1. Designed to protect the rights of the citizens
Federalism
Designed to protect the rights of the citizens

2. Question
Did the States create the federal government or did the federal government create the States?

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

4. Characteristics of Federalism
Separations of powers/Checks and balances
Balance of power
Different jurisdictions of power (local, state, and federal)
Reserved powers
Supremacy Clause
Characteristics of Federalism

5. No branch can function independently without influence of other branches
Each level of government has expressed powers and no others
At least three levels of powers exist, and each is often unique (local, state, national)
Federal civil rights are protected for individuals against the states
If conflicts can be resolved by national authority
Incorporation
How it protects YOU!

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

7. Defends the Constitution
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.”
Defends separation of powers between state and national gov’t
Federalist #51

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

9. 2 Federalisms? OLD SCHOOL – Dual Federalism
Federal and state governments remain dominant in their separate spheres of influence
Gibbons v. Ogden proved life is not that simple
NEW SCHOOL – Cooperative Federalism
State and Federal governments work together to solve complex problems
2 Federalisms?

10. Dual Federalism Dual Federalism – Layer Cake:
state and federal gov’t are independent, yet interrelated
Judicial jurisdiction: State vs. Federal laws
Separate Bill of Rights
Separate definitions of citizenship for individual states
Federal
State
Dual Federalism

11. Cooperative Federalism
Marble Cake: Mixed set of responsibilities in which all levels of government are engaged in a variety of issues
Federal authority: interstate commerce and issues related to interstate commerce (civil rights)
Civil rights from the federal B.o.R applies to the states (14th Amendment)
Citizenship a national issue
Cooperative Federalism

12. Cooperative Federalism
Favors the federal powers
States need money, ask federal gov’t for help, federal rules override state choices
All states must follow minimum federal civil rights standards
Interstate commerce has a wide interpretation to include all economic activity
Cooperative Federalism

13. Competitive: National government, States, and localities all trying to compete with each other over ways to hand out goods/services packages
Permissive: Even though powers are to be shared the States’ powers rest with the National gov’t’s permission
Other Forms

14. New Federalism Richard Nixon
Established the program to place responsibility on the states for spending grant money
Return more civil rights, tax authority, and control of federal funds to the states
Continued under Ronald Reagan and George H.W. Bush
New Federalism

15. Advantages Avoids concentration of power
Unity without Uniformity (Diverse local governments)
Experimentation
Training for Future Leaders
Government close to the People
State governments already existed

16. Disadvantages Slow response time to national problems
Difficult to know who is responsible, duplicate offices
Conflicts of authority may arise
So many policies can lead to inefficiency

17. Some see the 1930s as the beginning of an era of national supremacy, in which the power of the states has been consistently diminished.

18. Powers of National Government
Delegated Powers (Enumerated)
– powers given to Fed gov’t by Constitution
Concurrent Powers – shared
Prohibited Powers – denied from both
Inherent – because the US must represent all states
Reserved – Amendment 10
Implied – Not expressed but inferred powers (Necessary and Proper Clause)

19. Delegated Powers Regulate interstate and international trade
Coin money
Declare war
Provide an army and navy
Establish a postal system
Establish lower federal courts
Enforce copyrights
Sign treaties
Conduct foreign relations
Make all laws “necessary and proper”
Admit new states
Regulate immigration/naturalization

20. Reserved Powers of the States (10th Amendment)
Regulate intrastate trade
Establish local governments and Education
Pass statewide laws and professional requirements
safety belt laws
gun laws, etc.
Teaching licenses, etc.
Voting/Election requirements
Protect the public’s health, welfare, and morals

21. Concurrent Powers Power to tax Maintain courts Borrow money
Charter Banks
Spend for general welfare
Enact and enforce laws

22. Inherent Powers
Derive from the fact that the United States is a sovereign power among nations
national government must be the only government that deals with other nations.

