Chapter Three Section 1 Federalism

Copyright © Houghton Mifflin Company. All rights reserved.3 | 2 Governmental Structure Federalism: a political system where local government units can make final decisions regarding some governmental activities and whose existence is protected Unitary System: local governments are subservient to the national government

Copyright © Houghton Mifflin Company. All rights reserved.3 | 3 Figure 3.1: Lines of Power in Three Systems of Government

Copyright © Houghton Mifflin Company. All rights reserved.3 | 4 Figure 3.1: Lines of Power in Three Systems of Government

Copyright © Houghton Mifflin Company. All rights reserved.3 | 5 Federalism: A Bold New Plan

Copyright © Houghton Mifflin Company. All rights reserved.3 | 6 Contradictions of Federalism No historical precedent Elastic language in Article I: Necessary and Proper Clause expands federal power Commerce Clause: gives Federal government right to regulate interstate commerce Tenth Amendment was added as an attempt to clarify the limits of the national government’s power

Copyright © Houghton Mifflin Company. All rights reserved.3 | 7 Article I, Section 8, Clause 18 Article I, Section 8, Clause 18 of the US Constitution "The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

Copyright © Houghton Mifflin Company. All rights reserved.3 | 8 The Tenth Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Copyright © Houghton Mifflin Company. All rights reserved.3 | 9 Article I, Section 8, Clause 3 of the US Constitution “The Congress shall have power... To regulate commerce with foreign nations, and among the several states, and with the Indian tribes”

Copyright © Houghton Mifflin Company. All rights reserved.3 | 10 Negatives of Federalism Negative view: Federalism blocks progress and protects powerful local interests

Copyright © Houghton Mifflin Company. All rights reserved.3 | 11 Negatives of Federalism New York v. United States (1992), Invalidated the Low-Level Radioactive Waste Policy Amendments Act of Printz v US (1995) Invalidated the Brady Handgun Violence Prevention Act that required state and local law enforcement officials to conduct background checks on persons attempting to purchase handguns. Plessy v. Ferguson (1896) A landmark United States Supreme Court decision upholding the constitutionality of racial segregation under the doctrine of "separate but equal".

Copyright © Houghton Mifflin Company. All rights reserved.3 | 12 Positives of Federalism Positive view: Federalism contributes to governmental strength, political flexibility, and fosters individual liberty –Federalist #10: small political units allow all relevant interests to be heard –Federalism increases political activity

Copyright © Houghton Mifflin Company. All rights reserved.3 | 13 Hamilton versus Jefferson

Copyright © Houghton Mifflin Company. All rights reserved.3 | 14 “All communities divide themselves into the few and the many. The first are the rich and the well-born; the other the mass of the people... turbulent and changing, they seldom judge or determine right. Give therefore to the first class a distinct, permanent share in the Government... Nothing but a permanent body can check the imprudence of local democracy.” speech to the Constitutional Convention concerning the United States Senate, 06/18/1787 Alexander Hamilton The First Federalist

Copyright © Houghton Mifflin Company. All rights reserved.3 | 15 “The States can best govern our home concerns and the general government our foreign ones. I wish, therefore...never to see all offices transferred to Washington, where, further withdrawn from the eyes of the people, they may more secretly be bought and sold at market.” From the Papers of Thomas Jefferson, 1797 Thomas Jefferson The First Anti-Federalist

Copyright © Houghton Mifflin Company. All rights reserved.3 | 16 “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” Federalist No. 45 James Madison Original Federalist converted to Anti- Federalism

Copyright © Houghton Mifflin Company. All rights reserved.3 | 17 Federalism Over Time Dual federalism (Dual Sovereignty?): Both national and state governments are supreme in their own spheres, which should be kept separate Hard to make distinctions between state and federal spheres; distinctions between them were blurred The Supreme Court has become the ultimate final judge of the balance between states’ rights and the national government