1. Chapter 3 Federalism

2. Three Systems of Government Unitary System – centralized government in which local governments exercise only those powers given to them by the central government Confederal System – consists of a league of independent states, each having essentially sovereign power Federal System – power is divided by a written constitution between a central government and regional governments

3. Figure 3-1: The Flow of Power in Three Systems of Government

4. Why Federalism? A Practical Solution – to the dispute between advocates of a strong central government and states’ rights advocates Geography and population make it impractical to locate all political authority in one place Brings government closer to the people State governments train future national leaders State governments can be testing grounds for policy initiatives Federalism allows for many political subcultures

5. Constitutional Basis of Powers of the National Government Enumerated Powers – First 17 clauses of Article I, Section 8, examples include coining money, setting standards of weights and measures, declaring war Elastic Clause – the clause in Article I, Section 8, that grants Congress the power to do whatever is necessary to execute its specifically delegated power Inherent Powers – powers derive from the fact that the United States is a sovereign power among nations

6. The American Federal System – The Division of Powers between the National Government and the State Governments Selected Constitutional Powers National Government National and State Governments State Governments EXPRESSED To coin money To conduct foreign relations To regulate interstate commerce To levy and collect taxes To declare war To raise and support the military To establish post offices To establish courts inferior to the Supreme Court To admit new states IMPLIED “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.” (Article 1, Section 8, Clause 18) CONCURRENT To levy and collect taxes To borrow money To make and enforce laws To establish courts To provide for the general welfare To charter banks and corporations RESERVED TO THE STATES To regulate intrastate commerce To conduct elections To provide for public health, safety, and morals To establish local governments To ratify amendments to the federal constitution To establish a state militia

7. The American Federal System – The Division of Powers between the National Government and the State Governments Selected Powers Denied by the Constitution National Government National and State Governments State Governments To tax articles exported from any state To violate the Bill of Rights To change state boundaries To suspend the right of habeas corpus To make ex post facto laws To subject officeholders to a religious test To grant titles of nobility To permit slavery To deny citizens the right to vote because of race, color, or previous servitude To deny citizens the right to vote because of gender To tax imports or exports To coin money To enter into treaties To impair obligations of contracts To abridge the privileges or immunities of citizens or deny due process and equal protection of the laws

8. The Growth of the National Government McCulloch v. Maryland (1819)- established the implied powers of the national government and the idea of national supremacy – (from the necessary and proper clause) – (from the supremacy clause) Gibbons v. Ogden (1824) – established that the power to regulate interstate commerce was an exclusive national power – (from the commerce clause)

9. The Shift Back to States’ Rights in the Jacksonian Era Nullification – the idea that states could declare a national law null and void Secession – the withdrawal of a state from a union

10. War and the Growth of the National Government The defeat of the South ended the idea that states could secede from the Union. The defeat of the South also resulted in an expansion of the powers of the national government (the opposite of what te South was fighting for)  New governments employees were hired to conduct the war effort, and Reconstruction  A billion dollar budget was passed  A temporary income tax was imposed on citizens  Civil liberties were curtailed because of the war effort and the national’s government’s role expanded to include providing pensions to veterans and widows

11. The Continuing Dispute over the Division of Power Dual Federalism – the national and state governments as equal sovereign powers Cooperative Federalism – the idea that states and the national government should cooperate to solve problems

12. Federal Preemption from 1900 to the Present Source: U.S. Advisory Commission on Intergovernmental Relations, plus author’s update.

13. Federalism, the Supreme Court and the Commerce Clause United States v. Lopez – court rules Congress exceeded its authority under the commerce clause in passing the Gun Free School Zone Act of 1990 United States v. Morrison - court rules Congress exceeded its authority under the commerce clause in passing the Violence Against Women Act of 1994

14. Federalism,the Supreme Court and the Eleventh Amendment Decisions bolstered the authority of state governments: –Alden v. Maine (1999) – state employees can’t sue state for violating federal overtime pay law –Kimel v. Florida Board of Regents (2000) – state university employees can’t sue state for violating federal age discrimination law –However, in Nevada v. Holmes (2003) – the court ruled that state employers must abide by the federal Family Medical Leave Act, which seeks to outlaw gender bias

15. Hot Links to Selected Internet Resources: Book’s Companion Site: http://politicalscience.wadsworth.com/schmidtbrie f2004 http://politicalscience.wadsworth.com/schmidtbrie f2004 Wadsworth’s Political Science Site: http://politicalscience.wadsworth.com http://politicalscience.wadsworth.com Emory University’s Federal Law Site: http://www.law.emory.edu/FEDERAL Unity and Federalism: http://www.constitution.org/cs_feder.htm http://www.constitution.org/cs_feder.htm Project Vote Smart: http://www.vote- smart.org/issues/FEDERALISM_STATES_RIGH TShttp://www.vote- smart.org/issues/FEDERALISM_STATES_RIGH TS