FEDERALISM WILSON 3A

KEY QUESTIONS WHO GOVERNS Where is sovereignty located in the American political system? How is power divided between the national and state governments under the Constitution? TO WHAT ENDS What compelling values are at stake in federalism? Who should decide what matters ought to be governed mainly or solely by national laws?

FEDERALISM Political system with sovereign local government units and independent national units that share responsibilities  Examples  Canada  India  Germany  Switzerland  Autralia

UNITARY GOVERNMENT Local government subservient to national Can be altered or abolished by national  Examples  France  Britain  Italy  Sweden  By contrast the US has 87,000 different sovereign governments + 35,000 special districts

POLITICAL POWER Constitutional guarantee Citizen preferences Locally acquired Careers depend on satisfying local needs Economic incentives  Block grants – money given to state to spend broadly within legislative guidelines

METAPHORS Slinky federalism  Powers flows back and forth Layer cake  Separation of authority Fruit salad  Mixed reality  Defined responsibilities

FEDERALISM GOOD (PROS) Elazar  Governmental strength  Political flexibility  Individual liberty Disperse elite power in many places  Slow to action BAD (CONS) Laski, Riker  States are poisonous  Perpetuates racism Small political units more likely to be dominated by a single faction  Democratic Wilson: Raises political activity Lowers cost of organization

GROUP DISCUSSION  Civil rights  Personal protection  Privacy  Education  Immigration  Marriage  Money  Guns  Sex  Unemployment  Environment  Property Consider each of the following areas that have received great debate since the creation of federalism. Where does authority rest?

FOUNDING Definitions  Federalist 39: neither national nor federal  Confederal may refer to more state sovereignty New plan  No historical precedent  Neither would have authority over the other  People would have authority over both  10 th amendment guarantee for states

ELASTIC CLAUSE Article I, section 8 “Necessary and proper” Hamilton – national supremacy  Article 6, clause 2 Jefferson – states rights with people sovereign  National government threat to individual liberty Role in today’s politics?

CONSTITUTIONAL LAW John Marshall believed in national supremacy Marbury v. Madison  Could the Courts force an executive to honor the commission of another? McCulloch v. Maryland  Could the federal government charter a bank?  Could a state tax that bank?

NULLIFICATION Law to punish critical newspaper articles  Jefferson, Hamilton argue for Federal tariffs  Calhoun Slavery  Union indissoluble  Civil War  Supreme Court

DUAL FEDERALISM Both national and state governments are sovereign in their own spheres  Separate  Interstate commerce  Intrastate commerce  Mostly no distinction

STATE SOVEREIGNTY US v. Lopez US v. Morrison Printz v. US Alden v. Maine Federal Maritime Commission v. South Carolina Port Authority

CHALLENGE Police Power Initiative Referendum Recall Chisholm v. Georgia 11 th amendment Local government is subject to state law  Local government survey