Federalism The system that divides power between the national government and state government

Strengths  Strong national government to meet national needs –Currency –Tax –Declare war etc.  Preserves state rights –Marriage –Gun laws –Death penalty –education

 Local action in local concerns –Gambling –Illegal immigrants - Arizona  Keeps government close to the people –Local ordinances –State laws  National action in National concerns –Security –Engaging troops/war

 Allows states to act as “laboratories” and rate policies that may become federal laws –Suffrage –Welfare –Education  Sometimes state laws become federal laws –Gay marriage –Abortion

Weaknesses  Expensive  Inefficient –Too much bureaucracy –Gridlock  Federal blackmail –$ given to states under certain circumstances No Child Left Behind.08 drinking level Drinking age –Categorical Grants – Federal funds for specific purpose

 Forcing a state to do something through legislation –Clean Water Act –NCLB –Affordable Care Act –Gun control???  Known as unfunded mandate –States receive no $ to meet the demands –Civil Rights Legislation Americans with Disabilities Act Voting Rights Act –Motor voter Law

Pre John Marshall  Increased Nationalism –Articles of Confederation inadequate –US federal system devised  Madison & Jefferson –States right to void federal legislation they judge unconstitutional; sedition Act of 1798 Crime to criticize government of US

John Marshall Court  Nationalist Period  Marshall court increased power of Federal Government –Marbury v Madison (1803) –McCulloch v Maryland (1819) –Gibbon v Ogden (1824)  Served as Chief Justice for 35 years  Duel Federalism & Nullification –States ability to ignore federal law

Dual Federalism  Period of Dual Federalism [ ] –Federal and state governments are co-equals, each sovereign – layered cake federalism –Exercise power separately in areas of concern to them –Narrow interpretation of Constitution National government should not exceed its constitutionally enumerated powers 10 th Amendment: all other powers are reserved to the states –Separate and equal

Main Elements of Dual Federalism Primacy of States Rights  Necessary and Proper clause (Elastic Clause) –Should be narrowly interpreted –National government rules by enumerated powers only  National and States are sovereign in their own spheres – layer cake federalism –Gov. powers are separate  Relationship between nation and state is characterized by tension rather than cooperation.

 Federal government has jurisdiction if clearly expressed in the Constitution –Money –Foreign affairs  States have greater role and powers –Public education –Race relations

Strong Emphasis on States Rights Taney Court  Dred Scott decision –Sued to be free under Missouri Compromise Slavery forbidden by the Missouri Compromise –Only citizens of the US could be a citizen of a state/territory Only citizens could file suit in court –Declared Missouri Compromise unconstitutional Declared Congress did not have the authority to bar slavery in the territories  What view of federalism is applied in this decision?

Civil War – Continuation of Dual Conflict not resolved  Federal Government & Constitution reign –National Government grew in size and power –Imposed its will on states with Civil War Amendments – 13 th, 14 th, 15 th –Supreme Court supported states police powers Plessy v Ferguson (1898) – separate but equal Civil Rights cases became state matters –Supreme Court supported Federal power regarding economy – regulating commerce Interstate Commerce Act Sherman Anti-Trust Act

Stronger National Government –The beginning of change –16 th Amendment (1895) Authorized Congress to enact a national income tax –17 th Amendment (1913) Made Senators directly elected by the people Removed their selection by state legislature

Jim Crow laws  According to the original Constitution, states could determine voting eligibility along with most civil rights –10 th amendment vs. Civil War Amendments  Southern states denied blacks their voting rights for many years –Federal Gov. did not enforce Civil War Amendments  Plessy v Ferguson 1898 “separate but equal” doctrine supported by Supreme Court

Cooperative Federalism 1933~1980’s  Federal Government intervenes or assists in some areas traditionally left to the states –Education –Healthcare –Civil rights  Began with the New Deal in the 1930’s –Sweeping national programs –Supreme Court eventually confirmed FDR’s right to intervene  Marble cake Federalism – no clear distinctions

 Cooperative Federalism –Broad interpretation necessary & proper clause 10 th Amendment Supremacy clause Commerce Clause  Elements of Cooperative Federalism –National & state work together Routinely share power Power not concentrated in any one area Grants in aid: categorical, block, revenue

 Brown v Board of Education 1954 –Supreme Court mandated school integration  LBJ and the “Great Society – programs to fight poverty –programs to fight civil rights violations Increased federal spending with strings attached  Nixon and 1970’s –Clean Air and Clean Water Acts - direct orders –Federal programs funded through “block grants States have some discretion over spending –Revenue Sharing – no strings 1987 ended  Conservatives favor? Liberals favor?

New Federalism: Devolving Power to the States  Devolution 1980’s – 2001  Reagan Revolution –Took steps to shrink the size of the federal gov. –Lowered taxes –Favored programs administered by state Budget deficits rose – federal gov. unable to fund programs – unfunded mandates –US v Lopez strengthened state rights Gun control on school property does not fall under federal authority  Clinton: welfare responsibility of states

9/11 Era  Greater federal control – increases size of gov –Wars Afghanistan, Iraq –Law enforcement Homeland Security, TSA Security – Patriot Act –Education NCLB –Deficits –Disaster Relief Katrina, tornados, Irene FEMA

New New Federalism??  Which way is the trend headed?  Is the Supreme Court deciding the direction? –AZ SB 1070 –Affordable Health Care Act –Gay Marriage –Marijuana – recreational/medicinal –Gun control  What if necessary & proper clause was not included? Unitary Government?