Chapter 4: Federalism James Madison mocracyinamerica/dia_3/dia_3_vi deo.html mocracyinamerica/dia_3/dia_3_vi deo.html

Terms you need to know after this presentation… Federalism Federalism Federalist #51 Federalist #51 Delegated powers Delegated powers Reserved powers Reserved powers Concurrent powers Concurrent powers Prohibited powers Prohibited powers Elastic clause Elastic clause McCulloch v. Maryland (1819) McCulloch v. Maryland (1819) Commerce clause Commerce clause Gibbons v. Ogden (1824) Gibbons v. Ogden (1824) Dual Federalism Cooperative Federalism Grants-in-aid Categorical grant Block grant Mandate Devolution Pros and cons of federalism

Disaster Relief Who’s job was it to clean up New Orleans and the rest of the coast after Katrina? Who’s job was it to clean up New Orleans and the rest of the coast after Katrina?

No Child Left Behind Should the national gov’t step in to regulate school performance? Should the national gov’t step in to regulate school performance?

What is Federalism? Federalism – Two or more governments exercise power and authority over the same people in the same territory. Federalism – Two or more governments exercise power and authority over the same people in the same territory. OR… the relationship between the federal government (circle) and the state governments (squares) OR… the relationship between the federal government (circle) and the state governments (squares)

Federalist #51 Defends the Constitution Defends the Constitution Explains why a strong gov’t is necessary Explains why a strong gov’t is necessary “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.” “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.” Defends separation of powers between state and national gov’t Defends separation of powers between state and national gov’t

Powers - Delegated Powers (enumerated powers) – powers given to Fed gov’t by Constitution - Reserved Powers – state power alone - Concurrent Powers – shared - Prohibited Powers – denied from both - Ex. Neither gov’t can tax exports

Elastic Clause Aka – “Necessary and Proper Clause” Aka – “Necessary and Proper Clause” Art. I, Sec. 8, Cl "The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.“ Art. I, Sec. 8, Cl "The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.“ Impossible to predict all powers Congress will need to function, sometimes we might have to allow Congress extra powers to fulfill their delegated powers Impossible to predict all powers Congress will need to function, sometimes we might have to allow Congress extra powers to fulfill their delegated powers

McCulloch v. Maryland (1819) Background: yg Bank of the US operated in Maryland Bank of the US operated in Maryland Maryland did not want BoUS to operate in state, competition unwanted, unfair. Maryland did not want BoUS to operate in state, competition unwanted, unfair. Maryland taxed the bank to put it out of business Maryland taxed the bank to put it out of business McCulloch, BoUS employee, refused to pay the state tax McCulloch, BoUS employee, refused to pay the state tax

McCulloch v. Maryland (1819) Is a Bank of the US Constitutional? Is a Bank of the US Constitutional? YES. The national gov’t has certain implied powers that go beyond delegated powers. US needs a national bank for borrowing, lending, holding minted money, etc. All of which are delegated powers.

McCulloch v. Maryland (1819) Can a state tax the federal gov’t? -NO. The federal gov’t is supreme. Since the BoUS is constitutional, only the feds may tax it. -John Marshall reaffirmed Supremacy Clause and Elastic Clause -National (Federal) Gov gets STRONGER

Supremacy Clause Article VI of the Constitution mandates that actions by the national government are supreme. Article VI of the Constitution mandates that actions by the national government are supreme. Any conflict between a legitimate action of the national government and a state will be resolved in favor of the national government. Any conflict between a legitimate action of the national government and a state will be resolved in favor of the national government

Commerce clause Art. I, Sec. 8, Cl. 3 – ‘The Congress shall have power - To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” Art. I, Sec. 8, Cl. 3 – ‘The Congress shall have power - To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” Congress has used the elastic clause to stretch this power Congress has used the elastic clause to stretch this power What is commerce? “Buying and selling of goods and services.” What is commerce? “Buying and selling of goods and services.” Congress given the power to regulate commerce between foreign countries and US as well as state to state… they control business law. Congress given the power to regulate commerce between foreign countries and US as well as state to state… they control business law.

