CHAPTER 4: FEDERALISM GOVERNMENT Why did two political parties emerge in early years of United States?

NATIONAL POWERS 1. EXPRESSED IDENTIFIED IN CONSTITUTION ARTICLE I: LEGISLATION ARTICLE 2: PRESIDENT ARTICLE 3: JUDICIAL 2. IMPLIED POWERS NOT SPECIFICALLY LISTED (ENUMERATED) IN CONST. ARTICLE 1: SECTION 8: “NECESSARY AND PROPER” CLAUSE “ELASTIC” CLAUSE This stretches power of the federal government; expands it’s powers to do things to get it’s work done. 3.INHERENT: powers that belong to all federal sovereign nations.

4. NATIVE AMERICAN RELATIONS ARTICLE I: SECTION : Native Americans granted American citizenship. FEDERAL GOVERNMENT HAS ALL AUTHORITY TO MAKE DEALS/TREATIES WITH ALL NATIVE AMERICAN TRIBES. Treaty usually meant giving up land in exchange for government services “trust agreement”

STATE POWERS 1. “RESERVED” GRANTED BY 10 TH AMENDMENT ALL POWERS NOT GRANTED TO FEDS 2. CONCURRENT ARTICLE VI: “SUPREMACY” CLAUSE POWERS OF BOTH STATE AND FEDS CITIZENS ARE SUBJECT TO BOTH AUTHORITIES NATIONAL LAWS SUPREME Both the fed and states are forbidden to pass “ ex post facto ” laws. Protects people from conviction of crimes not illegal at the time. 3.LOCAL GOVERNMENT Creating local gov’t sole responsibility of state

“FULL FAITH AND CREDIT” CLAUSE Article IV: REQUIRES STATES TO HONOR CONTRACTS SIGNED IN ANOTHER STATE Driver’s licenses, marriage license “PRIVELEGES AND IMMUNITY” must be honored by other states as well. Visitors to a state must be granted same rights as residents of that state. Tax rates on items, speed limits FEDS AND STATES MUST WORK TOGETHER…STATE MANAGE PROBLEMS WITHIN THEIR BORDERS.

LEGISLATORS Congressional authority is general Without Congress, none of today’s departments would exist (must create them by law) New technologies (cell phones, computers) sometimes push Congress into actions unheard of before (terrorist threats) Have to pass laws that reflect needs of current society

FEDERALISM ERAS (4) 1. Dual Federalism ( ’s) Both levels equal while acting within their areas. Federal powers specifically listed. 10 th amendment says all other powers are “reserved” for states and people.

“SUPREMACY” OF FEDERAL LAWS ALEXANDER HAMILTON (TREASURY SECT.) 1791: Encourages Congress to authorize (charter) the First Bank of the US Congress opens bank for 20 year term Thomas Jefferson (Sect. of State) argues “federal” government has no business opening a bank Supreme Court sides with Hamilton. Chief Justice John Marshall said because feds must regulate commerce, opening a bank to manage the finances was a power that became “ necessary and proper ” or IMPLIED. 1816: Congress created the 2 nd Bank of United States

WORKING TOGETHER… 2 views of Government 1. “Strict Constructionist ” view: they believe the Constitution is cut and dried; no room for gray area; if Constitution says it’s ok, if not, don’t ask Example: Thomas Jefferson (no power to establish a national bank of US) 2. “loose constructionist ” view: they believe there is “gray” in all areas; that the Constitution is open to interpretation Example: Alexander Hamilton said we needed national bank to collect taxes.

WORKING TOGETHER??? Framers intended for 3 branches to cooperate… So they created the “framework” of the government to be followed Over time, nation has grown in size, population and complexity

In the process, the 3 branches have put Constitution in action; adding to duties of the government… And sometimes, adding to it’s power President and Congress sometimes blame each other when unable to get things done…GRIDLOCK. Political parties can be blamed for inability to work together (partisan policies dictate how legislators vote on issues)

MCCULLOCH V. MARYLAND: 1819 Maryland passed tax on banking James McCulloch: refuses to collect/pay tax to Maryland Maryland fines him; he sues state of Maryland Maryland Supreme Court says “he must pay”

McCulloch takes case to US Supreme Court US Supreme Court says McCulloch can’t be forced to pay Maryland state taxes Established supremacy of Federal government MARYLAND CANNOT TAX BANKS OWNED BY FEDERAL GOVERNMENT.

DOCTRINE OF NULLIFICATION: 1832 Federal government passed a law taxing exports John C. Calhoun (Senator) South Carolina voted to “nullify” the tax President Andrew Jackson Said South Carolina could not refuse to follow any federal law

DOCTRINE OF SECESSION: 1861 South Carolina claimed “State Sovereignty” Believed national push to end slavery wrong Said the federal government had no business telling a state what to do South Carolina: “If Lincoln wins, we’re out” 1860: Lincoln elected president Dec. 1860: South Carolina decides to secede “leave the union” 10 others join them

1861: Confederate States of America created United States divided : Civil War April 9, 1865: War over… Established national supremacy… states can’t nullify federal laws

FEDERAL REACTION TO CIVIL WAR 13 th Amendment Abolished slavery in all states 14 th Amendment “born” on US soil makes you a citizen 15 th Amendment: Grants all males the right to vote

BUSINESS REGULATION 1887: Interstate Commerce Act To regulate railroad industry Set standard pricing for rail use 1890: Sherman Anti-trust Act To encourage fair enterprise To discourage monopolies ***Standard Oil (John D. Rockefeller)

16 TH AMENDMENT: 1913 Article I, Section 8, Clause 1: The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States. Authorized federal taxes April 15 th every year …

2 ND: COOPERATIVE FEDERALISM: 1930’S ’S 1. Stock Market Crash October 29, National Depression +1,000’s lost jobs, homes 3. President Franklin D. Roosevelt Changed federal authority to help people 4. Social Security Act 1933 Helps elderly Single parents Widows with children

3 RD : CREATIVE FEDERALISM 1960’S – 1980’S Great Society Designed to help average Americans President Lyndon B. Johnson Became pres after JF Kennedy assassinated Expanded federal powers +size and power of federal gov’t Established a system of “grants” to states

4. NEW FEDERALISM: 1980’S Ronald Reagan, President Returned power to states Reduced federal gov’t size and power: DEVOLUTION Return power to the states “the era of big government is over”

5. FISCAL FEDERALISM: TODAY Fiscal : of or relating to government revenue, especially taxes. "monetary and fiscal policy“ Tax $$ is the main source of federal income A system of spending, taxing, and providing aid in the federal system. Federal government gives $$$ to states with “strings attached ” 1. Grants-in-aid Low-income housing Community projects Energy assistance programs for poor Disaster assistance

HOW IS TAX $$ SPENT??? 1. Poverty Block grants Federal grants given to states to take care of disadvantaged Welfare Public health Community development education 2. Homeland Security Created after 9/11 Terrorism Natural disasters Other national emergencies

SPENDING, CON’T. 3. Environment5. Health Care Environmental Protection Agency2003: 45 million had no Creates local recyclinghealth care Conservation efforts2014: Affordable Care Act 4. Immigration “Obama Care” Increased education costspays small $ to “subsidize” Health and social services for illegalshealth care for poor Employment issues Low-cost housing