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 – AZ –marriage  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? Immigration??  Sometimes state laws become federal laws - EMTALA –Gay marriage? SB 1070??

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 A4 S2 –Guarantees citizens of each state are afforded the same as citizens of all other states –No unreasonable distinctions - NJ requiring state employees to reside in state or lose their jobs? NJ First Act 2011

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. ” –Wms vs N. Carolina – denied full faith and credit for quickie divorces.

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  Never tried before  Same power, own set of officials – each level would also be supreme in some spheres –Taxing power –Borrow $ –Establish court systems  Supremacy Clause would not be able to states ability to tax, borrow $, estab. Courts  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 Denies gov. authority to take arbitrary actions affecting constitutional rights and liberties. –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

Pre John Marshall  Increased Nationalism –Articles of Confederation inadequate –US federal system devised –Bill of Rights added – 10 th Amendment  Madison & Jefferson write (state) legislation giving states right to void federal legislation they judge unconstitutional –Sedition Act of 1798 –Crime to criticize gov of US

Marshall Court  John Marshall court increased power of Federal Government  Appointed by John Adams 1801  Shaped the court decisions and raised its stature  Served as Chief Justice for 35 years –Marbury v Madison (1803) – established judicial review –McCulloch v Maryland (1819) –Gibbon v Ogden (1824) Favored strong government action Supported supremacy of the federal government over state authorities

Period of Dual Federalism  Concurrent power / Dual Federalism  Period of Dual Federalism [ ] –Federal and state governments are co-equals, each sovereign - layered cake –Narrow interpretation of Constitution –National Government should not exceed its constitutionally enumerated powers –Separate and equal

Main Elements of Dual Federalism states rights are primary  Necessary and Proper clause (Elastic Clause) –Should be narrowly interpreted –National government rules by enumerated powers only  National and States are sovereign in their own spheres – layer cake federalism –Gov powers are separate  Relationship between nation and state is characterized by tension rather than cooperation.

 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 Taney Court - different notion about Federalism  Dred Scott decision –Sued to be free under Missouri Compromise –Only citizens of the US could sue in federal court Scott was property –S.C. declared Missouri Compromise unconstitutional limiting federal authority re: slavery Declared Congress did not have the authority to bar slavery in the territories Constitution protects private property-slaves Civil War quickly approached

Civil War - Continuation of Dual  Federal Government and Constitution reign –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 - regulating commerce Interstate Commerce Act Sherman Anti-Trust Act

 Stronger National Government - the beginning of change –16th Amendment (1895): authorized Congress to enact a national income tax –17th Amendment (1913): made senators directly elected by the people; removed their selection from state legislatures

Jim Crow laws  According to the 10th Amendment, states could determine voting eligibility along with most civil rights –Civil War Amendments federal  Southern states denied blacks their voting rights as well as many other civil rights for many years.  Plessy v Ferguson 1896 “ 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  Layer cake Federalism to Marble cake federal. –No clear distinctions

 Cooperative Federalism –broad interpretation of Supports the necessary and proper clause (elastic clause) 10th Amendment Supremacy clause Commerce clause  Elements of Cooperative Federalism –National and state agencies work together –National and state governments routinely share power –Power not concentrated in any one area –Grants in aid: categorical, block, revenue sharing –Strong, active national government –Known as marble cake

Differences between Dual and Cooperative Federalism  How each interprets the necessary and proper clause –Dual: narrow interpretation of elastic clause (implied power) and states’ rights –Cooperative: broad interpretation of necessary and proper clause and what the Tenth Amendment actually states –Conservatives favor layer-cake – Liberals favor marble cake

 Brown v Board of Education 1954 –Supreme Court mandated school integration - Eisenhower enforced  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

 Categorical grants – method to redistribute income – remove gross inequality among states and its people –Specific purposes –Little independence on how money is to be spent –Two types: Can be political in Congress Formula grants – formula used to determine who is eligible and how much is granted –State per capita income, number of school age children, number families below poverty line etc Project grants – grants awarded on the basis of competitive applications – AIDS, homelessness

New Federalism: Devolving Power to the States  Devolution 1980 ’ s  Reagan Revolution –Took steps to shrink the size of the federal government - lowered taxes –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) –led to state government deficits - unfunded mandates Americans with Disabilities Act –US v Lopez strengthened state rights Gun control on school property does not fall under federal authority –Clinton declares era of big government over shifted responsibility of welfare to states using block grants with strings attached

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 / habeaus corpus rights of citizens & non. –War –Deficits –Disaster Relief - Katrina, tornados, Irene, Sandy FEMA

Supreme Court - Return to Nationals’ Rights?  1980’s to state 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 –AZ SB 1070 –Medicinal Marijuana, Obama Care?

New New Federalism or Symbiotic Federalism  Little attention paid to states during war on terrorism –Room for states to address own problems AZ SB1070 CA prop 8 Legalization marijuana  2008 balance begins to shift  Obama addressing domestic issues –States with money constraints, depending more on Washington for funds –Ripe for supporting his initiatives