Federalism Dr. Robert Sterken University of Texas at Tyler

Systems of Government Confederation - loose association of independent states Unitary - all power resides in the central government Federal - power is shared (only 11 out of the approximately 190 nations in the world have federal systems).

Federalism Unitary government was unacceptable due to the British experience and confederation had failed under the Articles, so the Founding Fathers created a half-way house they called federalism. Under federalism, power is divided among the states and the national government.

Defining Federalism Federalism is a way of organizing a nation so that two or more levels of government have formal authority over the same area and people.

Why is Federalism Important? The Federal system decentralizes our politics. Senators are elected as representatives of individual states With more layers of government, more opportunities exist for political participation Federalism enhances Judicial power through the necessity of deciding disputes between the levels of government.

Constitutional Basis of Federalism The writers of the constitution carefully defined the powers of the states and national governments. Supremacy Clause – Article VI states that three items are the supreme law of the land: The Constitution Laws of the national government Treaties (which can only be made by the national government).

The Framers feared government and wanted to limit it, they didn't want to put too much power into one set of hands. So they divided power vertically through federalism and horizontally through separation of powers among the three branches of government. Each branch would be independent and equal with different staffs and functions. Separation of Powers

Judges Judges in every state are specifically bound by the Constitution.

The Tenth Amendment “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.”

Evolution of Federalism- Dual Federalism separate and equally powerful levels of government national government state government

Establishing National Supremacy Three Key Events have largely settled the issue of how national and state powers are related: McCulloch v. Maryland (1819) Gibbons v. Ogden (1824) Civil War ( )

Evolution of Federalism: Nationalization ( ) National power is expanded by Court H McCulloch v. Maryland (1819) – “necessary and proper” clause-national bank H Gibbons v. Ogden (1824) – “commerce” clause – steamboat regulation

McCulloch v. Maryland (1819) Supreme Court ruled that national policies take precedence over state policies. Implied powers Enumerated powers (Article I section 8)

New York granted Robert Fulton a monopoly concession for steamship navigation on the Hudson River. The U.S. Congress also licensed a ships to sail on the Hudson. Gibbons v. Ogden (1824)

The main constitutional question in Gibbons was about the scope of Congress' authority under the Commerce Clause. In Gibbons, the Court ruled that interstate commerce includes more than simply direct dealings in products. It also includes other commercial activities. New York was found to be interfering in interstate commerce by granting a monopoly on the Hudson and lost the suit. Gibbons v. Ogden

Gibbons v. Ogden (1824) In Gibbons the US Supreme Court broadly defined commerce powers to encompass virtually every form of commercial activity.

Evolution of Federalism- Dual Federalism Phase I ( ) Dred Scott v. Sandford (1857)- slavery Phase II ( ) Plessy v. Ferguson (1896)- separate but equal doctrine

Civil War ( ) The Civil War settled militarily the issue of national supremacy.

Evolution of Federalism - Cooperative Federalism ( ) Ù The Great Depression Ù The New Deal - FDR Ù Federal and State governments share responsibilities Ù Federal grants - categorical

Evolution of Federalism: Creative Federalism ( ) 4 The Great Society--LBJ 4 Federal Government Increases in Strength over the State Governments 4 Increase in Federal Grants to State and Local Governments Senator Richard Russell and President Lyndon B. Johnson. (NLJ-WHPO-A-VN013)

New Federalism ( ) è revenue sharing è block grants è state and local government lobbies

Under a federal system, national policy is the same for everyone, but state policies can differ widely. Some simple examples: Death Penalty: FL yes MA no Dark Window Tinting for Cars: NV yes MI no Speed Limit: MI 70 mph MD 55 mph WY unlimited Fireworks: SD legal MN illegal

Relations Among the States The Constitution was designed to make America united – in other words to improve relations among the states and encourage unity. The Framers wanted a single country, not 13 squabbling semi- countries. Article IV requires states to give "full faith and credit" to each others' laws. This ensures that judicial decrees and contracts made in one state are legal and binding in other states.

As of July 1, 2000, Vermont recognized same-sex civil unions, according to a law passed by legislature in April The statute gives couples the same status as "married" couples but still defines "marriage" as a male-female union.