Lecture 4: Federalism Concept of Federalism Federal vs Unitary Fed State Concurrent powers.

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Presentation transcript:

Lecture 4: Federalism

Concept of Federalism Federal vs Unitary Fed State Concurrent powers

Division of powers What areas are exclusively federal responsibilities? coin money, wage war, regulate immigration and citizenship What areas are exclusively or mostly state responsibilities? establish local governments, ratify constitutional amendments, education What areas are concurrent? Tax, borrow money, set up courts

Advantages of a decentralized federal system? Better reflects local or regional differences example: minimum wage allows for experimentation example: Oregon’s assisted suicide?

Disadvantages of federalism can inhibit trade and mobility example: state tuition can promote a race to the bottom example: lower state taxes, lax environmental laws

Gibbons v Ogden (1824) Facts of the case Result: Ct. interpreted “interstate commerce” broadly, giving greater power to Congress and the federal government.

Civil War Are states sovereign--with the right to join and leave the union as they please? Article I, section 10--”no confederacies” “We the People”, not “we the states” Outcome of the War: No!

Post Civil War Era Growth of big business and national economy necessary action by fed govt: starting with regulating railroads, and monopolies

Great Depression and New Deal ( ) Works Project Administration Social Security and much more--eventually with USSC approval Wickard v Filburn (1942) digression--Raich v Gonzalez (2005)

Civil Rights and Integration ( ) Federal laws and federal troops integrating schools and public accommodations Heart of Atlanta Motel v United States (1964)

Great Society ( ) War On Poverty Medicare Medicaid

Reagan “revolution” and devolution Less “strings” on reduced federal funding for state programs--from categorical to block grants -Example of “Welfare” reform in 1990s Conservative Supreme Ct reducing federal controls over states -Examples: -US v Lopez (1995) -US v Morrison (2000) -but more mixed in Raich v Gonzalez (2005)