23. Powers Denied to Congress
No bill of attainder or ex post facto law
Bill of attainder: singling out a person or group without a trial
Ex post facto: passing a law making an act illegal retroactively
No taxation without a census
No tax shall be laid on exports from any state
No titles of nobility
No money shall be drawn from the treasury

25. Interstate Relations Full Faith and Credit Clause
Recognize legal documents of other states
Privileges and Immunities Clause
Nonresidents may travel, buy, sell, and hold property. Cannot vote or hold office
Extradition
Returning criminals who have crossed state lines
Interstate compacts
Working together to solve problems, “hot- pursuit agreements”, regulating shared resources

26. Supremacy Clause (Article VI, Clause 2)
Makes the Constitution the Supreme Law of the Land.
States cannot use their reserved or concurrent powers to thwart national policies.
National legislation is said to preempt (take precedence over) conflicting state or local laws

27. Supremacy Clawz

28. The Courts as the Umpire of Federalism
McCulloch v. Maryland (1819)
The government of Maryland imposed a tax on the Second Bank of the United States (a national bank) in Baltimore in an attempt to put that branch out of business.
The bank’s cashier, McCulloch refused to pay the tax.
When Maryland took McCulloch to its state court, the state of Maryland won.
The national government appealed the case to the Supreme Court.

29. Constitutional Question
Does the national government have the implied power under the necessary and proper clause to charter a bank and contribute capital to it?
Answer:
John Marshall’s Court held that if establishing a national bank aided the national government in the exercise of its designated powers, then the authority to set up such a bank could be implied.

30. Constitutional Question
If the bank was constitutional, could a state tax it (made invalid under the supremacy clause)?
Answer
Marshall states that no state can tax the national government ** The Marshall Court established the doctrine of national supremacy with this court case.
-John Marshall reaffirmed Supremacy Clause and Elastic Clause
-National (Federal) Gov gets STRONGER

31. Elastic Clause Aka – “Necessary and Proper Clause”
Art. I, Sec. 8, Cl. 18
Impossible to predict all powers Congress will need to function, sometimes we might have to allow Congress extra powers to fulfill their delegated powers

32. 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.” Includes all economic activity

33. Gibbons v. Ogden (1824)
1824 – aka “The Steamboat Case” Ogden received a state licensed monopoly to run a ferry across the Hudson River Gibbons obtained a federal license. Ogden sued saying he had the valid state license, even though Gibbons had US license

34. Gibbons v. Ogden (1824) Result – Gibbons wins
Marshall Court says only national gov’t can regulate interstate commerce, not individual states
Commerce Clause
Fed Gov’t gets STRONGER
All trade today is primarily controlled by national law
Gibbons v. Ogden (1824)

35. Commerce Clause
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 Fed gov’t power increased

36. Gonzalez v. Raich (2005) Medicinal Marijuana
Controlled Substance Act (1970) – US gov regulates all aspects of drugs
Medicinal marijuana was legalized in CA, but illegal to US gov’t
Raich argued commerce clause should not take effect because it never crossed state borders
Scotus ruled against saying that the fed gov’t trumps state law due to its potential impact on interstate commerce

37. Marbury v. Madison (1803)
Established judicial review - affirms the Court’s position as a coequal branch of government having considerable influence on the politics of government and direction of public policy.
John Marshall Supreme Court Justice
Marshall ruled against Marbury stating that it wasn’t under the Supreme Court’s original jurisdiction

38. Fiscal Federalism
National gov’t’s patterns of spending, taxing, and providing grants to influence state and local governments
Grants-in-aid
Categorical grants
Block grants
Revenue sharing
mandates

39. Grants-in-Aid
Money and resources to be used by the state/local gov’t for specific projects and programs
Public works: canals, roads, railroads, and land grants for colleges

40. Categorical Grants Grants that have a specific purpose defined by law
Sewage treatment facilities, school lunches
Can require states to match funds

41. Block Grants
General grants that can be used for a variety of purposes within a broad category
Education, healthcare, public services
Fewer strings attached, state/local gov’t have more freedom, preferred by states over categorical

