FEDERALISM CHAPTER 4

FEDERALISM V. UNITARY SYSTEM Unitary System: all power is held by a strong central authority. -Why was a unitary system out of the question at the Constitutional Convention? -How did communication and geography also act as a factor? The Federal System (federalism: a form of government in which power is divided between the federal (national) government and the state governments) was a compromise between protecting national interests and local interests. -How did this system also represent Montesquieu’s political philosophy?

GOVERNMENT POWER 1. Federal Government (National/Central) 2. State Government National Powers 1.Expressed (Enumerated) Powers: Powers given expressly to the federal government in the U.S Constitution. -Located in Article 1, 2, and 3 of the constitution. -Clearly listed (numbered) powers 2.Implied Powers: Powers inferred from the Necessary and Proper Clause -Extensions of expressed powers

GOVERNMENT POWER State Powers -Reserved Powers: Powers “reserved” to the states in the 10 th Amendment. -Federalist no. 45: Powers granted to the national government were “few and defined,” and the powers of the states were “numerous and indefinite.” -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. Shared Powers -Concurrent Powers: Powers shared by the state and the federal government (example: tax and build roads)

LIMITS ON POWER Founders placed specific limits to government within the U.S. Constitution. - Why did the founders feel this was necessary? What events would have influenced these limits? -Examples: -National Government: Article 1, Section 9- can’t deny trial by jury, can’t grant titles of nobility, or pass laws favoring the trade of one state over another. -State Government: Article 1, Section 10- can’t coin money, can’t raise an army, or tax other states. -Avoid disrupting national unity. -Both levels: No ex post facto laws (a law which makes criminal an act which was legal when it was committed.)

RELATIONSHIP BETWEEN NATIONAL AND STATE GOVERNMENT Republicanism: The federal and all state governments must follow a republican model of government. Full Faith and Credit Clause: Article 4 requires that states give “full faith and credit” to the public acts, official records, and judicial proceedings of every other state. -Extradition -Driver’s license -Recognition of Marriage Supremacy Clause: If there is a conflict between state and national laws or powers, the national government trumps state power. (Article 6) (supported by McCulloch v. Maryland)

MCCULLOCH V. MARYLAND McCulloch v. Maryland (1819) Facts of the Case: In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. Two Part question: Did Congress have the power to establish a National Bank? Did congressional law override the powers of the state of Maryland? Opinion of the Court: 1) The Necessary and Proper Clause supports the creation of the National Bank, and therefore, is not a violation of the Constitution. 2) The Supremacy Clause denies the state the power to tax a national entity.

INTERPRETING FEDERALISM AND CONFLICT A House Divided: Slavery -“A house divided against itself cannot stand. I believe this government cannot endure permanently half slave and half free. I do not expect the house to fall- but I do expect it will cease to be divided.” -Doctrine of Nullification: the belief that states had the right to “nullify” or cancel any national law which contradicted the interests of the state. -Doctrine of Secession: the belief that states had the right to separate themselves from the union. -Slavery, State’s Rights, and State Sovereignty came to a head in 1861 in what event? -Union victory reinforces federal power/supremacy.

COOPERATION IN FEDERALISM The Great Depression- Crisis => Growth of Federal Government -Franklin Delano Roosevelt (FDR) established the New Deal. -A set of policies and creation of government programs to address specific needs of Americans. (Social Security and FDIC) -Cooperative Federalism: national government and state governments worked together to manage the depression. -Creative Federalism (Lyndon Johnson)- the national government gives national funds in form of grants to states to achieve different national goals. -Grants-in-Aid- grants of money given to state and local government by the national government with some strings attached. -Allows for creativity and innovation from state-to-state. -How does that empower the national government? -New Federalism (Ronald Reagan)- the trend of moving more power back in the hands of the states and removing many of the grants by the federal government.

GRANTS AND MANDATES Categorical Grants: grants of money that can only be used for specific purposes or “categories.” -Disaster relief, airport construction -Gives Congress a lot of power over states Block Grants: grants of money given for broad or general purposes which gives states more power in deciding how the money is used. -Welfare and Medicaid Federal Mandates: demands on states to carry out certain policies as a condition of receiving grant money. - Clean air act, enacting civil rights legislation