1. Chapter 3 FEDERALISM AND AMERICAN POLITICAL DEVELOPMENT
Institutional/Historical Focus: Federalism and the Constitution
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2. Political Principles of American Federalism
The Declaration of Independence outlined the justifications for American Independence (freedom, liberty, inalienable rights), it did not establish a government
The Articles of Confederation and the U.S. Constitution distributed powers and responsibilities between the federal, state, and local governments
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3. Political Principles of American Federalism
The exact nature of this federal system has been a matter of debate since the Constitutional Convention of 1787.
The Articles of Confederation established a confederacy where the majority of power resided in state governments.
The Articles contained no provision for a national judiciary, army, or the power to tax.
Each state held a veto over amending the Articles.
Nine states had to agree to major legislation in order for it to be binding.
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4. Political Principles of American Federalism
Ratification of the Constitution in 1789 combines
the Declaration’s philosophical tenets of individual freedom and liberty
the Article’s commitment to a sphere of sovereignty for the states
increased the strength of the national government.
In turn, the United States Constitution provides for a federal system of government.
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5. The Constitution and American Federalism
With the perceived failure of the Articles of Confederation, America needed a new constitution.
Given the colonists’ attachment to states’ rights, this new structure included both:
An effective national government
Sovereign state governments.
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6. The Constitution and American Federalism
The Framers, especially James Madison, sought to form a system of government in which:
the states and the central government shared powers
but also had exclusive powers enumerated in the Constitution.
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7. The Constitution and American Federalism
Framers’ belief in a federal system is seen throughout the institutional structure of the Constitution
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8. The Constitution and National Powers
State laws subservient to federal laws enacted by Congress (supremacy clause)
Congress enacts “necessary and proper” legislation, which cannot conflict with Constitution
Congress has exclusive jurisdiction over certain domestic matters (regulation of interstate commerce)
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9. The Constitution and National Powers (cont.)
Constitution establishes a national executive (President).
Constitution created a national judiciary with original and appellate jurisdiction applied over the other branches of the national government as well as their state equivalents.
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10. The Constitution and States’ Powers
Powers not provided to the federal government are reserved to the states and the people
States are responsible for regulating internal concerns
States may establish banks and borrow money for internal development
Local governments are under the jurisdiction of states
The 5th and 14th Amendments provide protection for individuals from either federal or state government interventions.
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11. Interstate Relations
The Constitution also makes provisions about interstate relations.
Article IV, section 1, provides that states must give “Full Faith and Credit” to other states’ laws, citizens, and criminal justice procedures.
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12. Interstate Relations Constitutional provisions (cont.):
Privileges and Immunities, Article IV, section 2, provides that citizens of one state be afforded equal protections in other states as to their freedoms.
Article IV, section 2, provides for extradition: that a fugitive from justice may be extradited (returned) to the state where the crime was committed.
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13. Unresolved Debates
Debate continues concerning the scope of federal involvement in policies affecting certain states based upon their geographical location.
For example:
The American Southwest and immigration policy
Gay marriage recognition
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14. Unresolved Debates Deployment of the National Guard overseas.
The national government has responsibility for dealing with interstate and international security and economic affairs while the state governments retain those powers concerning domestic affairs.
Given historical events the lines between state and federal power are unclear.
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15. The Growth of the National Government
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16. Offsetting trends: The Rise and Fall of Fiscal Federalism
Grants-in-aid to the states rose between the FDR and early Carter administrations but have declined since then due to devolutionary schemes by the later Carter and Reagan administrations with some fits and starts under Clinton and W. Bush.
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17. Rise and Fall of Fiscal Federalism
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