations

Strong Emphasis on States Rights  Dred Scott decision –Sued to be free under Missouri Compromise –Only citizens of the US could sue in federal court Scott was property –Then declared Missouri Compromise unconstitutional Declared Congress did not have the authority to bar slavery in the territories Constitution protects private property

Civil War  Changed Federalism back to National strength –National Government grew in size and power –Imposed its will on states through the Civil War Amendments - 13th, 14th, 15th –Supreme Court supported states police power laws Plessy v Ferguson (1898) separate but equal was constitutional Civil rights and voting cases became state matters –Court allowed Federal Gov. more power regarding economy Interstate Commerce Act Sherman Anti-Trust Act

 Stronger National Government –16th Amendment: authorized Congress to enact a national income tax –17th Amendment: made senators directly elected by the people; removed their selection from state legislatures

Jim Crow laws  According to the original Constitution, states could determine voting eligibility  Southern states denied blacks their voting rights for many years  Plessy v Ferguson “ separate but equal ” doctrine supported by Supreme Court

Cooperative Federalism 1933~1980 ’ s  Federal Government intervenes or assists in some areas traditionally left to the states –Education –Healthcare –Civil rights  Began with the New Deal in the 1930 ’ s –Sweeping national programs –Supreme Court eventually confirmed FDR ’ s right to intervene

 Brown v Board of Education 1954 –Supreme Court mandated school intergration  LBJ and the “ Great Society – programs to fight poverty –programs to fight civil rights violations Increased federal spending with strings attached –Picket fence federalism: crosses gov lines Connects officials who work at different levels Intergovernmental relations to address interest of lobbyists and groups inside and outside gov.

 Nixon and 1970 ’ s –Clean Air and Clean Water Acts - direct orders –Federal programs funded through “ block grants States have some discretion over spending –Revenue sharing Money for state and local programs with virtually no strings attached. Congress had little control over these grants, ended the program

New Federalism: Devolving Power to the States  Devolution 1980 ’ s –Took steps to shrink the size of the federal government –Favored programs administered by state –Used block grants with strings attached –Declining funds lead to competition for $-state local gov’s hired lobbyists (intergovernmental lobby) –US v Lopez strengthened state rights Gun control on school property does not fall under federal authority

9/11 Era - Reversal  Greater federal control - wars in Afghanistan/ Iraq forced Pres Bush to increase size of gov –Law enforcement - Homeland Security, TSA –Education NCLB - increased fed requirements and state costs –Security Patriot Act –Welfare –War –Deficits –Disaster Relief - Katrina, tornados, Irene FEMA

Supreme Court - Return to States’ Rights?  New Deal to 1980’s - national power expanded  Trend reversing –Webster v Reproductive Health Services 1989 –Planned Parenthood of SE PA v Casey 1992 restricted federal powers while enhancing the role of the states –Bush v Gore 2000 Restricted state powers while enhancing the role of the federal government