1. How the circle and the squares get along
American Government
Ch. 03 Federalism
How the circle and the squares get along

3. Disaster Relief
American Government
Who’s job was it to clean up Houston and the rest of the coast after Harvey?

4. No Child Left Behind Common Core
American Government
Should the national gov’t step in to regulate school performance?

5. What is Federalism?
American Government
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)

6. Marbury v. Madison (1803) Established the power of Judicial Review:
The power that the Supreme Court has to overturn laws/actions that are unConstitutional.
Writ of Mandamus: a court order directing an official to perform an official duty.

7. Powers reserved to FED. Gov.
coin money
regulate economy and foreign and interstate commerce
declare war
manage the national military
direct foreign relations
ENUMERATED POWERS

8. Powers reserved for States
create local level gov’s
Regulate intrastate commerce
RESERVED POWERS

9. Powers shared by Fed and States
Conduct social policy making
Propose amendments
Make and enforce laws
Collect taxes
Allocate money for public needs
Hold courts and elections
CONCURRENT POWERS

10. Federalist #51 Defends the Constitution
American Government
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

11. PROHIBITED Powers States Can NOT: Make treaties with foreign gov’s
American Government
States Can NOT:
Make treaties with foreign gov’s
Authorize privateers
Coin money
Tax imports and exports
Tax foreign ships
Keep troops
Engage in war

12. Elastic Clause Aka – “Necessary and Proper Clause”
American Government
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.”
Implied Power: inferred from the express powers that allow Congress to carry out functions.

13. Interstate Relationships
Article IV, Section 2 of the C.
“FULL FAITH and CREDIT CLAUSE”
1. state courts enforce civil judgments of other state courts.
2. states privileges and immunities be extended to residents of other states.
3. extradition between states
4. compacts between two states must be approved by Congress.

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

15. McCulloch v. Maryland (1819)
American Government
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.
Relationship between states and Fed.
IMPLIED POWERS est.

16. McCulloch v. Maryland (1819)
American Government
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

17. “COMMERCE CLAUSE”
American Government
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
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.

18. Gibbons v. Ogden (1824) 1824 – aka “The Steamboat Case”
American Government
1824 – aka “The Steamboat Case”
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.
Ogden sued saying he had the valid state license, even though Gibbons had US license

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

20. Commerce Clause Who cares? Why is it important?
American Government
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

21. United States v. Lopez (1995)
American Government
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”
LIMITED National government power

22. Gonzalez v. Raich (2005)
American Government
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.
Supreme Court ruled 6-3 against Raich saying that the federal government could trump state laws that permitted medicinal marijuana

23. 2 Federalisms? OLD SCHOOL – Dual Federalism
American Government
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

24. 2 Federalisms TWO METAPHORS… Dual Federalism – Layer Cake
American Government
TWO METAPHORS…
Dual Federalism – Layer Cake
Federal
State
Cooperative Federalism – Marble Cake

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

26. Grants-in-Aid
American Government
Money paid from one level of government to another to be spent for a specific purpose
Categorical Grants: - target specific purposes and “strings attached.”
Block Grants: – given for broad, general purposes and allow more discretion on how the money is spent (ex. Welfare reform)
Project Grants: represent funds for projects that are applied for by non gov. agencies.

27. Mandates
American Government
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

28. Mandates
American Government
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

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

30. “DEVOLUTION” Devolution is the return of power to the state gov
American Government
Devolution is the return of power to the state gov
Idea is fueled by distrust of the federal gov and the desire to save money by reducing the size of the “bloated federal government”

31. Devolution Example
American Government
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Eliminated welfare and transferred the money to states as block grants
States received wide latitude on how to administer “workfare” 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

32. Federalism is good Living under 2 governments is great…
American Government
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

33. Federalism is bad Living under 2 governments is bad…
American Government
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

34. The unwritten Constitution
Congressional elaboration: legislation that gives further meaning to the C. based on sometimes vague C. authority.
impeachment: formal accusation by a lower house official against a public official. The 1st step to removal from office.
executive order: a directive issued by a governor or president that has the force of law.

35. The unwritten C. Cont’
executive privilege: the power to keep executive communications private.
Impoundment: presidential refusal to allow an agency to spend funds that Congress authorized and appropriated.
Judicial interpretation: how the Supreme Court interprets the C. either as it is written or as they suppose it was meant.