42. Revenue Sharing Proposed under Pres. Johnson and continued by Nixon
“No strings attached” form of aid to state/local gov’ts
Can be used by virtually any project but never exceeded more than 2% of revenues
Eliminated by Reagan administration

43. Mandates
A requirement that a state undertake an activity or provide a service
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

44. 1986 – Asbestos Emergency Response Act, Handicapped Children’s Protection Act 1988 – Drug-free Workplace Acts, Ocean Dumping Ban 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 – Public schools have to use Internet filtering or schools lose e-rate subsidies
Mandates

45. Unfunded Mandates Civil Rights Act of 1957 and 1964
Voting Rights Act of 1965
Medicaid 1965
Americans With Disabilities Act of 1990
Motor Voter Registration Act
Challenged by the Rep Congress of 1994
Affordable Care Act of 2010
*Unfunded Mandates Reform Act of 1995
Unfunded Mandates

46. Revenue Sharing
the dispensing of a portion of federal tax revenue to state and local governments to assist in meeting their monetary needs

47. Change in Spending 17% 23% 60% 47% 30% 64% 19% 66% 15% 1929 1939 1960
Shift towards Federal Gov’t Spending
Federal
State
Local (City)
1929
17%
23%
60%
1939
47%
30%
1960
64%
19%
1997
66%
15%

48. New Federalism and Devolution
New Federalism – was labeled by President Nixon ( ) – its goal is to restore to the states some of the powers that have been exercised by the national government since the 1930s.
Devolution is the return of power to the state government
Idea is fueled by distrust of the federal government and the desire to save money by reducing the size of the “bloated federal government”

49. The Supreme Court and New Federalism
Reining in the Commerce Power: United States v. Lopez (1995) the Supreme Court held that Congress had exceeded its constitutional authority under the commerce clause when it passed the Gun-Free School Zones Act in 1990.
This marked the first time in 60 years that the Supreme Court had placed a limit on the national government’s authority under the commerce clause.
10th Amendment Issues
Federal gov’t may not issue orders or directives to enforce or administer federal regulatory programs

50. United States v. Lopez (1995)
Commerce clause quiz!!!
1995 – “Gun Free School Zone” law banned possession of a firearm within 1000 feet of a school, 12th Grade student Lopez carried a gun on to school property. Charged under federal law.
Issues
Does the GFSZA exceed Congress’ authority under the Commerce Clause?
What categories of activity may Congress regulate under its commerce power?
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
United States v. Lopez (1995)

51. Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Eliminated welfare and transferred the money to states as block grants
States decided how to spend the money but with the knowledge that Congress was counting on anti- poverty spending”
Strings attached: head of family must work or lose benefit; lifetime benefits limited to 5 years; unmarried mother < 18 only receive $ if stay in school and live with adult; immigrants ineligible for 5 years
Devolution Example

52. Living under 2 governments is great… Built on compromise, promotes unity Gov’t duties can be split up Brings gov’t closer to people Allows for state gov’t to address issues in unique regions of the country Allows states to experiment with policy before enacting it at the federal level – Ex. Vermont’s free health care for children
Federalism is good

53. Living under 2 governments is bad… States can impede progress of Nation States are unequal States have different policy Easier for states to be dominated by interest groups
Federalism is bad

54. Examples of Federalism
States can not make laws that segregate, coin their own money, change the drinking age, etc.
States can make laws about abortion, same-sex marriage, assisted suicide, gun laws, capital punishment, traffic laws
Examples of Federalism

55. Forrest Gump and Federalism
What issue is going on here?
What do you think the state of Alabama wanted?
How did this differ from the federal government?
Who won? State or federal?
Forrest Gump and Federalism

56. The scene exemplifies the conflict that existed between the state of Alabama and the national government.
Governor Wallace is standing in front of the door to one of the buildings at the University of Alabama in an attempt to stop the desegregation of that institution by two African American students on June 11, 1963.
When confronted by federal marshals, he stepped aside.
Answers