Gibbons v. Ogden (1824) 1824 – aka “The Steamboat Case” 1824 – aka “The Steamboat Case” Ogden received a state licensed monopoly to run a ferry across the Hudson River Ogden received a state licensed monopoly to run a ferry across the Hudson River Gibbons also saw the potential of the traffic between NJ and NY and obtained a federal license. Gibbons also saw the potential of the traffic between NJ and NY and obtained a federal license. Ogden sued saying he had the valid state license, even though Gibbons had US license Ogden sued saying he had the valid state license, even though Gibbons had US license

Gibbons v. Ogden (1824) Result – Gibbons wins Expanded national power in all areas of commerce law because nation overruled state in interstate trade issues Expanded national power in all areas of commerce law because nation overruled state in interstate trade issues Fed Gov’t gets STRONGER Fed Gov’t gets STRONGER All trade today is primarily controlled by national law All trade today is primarily controlled by national law

Commerce Clause Who cares? Why is it important? Who cares? Why is it important? Gibbons v. Ogden ruling makes a loop hole giving Congress power to take control over any issue involving the movement of people, or things Gibbons v. Ogden ruling makes a loop hole giving Congress power to take control over any issue involving the movement of people, or things Fed gov’t power increased Fed gov’t power increased

Dred Scott v. Sandford (1857) The Supreme Court articulated the idea of dual federalism in which separate but equally powerful levels of government is preferable, and the national government should not exceed its enumerated powers. The Supreme Court articulated the idea of dual federalism in which separate but equally powerful levels of government is preferable, and the national government should not exceed its enumerated powers. The Taney Court held that Mr. Scott was not a U.S. citizen and therefore not entitled to sue in federal court. The Taney Court held that Mr. Scott was not a U.S. citizen and therefore not entitled to sue in federal court. &feature=related &feature=related &feature=related &feature=related

Dred Scott v. Sandford (1857) The case was dismissed and Scott remained a slave. The case was dismissed and Scott remained a slave. Chief Justice Roger Taney further wrote that Congress had no power to abolish slavery in the territories and slaves were private property protected by the Constitution. Chief Justice Roger Taney further wrote that Congress had no power to abolish slavery in the territories and slaves were private property protected by the Constitution. MO Compromise was unconstitutional. MO Compromise was unconstitutional.

The Civil War and Beyond Dual federalism remained the Supreme Court's framework for federalism and the prevailing notion in the Reconstruction and Progressive Eras. Dual federalism remained the Supreme Court's framework for federalism and the prevailing notion in the Reconstruction and Progressive Eras. Dual federalism finally ended in the 1930s, when the crisis of the Great Depression demanded powerful actions from the national government. Dual federalism finally ended in the 1930s, when the crisis of the Great Depression demanded powerful actions from the national government.

United States v. Lopez (1995) Commerce clause quiz!!! Commerce clause quiz!!! 1995 – “Gun Free School Zone” law banned possession of a firearm within 1000 feet of a school, 12 year old Lopez carried a gun on to the property 1995 – “Gun Free School Zone” law banned possession of a firearm within 1000 feet of a school, 12 year old Lopez carried a gun on to the property Declared law unconstitutional – “nothing to do with commerce” – carrying a weapon through a school zone is too much of a stretch for “commerce”. Declared law unconstitutional – “nothing to do with commerce” – carrying a weapon through a school zone is too much of a stretch for “commerce”. LIMITED National government power LIMITED National government power

Gonzalez v. Raich (2005) Commerce clause quiz!!! Medicinal Marijuana Commerce clause quiz!!! Medicinal Marijuana Controlled Substance Act (1970) – US gov regulates the manufacture, importation, possession, and distribution of certain drugs Controlled Substance Act (1970) – US gov regulates the manufacture, importation, possession, and distribution of certain drugs Medicinal marijuana was legalized in California, but illegal to US government. Raich argued commerce clause should not take effect because 1) there was no business transactions and 2) there were no state border issues. Medicinal marijuana was legalized in California, but illegal to US government. Raich argued commerce clause should not take effect because 1) there was no business transactions and 2) there were no state border issues. Supreme Court ruled 6-3 against Raich saying that the federal government could trump state laws that permitted medicinal marijuana. Supreme Court ruled 6-3 against Raich saying that the federal government could trump state laws that permitted medicinal marijuana.

2 Federalisms? OLD SCHOOL – Dual Federalism OLD SCHOOL – Dual Federalism Federal and state governments remain dominant in their separate spheres of influence Federal and state governments remain dominant in their separate spheres of influence Gibbons v. Ogden proved life is not that simple Gibbons v. Ogden proved life is not that simple NEW SCHOOL – Cooperative Federalism NEW SCHOOL – Cooperative Federalism State and Federal governments work together to solve complex problems State and Federal governments work together to solve complex problems

2 Federalisms TWO METAPHORS… Dual Federalism – Layer Cake Dual Federalism – Layer Cake Cooperative Federalism – Marble Cake Federal State

Grants-in-Aid Money paid from one level of government to another to be spent for a specific purpose Money paid from one level of government to another to be spent for a specific purpose Categorical Grants - target specific purposes and “strings attached.” (States receive funds if state raised age to 21 and lowered BAC to.08) Categorical Grants - target specific purposes and “strings attached.” (States receive funds if state raised age to 21 and lowered BAC to.08) Block Grants – given for broad, general purposes and allow more discretion on how the money is spent (ex. Welfare reform) Block Grants – given for broad, general purposes and allow more discretion on how the money is spent (ex. Welfare reform)

