1. POL 101: U.S. Government
Dr. Kevin Lasher

2. Federalism is the division of power between the national government and the state governments

3. Madisonian Federalism (1787 Federalism)
““few and defined”
“”“broad and expansive”

4. Madisonian Federalism
1) Enumerated/express powers 2) Powers forbidden to national government 2a) Bill of Rights 3) Powers forbidden to the state governments 4) Supremacy clause 5) 10th Amendment
Madison said that the powers of the National Government should be FEW AND DEFINED while the powers of the State Governments should be BROAD AND EXPANSIVE

5. 2. Powers forbidden to national government
Article I, Section 9
No ban on slave trade until 1808
No ex post facto law or bill of attainder
No suspension of writ of habeas corpus
No title of nobility
Others

6. 2a. Bill of Rights Logically would “fit” in Article I, Section 9
However, members of first Congress decided to create new section as “amendments”

7. 3. Powers forbidden to state governments
Article I, Section 10
No titles of nobility, ex post facto law, bill of attainder
No coining money
No treaties with other countries
No offensive war

8. 4. Supremacy Clause Article VI
“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”
National laws WIN over state laws

9. 5. Tenth Amendment
“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.”
Powers of states go on forever and ever

10. ““few and defined”
“”“broad and expansive”

11. Modern Federalism

12. History of American Federalism
s 1) Limited National Government
1930s ) “First wave” of Big Government
) “Second wave” of Big Government
) Retrenchment
) New expansion ?????

13. Limited National Government, 1787-1930s
Madisonian Federalism was a fairly accurate description of the nature of federalism

14. Limited National Government, 1787-1930s
National government was limited in its actions
Fought wars, paid soldiers’ pensions, carried on diplomacy, acquired new lands, administered territories, gave away land to railroads
Not static: modest regulation of economy in late 1800s and early 1900s

15. “First Wave” of Big Govt, 1930s-1960
American people expected the national government to “do something” to combat the 25% employment rate and suffering of the Great Depression of the 1930s

16. “First Wave” of Big Govt, 1930s-1960
Democrats create many new government programs (New Deal) to try to “fix” the broken US economy
Agricultural subsidies, Wagner Act (unions), Social Security and unemployment, Works Progress Administration, SEC, FDIC, many others
National government is regulating the US economy to cure the depression and make sure another such collapse does not occur again

17. “First Wave” of Big Govt, 1930s-1960
Watershed: the national government is expanding its powers to “intervene” in the US economy in order to cure the depression and later to stabilize the economy

18. “First Wave” of Big Govt, 1930s-1960
Much greater expansion during World War II,
Huge expansion during war returns to levels of 1930s
Stabilization of “bigger government” in 1950s
The American people liked and wanted to preserve many of these “New Deal” programs

19. “Second Wave” of Big Govt, 1960-1980
1960s and 1970s saw more programs in the areas of civil rights and anti-poverty programs
LBJ’s “war on poverty”
Medicare and Medicaid introduced
Civil rights legislation
Environmental legislation in late 1960s

21. Late 1970s

22. Retrenchment,
Republican President Reagan promised to “shrink” the size of government
He failed to do so

23. Retrenchment,
However, the size and power of national government was “frozen” for the next two decades under Republicans Reagan and Bush 41 and Democrat Clinton

25. “New Expansion,” 2001-present
National security expansion following Sept. 11, terrorist attacks and two wars
More expansion after Great Recession of

27. Why expansion of the national government?
Election of “positive government” leaders
States could not/would not deal with certain issues
Crises of 20th and 21st centuries
Citizens expecting more from government
National government’s superior resources (until 1980s or so)
Superpower status
Supreme Court decisions to validate expansion
Especially in period

28. The End