FEDERALISM

WHAT IS FEDERALISM? Way of organizing nation so two or more levels of government share power COMPARE WITH: Unitary governments = all power in central government States are unitary compared to local governments Confederation = most/all power in hands of components of national government (e.g. states) vs. national government itself Articles of Confederation Rare today (UN)

FINLAND VS. UNITED STATES: THE NEED FOR FEDERALISM

Finland vs. U.S.: The need for federalism Finland 5,223,442 people 338, 145 sq km (slightly smaller than Montana) Ethnic Groups: Finn 93.4%, Swede 5.7%, Russian 0.4%, Estonian 0.2%, Roma 0.2%, Sami 0.1% Religions: Lutheran National Church 84.2%, Greek Orthodox 1.1%, other Christian 1.1%, none 13.5% (‘03) GDP: $151.2 billion (‘04) The United States 295, 734,134 people 9,631,418 sq km Ethnic Groups: white 68.4%, Hispanic 13.3%, black 12.9%, Asian 4.2%, Amerindian 1%, Pacific islander 0.2% Religions: Protestant 52%, Catholic 24%, Mormon 2%, Jewish 1%, Muslim 1%, other 10%, none 10% (‘02) GDP: $11.75 trillion (‘04)

WHY IS FEDERALISM IMPORTANT? Decentralizes politics Senators represent individual states vs. entire country Electoral college (51 little elections) More opportunities for political participation More points of access to government Enhances judicial power Judges are refs among different levels of government “Most public policy debates are also debates about federalism” – Edwards, Wattenberg, Lineberry States usually regulate social, family, moral issues Marriage, divorce, speed limits, drinking age

CONSTITUTIONAL BASIS OF FEDERALISM Equal representation in Senate Supremacy clause (Article VI) = supreme law of land is 1.Constitution 2.Laws of national gov’t (when consistent with Constitution) 3.Treaties (can only be made by national gov’t)

CONSTITUTIONAL BASIS OF FEDERALISM 10th Amendment (Jefferson) “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” Elastic clause (Hamilton) = Article I, Section 8, final para. = necessary and proper clause Congress may “make all laws necessary and proper for carrying into execution the foregoing powers” The foregoing powers = enumerated powers Necessary & proper = implied powers

SOME POWERS DENIED STATES BY THE CONSTITUTION

STATES’ OBLIGATIONS TO EACH OTHER Full Faith & Credit Respect / abide by other states’ laws Gay marriage? Extradition States must return person charged with crime in another state Privileges & immunities Can’t be discriminated against by other state Taxes Public universities?

1. Fletcher v. Peck (1810) Sam & Ellen 2. McCulloch v. Maryland (1819) Cariani & Dan 3. Gibbons v. Ogden (1824) James & Mike 4. National Labor Relations Board v. Jones & Laughlin Steel (1937) Celfo & Kyle 5. Wickard v. Filburn (1942) Cristina & Lauren 6. Brown v. Board of Ed. (1954) Matt & Jack 7. Heart of Atlanta Motel v. United States (1964) Noelle & Marybeth 8. South Dakota v. Dole (1987) Pinar & Paul 9. United States v. Lopez (1995) Chelsi & Phoebe 10. United States v. Morrison (2000) Caitlin 11. Gonzales v. Raich (2005) PJ & Sarah 12. Gonzalez v. Oregon (2006) Eliza & Haley 13. Arizona v. United States (2012) Luke & Max KEY SUPREME COURT CASES