Federalism

Why Federalism? Would correct the defects of the Articles Protect Liberty: ◦ Framers argued that it was part of the system of checks and balances  Hamilton Federalist No. 28  Madison Federalist No. 46 Limited government ◦ Assigning powers to the national government and reserving others to the states  Madison Federalist No. 10

Three Systems of Government Unitary ◦ National government alone has sovereign authority Federal ◦ Authority is divided between two sovereign levels of government: national and regional Confederate ◦ Sovereignty is vested entirely in subnational (state) governments

Lines of Power in the Federal System of Government Copyright © 2013 Cengage

Lines of Power in the Federal System of Government Copyright © 2013 Cengage

Figure 3.1 Lines of Power in the Federal System of Government Copyright © 2013 Cengage

Federalism as a Governing System Federalism as a Governing System

Copyright © 2013 Cengage The Founding A Bold New Plan: A “federal republic” for which there was no precedent Elastic Language Congress shall have the power to “make all laws which shall be necessary and proper for carrying into execution the foregoing powers.” -from Article I

National Powers

Expressed (Enumerated) Powers Article I, section 8 17 enumerated (expressed) powers specifically granted to the federal government by the Constitution Article 1, section 10 – prohibited encroachment by states on national powers Article II, section 2 – assigns president powers Article III – Judicial powers

Implied Powers Article I, Section 8, Clause 18 ◦ “necessary and proper clause” or elastic clause ◦ Powers not listed in the Constitution but are related to the exercise of the powers that are listed

Inherent Powers ◦ US is a sovereign nation ◦ Under international law, all nation states have right to make treaties, wage war, acquire territory ◦ President derives these from Article II  Curtiss Wright Export v US

National and State Powers

Concurrent Powers ◦ Exercised by both national and state  Power to tax, borrow money, establish courts

State Powers

Copyright © 2013 Cengage

Reserved Powers 10 th Amendment (1791) ◦ 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.  Licensing doctors, teachers  Establishing public schools  Police  Marriage  Safety and general welfare

Other Powers Prohibited Powers ◦ Powers denied to the national government, state, or both  Fed cannot tax exports, states cannot make treaties with foreign countries War Power Regulate interstate and foreign commerce ◦ Commerce clause (Article I, sect. 8,clause 1) Power to Tax and Spend

Establishing National Supremacy

Supremacy Clause Article VI Section 2 Implied Powers ◦ McCulloch v Maryland (1819)

Nullification & Civil War States’-Rights View: ◦ Nullification Crisis ◦ Dred Scott (1857)

Commerce Clause ◦ Gibbons v Ogden (1824) Expansion of the Commerce Clause ◦ Heart of Atlanta Motel v US (1964) ◦ Katzenbach v McClung (1964) ◦ US v Lopez (1995) ◦ United States v Morrison (2000) ◦ Gonzales v Raich (2005)

U.S. History of Federalism

Dual Federalism 1860s-1930s System of government which the national and state governments remain supreme in their own spheres. Know as the “layer cake” federalism The Fourteenth Amendment and State Discretion ◦ Intended to protect newly freed slaves from state governments discriminatory action ◦ Plessy v Ferguson sanctioned government-based racial segregation in the south Judicial Protection of Business ◦ Business corporations protected under 14 th amendment ◦ Narrowed interpretation of the commerce clause  interstate commerce= “transportation” of goods  Intrastate commerce= “manufacturing” of goods  Supreme court restricted national power National Authority Prevails ◦ FDR’s polices with the Great Depression

Cooperative federalism 1930s-1970s System of government which the national and state governments work together to complete projects. ◦ Ex. Interstate highway program Known as “marble cake” federalism ◦ Shared policy responsibilities  National, state, and local levels work together  Medicaid: health insurance for the poor  Education  Law enforcement  Transportation

Devolution 1969 with Nixon Movement to transfer responsibilities of governing the federal government to state and local governments The Republican Revolution ◦ Welfare Reform Act 1996  States run their own welfare program Judicial US v Lopez

Competitive Federalism

Fiscal Federalism Expenditure of federal funds on programs run through state and local governments Grants-in-aid ◦ Money and resources provided by the federal government to state and local governments  Roads, railroads, canal building Categorical Grants ◦ only for specific projects Block Grants ◦ education, health care, public services ◦ greater freedom, state prefer over other grants Mandates ◦ Requirements imposed by the national government on state and local governments  ADA  NCLB is a “unfunded mandate”