Unit 2

Katrina

 System of government in which the powers are divided among the national state and local governments

ADVANTAGES  Keeps large countries organized (U.S. & Russia)  Defends against tyranny (Federalist #10)  Increases participation…  More layers of government=more opportunity to get involved DISADVANTAGES  Mass confusion  Too much government involvement Example?...  Education  emergency relief  marriage

National Powers: Article I, section 8:  Congress is granted 17 expressed powers  Clause 18: Congress is granted implied powers under necessary & proper clause Article VI:  “The Constitution…shall be the supreme law of the land”

State Powers: Article IV:  States must honor the laws of other states Amendment X:  The powers not given to the national government, nor denied to the states, are reserved to the states

A challenge to Federalism…  No state need recognize a marriage between persons of the same sex, even if the marriage was concluded or recognized in another state.  The Federal Government may not recognize same-sex or polygamous marriages for any purpose, even if concluded or recognized by one of the states.

StateFed Tax Make/enforce laws Establish courts Spend $ for public

STRICT CONSTRUCTIONIST  Believes in the expressed powers of the Constitution  Seldom allows for the existence of implied powers LOOSE CONSTRUCTIONIST  Believes in expressed and implied powers  Allows for a loose interpretation of the Constitution THE SUPREME COURT HAS ALWAYS MAINTAINED THE BALANCE OF FEDERALISM HOWEVER THERE IS A DEBATE ABOUT THEIR ROLE:

 At issue:  McCulloch objected to a tax Maryland placed on notes issued by the National bank  Maryland claimed the U.S. had no authority to create a bank  Ruling: John Marshall  U.S. has the right due to Art.I, sec. 8, clause 18 and Art VI  Impact?  Expands the power of National Government

 At issue:  Dred Scott, a slave, had been living in Illinois and Wisconsin (free states) for 5 years.  Dred Scott argued that he should be free because he lived in a free state  Ruling: Roger Taney  Congress lacks the authority to limit slavery in territories making slavery a state issue  Impact?  Expands the power of States

 Belief that the national and state governments are separate bodies with equal power  Constitutional interpretation held by the Court from the 1850s-1930s  Began as a result of the growing tension between the North and South  Diminishes the importance of:  Art I section 8 clause 18  Art VI

Dual Federalism… the layered cake

 Belief that the national, state, and local governments are intertwined in role and power giving greater power to the federal government  Constitutional interpretation held by the Court from the 1930s-1980s  Began as a result of the Great Depression  Hoover believed that the economy was largely a state issue…dual federalism

Cooperative Federalism… the marble cake

 Hammer v. Dagenhart…  U.S. v. Darby Lumber…  U.S. v. Lopez…  Gonzalez v. Raich… Do you agree with the ruling?

 FDR’s New deal programs caused the National government to increase power and then distribute it to local governments  The New Deal forced all levels of government to “cooperate” with each other  Impact?  National government’s power was greatly increased through use of Grants

Federal allocation of funds for programs to be administered by nat., state, or local governments…but dictated by feds

 Improve health and safety of the people  Establish national standards  Often used to influence state policy  Today there are over 900 grant programs divided in 20 areas:  Agriculture  Arts  Business and Commerce  Community Development  Consumer Protection  Disaster Prevention and Relief  Education Regional Development  Employment, Labor, and Training  Energy  Environmental Quality Food and Nutrition Health Housing Humanities Information and Statistics Law, Justice, and Legal Services Natural Resources Science and Technology Social Services and Income Security Transportation

 Appropriated by the nat. gov’t for a specific purpose/program  Nat gov’t dictates rules for administering funds  Often requires financial assistance from the states  Examples?  medicaid

Johnson’s Great Society  Linked nat. gov’t directly to communities  Turned local issues into national issues  Ignored state officials

 Appropriated by the nat. gov’t for a specific purpose/program  Little to no nat gov’t rules/restrictions for administering funds  Gives states greater freedom  Examples?  Secondary education

Belief that the states should be returned power over administrative duties

Reagan’s Revolution:  Massive spending cuts=  Decrease in programs and grants=  Decrease in funding for states=  Less federal involvement in states

The Devolution Revolution (1994):  Initiated by Newt Gingrich’s Contract with America  Reduce government spending by cutting programs/grants  Issued unfunded mandates  ADA & the Emergency Medical Treatment and Labor Act Directives to the states to administer programs without any funding

A return to state powers:  Personal Responsibility and Work Opportunity Act of 1996  Moved welfare from a national to a state administered program (still funded by Feds)  Allowed states to set individual standards for recipients

 Endorsed preemption…National government can override the states and local governments  Massive increase in federal gov’t control  Examples:  Education  Security

Preemption at work… Purpose:  Improve standards and quality of education in the U.S. How it works:  Fed established regulations for class size, teacher and school performance  Success judged through standardized tests and inspections  Unsuccessful schools will loose federal funds

? Why???