#1C: FEDERALISM

FEDERALISM A political system where the powers of government are divided between a national government & regional (state & local) governments Each level has certain authority over the same territory & people. A Constitution outlines each level of government’s authority, powers, and prohibitions.

FEDERALISM (Goldilocks?) Two or more levels of govt have formal authority over the same geographic area & people

EXPRESSED (delegated) POWERS Specifically granted to the federal govt by the Constitution $$$, taxes, interstate commerce aka… Enumerated powers Article I – powers to Congress Article II – Section 2 gives power to pres Article III – judicial power to the Supreme Ct Article IV – Intergovernmental Relationships Article V – Amendment Process

KEY ENUMERATED POWERS (Congress) #1 – power to regulate interstate & foreign commerce #2 – Coin and print money #3 – Provide an army/navy #4 – Declare war #5 – Establish federal courts below the Supreme Court #6 – Conduct foreign affairs #7 – Make all laws “NECESSARY AND PROPER” #8 – Acquire & govern US territories and admit new states #9 – Regulate immigration & naturalization

IMPLIED POWERS Come from the Necessary & Proper Clause aka…Elastic Clause = found in Article I, Section 8, Clause 18 “to make all Laws which shall be necessary and proper for carrying into Execution the forgoing Powers and all other Powers vested by the Constitution in the Govt of the US, or in any Dept or Officer thereof”

RESERVED POWERS (states only!!) Not specifically granted to the federal govt Article IV, Amendment 10 Not specifically denied to the states Held by the states vis-à-vis the 10 th amendment, i.e., licensing doctors, public schools, local govts, police power, public health, safety & general welfare…

MISC POWERS Inherent Powers: the US is a sovereign nation w/ the international right to make treaties, wage war, and acquire territory Concurrent Powers: exercised by federal & state, i.e., taxes, borrowing money, est courts Prohibited Powers: denied to nat’l & state…can’t tax exports, states can’t make treaties (Article I, Sections 9 & 10; Amendments)

NATIONAL & STATE POWERS Concurrent Levy taxes Borrow money Spend for the general welfare Establish courts Enact & enforce laws Charter banks

STATE POWERS Reserved Regulate intrastate commerce Establish local govts Establish public school systems Administer elections Protect the public’s health, welfare & morals Regulate corporations Establish licensing requirements for certain regulated professions (teachers, doctors, lawyers)

FEDERALISM in practice… Interstate Relations (Art IV) Guarantees to the States Advantages & Disadvantages Establishing national supremacy McCulloch v Maryland (1819) Gibbons v Ogdan (1824) Federalism TODAY

Full Faith & Credit Clause The Future of Gay Marriage in America – CT, MA, IA, VT, NY, DC, NH CA?

Privileges & Immunities Clause

Extradition = states return fugitives to a state from which they have Gov.’s request Interstate Compacts = states may make agreements to work together to solve regional problems (PANY & PANJ) Article 4 = national guarantee to the states Provides for the states… republican form of govt protections against foreign invasion protections against domestic violence respect for the geographic integrity of states Prohibited powers located in Article I, Section 9 & Section 10 and are not given to the national or regional govts

Is Federalism GOOD or BAD? + 1.Diverse policies (experimental/creative) 2.Multiple power centers, no dominant groups 3.Keeps govt close to the people; accommodates the states’ needs 4.States are training grounds for national leaders 5.Suited for large geographic areas & encourages diversity in local government - 1.Promotes inequality b/t states 2.Local interests can supersede majority (LA, NYC) 3.Creates confusion 4.Inflexibility inherent in a written constitution 5.Complex, with many governments to deal with 6.Duplication of offices and functions 7.Conflicts of authority may arise

Article VI – Supremacy Clause!!! McCulloch v Maryland (1819) – implied powers, “necessary & proper clause”, national supremacy [EXPANSION OF FEDERAL POWER] Gibbons v Ogdan (1824) – Old fashioned Jersey Shore throwdown, interstate commerce, 1964 Civil Rights Act, “commerce clause” [EXPANSION OF FEDERAL POWER] Brown v Board of Education (1954) – school segregation is unconstitutional [EXPANSION OF FEDERAL POWER]

UNITARY SYSTEM All power is invested in a central govt

FEDERAL SYSTEM Power is divided between central and regional govts – 2+ levels of govt have authority over the same area/people So…….

COOPERATIVE FEDERALISM (not Dual) National and state govts work together to complete projects (highways) Pattern of spending, taxing, & providing grants ($480B in 2010) NOT dual = each level remains supreme in their own sphere NEW Federalism = Nixon, Reagan, W. Bush – reversal of cooperative federalism, aka devolution aka…Fiscal Federalism

FISCAL federalism…uses fiscal policy to influence the states through granting or withholding $ to pay for programs grants-in-aid – specific projects / programs categorical grants – project/formula grants…matching, ie Medicaid, or based on merit Block grants – variety of purposes w/in a broad category, ie. education Revenue sharing – “no strings attached” eliminated under Reagan Mandates (funded & unfunded) – ie. Americans with Disabilities Act (1990)

CATEGORICAL GRANT Funds provided for a specific & clearly defined purpose

BLOCK GRANT Funds given to the states for broadly defined purpose Resources from fed to state Contribute to the # of state and local govt employees

MANDATES Rules telling states what they MUST do to comply w/ fed guidelines UNFUNDED mandates require state & local govts to provide services or comply w/ reguations w/o funds $$$000

DEVOLUTION Transfer the responsibilities of governing from the fed govt to state & local govt

Constitutional Extras… The Enlightenment (Franklin, Jefferson, Madison / reason, natural laws, progress, liberty, toleration) + John Locke, Charles de Montesquieu, Jean- Jacques Rousseau. Human Nature (self-centered/selfish), Political Conflict (unequal distribution of property/factions), Purpose of Government (Locke/excessive democracy), Nature of Government (Montesquieu/checks & balances) The Connecticut “Great” Compromise (VA plan, NJ plan), The Three-Fifths Compromise (South = representation/North = taxes), over b/c of 13 th amend Congress (ECON): revenue by taxing, pay debts, coin money & regulate $ value, regulate interstate & foreign commerce, est laws of bankruptcy, punish counterfeiting, est post offices Individual Rights: habeas corpus, bill of attainder, ex post facto, trial by jury in criminal cases, no religious qualifications for holding office KNOW HOW A NEW AMENDMENT GETS MADE!!! Formal – proposal/ratification & Informal – Congressional legislation, Executive Actions, Judicial Decisions, Party practices, Unwritten traditions