Federalism Chapter 3

Federalism Key Terms (3): 1.Bill of attainder 2.Cooperative federalism 3.Dual federalism 4.Extradition clause 5.Full faith and credit clause 6.Interstate compacts 7.Reserve (or police) powers 8.Privileges and immunities clause 9.Supremacy clause 10.Unfunded mandates

Federalism Big book assignment (text) (3): –Global Perspective p. 100, questions 1 and 2 –Politics Now p. 112, questions 1 and 2 –Join the Debate p. 116, questions 1 and 2

Federalism Notebook Check 3: 1/28/09 –Big Book (3), (4) –Small Book (4), (5) –Key Terms (3), (4) –Notes (3), (4)

Federalism Figure 3.1, Number of Governments in the United States p. 97 Levels were created due to fear of tyranny –Furthermore, each level is separated into 3 branches –Constitution binds over 87,000 governments together

Federalism Figure 3.2, p. 98 Federal system: Authority goes from people to states and to government Unitary system: Local gov’ts get power from national government Confederate system: National gov’t gets power from states

Federalism National Powers – Fig. 3.3 p.99 –Enumerated Powers - Article I, Section 8 Coin money Conduct foreign relations Provide army and navy Declare war Establish national courts

Federalism National Powers –Necessary and Proper clause (elastic clause) Authority to enact necessary and proper laws for carrying out enumerated powers These are implied powers

Federalism

National Powers –The power to tax comes from the 16th amendment –17 th amendment – direct election of senators

Federalism 10 th Amendment, p.102 – Read and Understand

Federalism Federalism and the Marshall Court –Chief Justice John Marshall ( ) –His court defined the relationship between state and national gov’t

Federalism Federalism and the Marshall Court –McCulloch v.Maryland (1819) National gov’t has ultimate authority to create a bank A tax by the states would impede the ability to govern –Gibbons v. Ogden (1824) Dispute over the reach of Congress in interstate commerce Supreme Court upheld broad Congressional powers over the states

Federalism Federalism and the Marshall Court –McCulloch v.Maryland (1819) National gov’t has ultimate authority to create a bank A tax by the states would impede the ability to govern –Gibbons v. Ogden (1824) Dispute over the reach of Congress in interstate commerce Supreme Court upheld broad Congressional powers over the states

Federalism Dual Federalism –Roger B. Taney takes over after Marshall –Involved the 10 th amendment, improved state powers along with national powers

Federalism Dual Federalism –Dred Scott v. Sanford (1857) Ruled that Congress had no power over slavery in the territories Gave more power to states

Federalism Cooperative Federalism –The New Deal All levels of gov’t had to work cooperatively Government went from “layer cake” to “marble cake”

Federalism Federal Grants –First grants from national gov’t to the states were during the Civil War –States get most federal money through grants –LBJ’s “Great Society” called for a war on poverty in the 1960’s Saw a boom of federal money sent to states to fight social problems

Federalism Federal Grants –LBJ administration began to give the federal government more power and sway over the states –1970’s saw a reaction to “big government”

Federalism New Federalism –A pledge by Reagan saw the beginning of shrinking gov’t –1980’s - less assistance to the states –What assistance there was was more open- ended Categorical grants - to be used for specific purposes Block grants - to be used on more broad topics

Federalism New Federalism –Block grants ended up with four categories Health Income security Education Transportation

Federalism New Federalism –Clinton years saw a restructuring of welfare aid –Republicans had the House during Clinton years –Gave Congress the responsibility of finding funds for unfunded mandates –AFDC (look it up) replaced by TANF (p.113) Scaling back of welfare

Federalism Federalism and W –Bush would have scaled back federal spending more if not for 9/11 –Spending took place to fight the war on terror –Hurricanes Katrina and Rita cost $$ –NCLB created need for more bureaucracy –Preemption - using supremacy clause to override state laws before they happen

Federalism Judicial Federalism - Rehnquist Court ( ) –The Supreme Court has upheld 5-4 vote on not increasing Congressional power –Reagan tried to appoint justices to do this –Clinton tried to appoint justices to stop it P Look at abortion access

Our Supreme Court John Paul Stevens Antonin Scalia Anthony M. Kennedy David H. Souter Clarence Thomas Ruth Bader Ginsburg Stephen G. Breyer Samuel A. Alito, Jr. John G. Roberts, Jr. - Chief Justice