Oct 2 – Gov – Intro to Federalism Agenda: Quick-write Intro to Federalism Federalism Case Studies HW: Constitutional Division of power between the national government and state governments. Both get their powers from the constitution, not each other.

Colonies Under British Control UNITARY SYSTEM Central govt – primary authority, regulates activities of the states State govt – little or no powers, duties regulated by central govt Citizens – vote for central officials Unitary System – all power flows from one central government Powerful British Government The reasons for why the US has a federal system comes back to our governmental background Increasingly, the colonists chafed under “parasitic” British control. Parliament (and the King) determined who the colonies traded with, what taxes they paid, and denied them representation in Parliament. Political Subunits (Colonies)

Articles of Confederation 1781-1789 CONFEDERAL SYSTEM Central govt – limited powers to coordinate state activities State govt – sovereign, allocate some duties to central govt Citizens – vote for state govt officials Confederal System – power concentrated in political subunits with a weak central government (typically unite for a specific common goal) Once independent, the colonists completely flip-flopped the government system figuring that the opposite of Britain’s had to be better…it wasn’t. A strong central government like the British system was unthinkable, so they made the central government very weak. Confederacies are inherently unstable. Congress – the circle – didn’t have any political muscle

Articles of Confederation– Government Structure Article II – “Each state retains its sovereignty, freedom, & independence.” Unicameral Congress with one vote per state No Executive No Federal Judiciary (courts existed but at the state level) FOR FEDERAL (CIRCLE) 1- UNICAMERAL CONGRESS WITH ONE VOTE PER STATE Each state – the squares – had only one vote in Congress no matter what their size was: 􀂃 Georgia had one Congressperson to represent its 25,000 citizens 􀂃 Virginia had one Congressperson to represent its 270,000 citizens 2-3 BECAUSE OF THE UNICAMERAL LEGISLATURE (there was NO President or NO Supreme Court)

Articles of Confederation- Weaknesses Supermajority (9 of 13) to pass a law Supermajority (13 of 13) to amend No control of taxation or commerce between states or with foreign nations 4 – SUPERMAJORITY NEEDED 9/13 needed to pass a law 13/13 needed to amend (change) the AOC 5 – NO TAXATION CONTROL OR ECONOMIC Congress – the circle – couldn’t collect taxes (had to beg $ from the states) Congress – the circle – didn’t have any political muscle ESSENTIALLY…WHAT YOU HAD WAS… Confederations are historically unstable – the AOC tried to glue together 13 separate nations – squares – all wanting to do their own thing By 1787 the Articles were not functioning at all. They made the United States weak and unable to respond to English military forts on our borders and Spain closing the Mississippi River to shipping traffic. Another concern was poor farmers who took up guns (Shays’ Rebellion) to protest the horrible economic situation. Something needed to be done. In May of 1787, 55 men met in Philadelphia to “revise” the Articles

Is there a balance between the extremes? Unitary is too much like Britain’s system. Even those who like a unitary system know it would never pass Confederal is too weak. Centralized Decentralized

The First Federal System Central govt – shares power with states State govts – shares power with central govt Citizens – vote for both state and central govt officials Federal System – a blend of Unitary and Confederal systems. The Constitution created the first federal system in the world. It is now widely copied around the world. The Constitution (1788-Present) The Constitution solved many problems of the AOC: 1. Problem: The circle was not powerful enough Solution: The US was the first nation to ever use this system. It was an American invention that has been copied by many nations around the world. It was a combination of the English system and a Confederation. ASK STUDENTS HOW CONSTITUTION SOLVED! 2. Problem: The AOC only had one branch of government (the Unicameral Congress) Solution: Three Branches (Congress, President, Supreme Court) CONSTITUION SOLVED? 3. Problem: Under the AOC, each state got one vote (no matter the size of their population) Solution: Great Compromise 􀂃 Upper House (Senate) 􀂃 Lower House (House of Reps) Bi-directional arrow shows that the subdivisions are not left powerless.

How the circle and the squares get along Federalism How the circle and the squares get along

What is Federalism Federalism: constitutional division of power between state (square) and national govt (circle) Both get their powers from the Constitution, not each other. Two or more governments exercise power and authority over the same people in the same territory

Reasons, briefly, please. . . . Unity, not uniformity Allows for differences amongst states… geographically large nation heterogeneous population More likely to check tyranny Inefficiency but…remember… Encourages experimentation Keeps govt close to people – access points Allows for unity, not uniformity (Unitary System) Allows for differences amongst states More suitable for geographically large nation More suitable for heterogeneous population Allows for differences More likely to check tyranny Encourages experimentation States become labs (NV, CA) Keeps government closer to the people Multiple points of contact / access for citizens

Structure of American Federalism

Structure National Powers – 3 categories of power Expressed/Enumerated Implied Inherent State Powers (Reserve) Basis in Amendment 10 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. I. National powers. National govt. has 3 categories of powers that are delegated to it. Here are the categories of the delegated powers:   A. Expressed (enumerated): actually stated in the Const. B. Implied: not stated explicitly, but suggested implicitly. Importance of elastic clause. C. Inherent: not stated explicitly, but held by the national govt. by virtue of its being a national govt. Any govt. is entitled to certain foreign policy powers such as diplomatic recognition, acquiring territory, or defending itself.  II. State powers: reserved. A. Amendment 10 states that any powers not granted to the national govt. are reserved for the states. B. Examples: establishing voting requirements, running elections, licensing professionals, protecting community health, establishing a vehicle code.

Powers Federal Government Coin money Regulate the economy and foreign and interstate commerce Declare war Manage national military Direct foreign relations Establish Post Offices States (RESERVED) Issue Licences Create local level of govt Regulate intrastate commerce Hold elections Ratify amendments Conduct social policymaking Establish local governments

Concurrent Powers Granted to Congress but not denied to states Held by both state and federal gov’ts How many can you name???? Questions of fed/state authority decided by courts

Shared (Concurrent) Powers Make and enforce laws Collect taxes Maintain courts Allocate money for public needs Build roads Law enforcement Charter banks and corporations

National Supremacy Article VI The Constitution, federal laws, and treaties are the “supreme law of the land” This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Vertical Federalism Article VI, the Supremacy Clause T supremacy of the national government in its relationship with the states. establishes vertical federalism.

Powers Denied National Government State Governments May not violate the Bill of Rights May not impose export taxes among states May not use money from the Treasury without the passage and approval of an appropriations bill May not change state boundaries May not enter into treaties with other countries May not print money May not tax imports or exports May not Impair obligations of contracts May not suspend a person's rights without due process In addition, neither the national government nor state governments may: Grant titles of nobility Permit slavery (13th Amendment) Deny citizens the right to vote due to race, color, or previous servitude (15th Amendment) Deny citizens the right to vote because of gender (19th Amendment)

Obligations Federal  States States (Article IV) Guarantee republican form of gov’t, protect states from invasion, grant new states same rights as existing states States (Article IV) Full faith and credit (respect obligations of other states) Same sex marriage?? Privileges and immunities clause—same rights as other states Extradition Interstate compacts require consent of Congress

Horizontal Federalism Article IV, the Interstate Relations Article Under the Constitution, all states are equal and must treat each other as equals. establishes horizontal federalism which defines the relationship among the states.

Theories of Federalism Dual Federalism Up to approx 1937 State and national gov’ts reigned supreme in their own spheres Layered—like a cake—each were distinct Cooperative (Marble Cake) Federalism Post 1937 Mingling of responsibilities Sharing power Suggests that fed power needs to broadly interpreted