Federal Grant-in-Aid Outlays,

Fiscal Federalism Fiscal means $ Fiscal means $ Q – How do you get the states to do things they normally wouldn’t do? Q – How do you get the states to do things they normally wouldn’t do? A – Money A – Money Q – What is the answer to any question ever asked? Q – What is the answer to any question ever asked? A – Money A – Money

Fiscal Federalism Fiscal Federalism continued… Fiscal Federalism continued… The Scramble for Federal Dollars The Scramble for Federal Dollars $300 billion in grants every year $300 billion in grants every year Universalism- a little something for everybody Universalism- a little something for everybody The Mandate Blues The Mandate Blues Mandates are the “strings” attached to federal money Mandates are the “strings” attached to federal money Unfunded mandates are requirements on state & local governments- but no money Unfunded mandates are requirements on state & local governments- but no money

Mandates A requirement that a state undertake an activity or provide a service A requirement that a state undertake an activity or provide a service Most apply to Civil Rights and the Environment Most apply to Civil Rights and the Environment Often times the states or local gov’ts have to pay the bill of the mandate set by Congress Often times the states or local gov’ts have to pay the bill of the mandate set by Congress

Mandates 1986 – Asbestos Emergency Response Act, Handicapped Children’s Protection Act 1986 – Asbestos Emergency Response Act, Handicapped Children’s Protection Act 1988 – Drug-free Workplace Acts, Ocean Dumping Ban Act 1988 – Drug-free Workplace Acts, Ocean Dumping Ban Act 1990 – Clean Air Act 1990 – Clean Air Act EX – Columbus, OH spends 23% of the city budget trying to meet environmental mandates (including testing for pesticides used on rice and pineapple) EX – Columbus, OH spends 23% of the city budget trying to meet environmental mandates (including testing for pesticides used on rice and pineapple) EX – Public schools have to use Internet filtering or schools lose e-rate subsidies EX – Public schools have to use Internet filtering or schools lose e-rate subsidies

Understanding Federalism Advantages for Democracy Advantages for Democracy Increasing access to government Increasing access to government Local problems can be solved locally Local problems can be solved locally Hard for political parties / interest groups to dominate ALL politics Hard for political parties / interest groups to dominate ALL politics Disadvantages for Democracy Disadvantages for Democracy States have different levels of service Local interest can counteract national interests Too many levels of government- too much money

Examples of Federalism

The Devolution Revolution Devolution = delegation of power & responsibility Devolution = delegation of power & responsibility Clinton Era reaction to growth in power of the national government due to Republican majority in both houses of Congress Clinton Era reaction to growth in power of the national government due to Republican majority in both houses of Congress President Clinton: responsibility to administer federal programs as chief executive President Clinton: responsibility to administer federal programs as chief executive SOH Gingrich: roll back scope of federal government and give back of power to the states SOH Gingrich: roll back scope of federal government and give back of power to the states

The Devolution Revolution Contract with America: shift responsibilities to states; Unfunded Mandate Reform Act of 1995 Contract with America: shift responsibilities to states; Unfunded Mandate Reform Act of 1995 Gore’s Presidental Task Force on Reinventing Government - traditional Republican issue Gore’s Presidental Task Force on Reinventing Government - traditional Republican issue

Federalism and the Supreme Court Poll after poll showed that Americans began to think that the national government was too big, too strong, and too distant to understand their concerns. Poll after poll showed that Americans began to think that the national government was too big, too strong, and too distant to understand their concerns. U.S. Supreme Court, once again, played a role in interpreting this new form of federalism. U.S. Supreme Court, once again, played a role in interpreting this new form of federalism. Cases involving abortion, gun control, environment, use of commerce clause, right to sue. Cases involving abortion, gun control, environment, use of commerce clause, right to sue.

Summary – Key Points to Remember Federalism is an important concept of the American system of government meant to limit the power of the national government. Federalism is an important concept of the American system of government meant to limit the power of the national government. The notion of Federalism has changed drastically since the New Deal in the 1930’s. The notion of Federalism has changed drastically since the New Deal in the 1930’s. In the 1960’s and 1970’s the scope of federal domestic policies and programs increased steadily. In the 1960’s and 1970’s the scope of federal domestic policies and programs increased steadily.

Summary – Key Points to Remember In the 1980’s Reagan began a rollback of federal funding for programs and funding to states. In the 1980’s Reagan began a rollback of federal funding for programs and funding to states. In the mid-1990’s Republican Congress promised to reduce the size and scope of the national government and “return power to the states.” In the mid-1990’s Republican Congress promised to reduce the size and scope of the national government and “return power to the states.”