Federalism State Govs Federal Gov

Federalism State Govs Federal Gov
USA-union of states, Fed govt doesn’t have all pwr Power reserved to states under? System of Govt= complex 89,000 separate govt units i.e., courts, or getting a license National govt does not have all the power in our system, powers are reserved to States under the 10th Amendment. Explain 10th Amendment here. Our system is complex, look at how a crime could be a state crime, fed crime or both and tried in both courts with diff repercussions and punishments. Or how getting a license varies from state to state. The relations btwn federal and local govts can be structured in many ways, federalism is one way. Key component of federalism is each level independent from other level System of rule where power is divided and shared among federal and state governments Federal Gov has some powers only to itself State Govs have some powers only to themselves Federal gov and state govs share some powers

A Federal System Divides power between the national and lower-level governments Each level of government has distinct powers that the other levels cannot override Examples: Australia, Brazil, Canada, Germany, India, Mexico, and the United States FEDERALISM = system of govt in which power is divided by a written constitution btwn a central govt and regional or subdivisional govts. Each level must have some domain in which its policies are dominant and some genuine constitutional guarantee of its authority

Federalism – Advantages/Disadvantages
Combines strong states with a central government strong enough to maintain order Accommodates the large geographical size of the country Allows state governments to train national politicians and test new ideas Allows for many political subcultures May let state interests block national plans May perpetuate inequalities across states May fuel overactive federal expansion Examples states can have diff laws – legalizing marijuana, sales tax vs income tax in diff states etc American way of life is characterized by many political subcultures which divide along the lines of race, ethnic origin, region, wealth, education and the influence of religion, regions of the country trend toward conservative or liberal politics, when constitution written diversity of states seen as obstacle to survival of nation. In Federalist #51, Madison argued that adopting a federal system would protect the people from the absolute power of the national government and the will of an unjust majority, “in the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allocated to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The diff govts will control each other, at the same time that each will be controlled by itself. Had unitary system existed, various political subcultures would have been less able to influence govt behavior than they have been, and continue to in our federal system; Federalism encourages development of distinct political subcultures, these subcultures reflect differeing demands and preferences for govt, ie, look at diff approaches with respect to same sex marriage, gun laws and and marijuana Disadvantages – small political units are more likely to be dominated by single political interest or group, and at times in our history this influence has limited rights for minority groups (this was essentially argument Madison put forth in Fed. 10) Critics also argue that many americans suffer as a result of inequalities that exist across states, states diff in sam sex marriage, crime and crime prevention, access to safe legal abortions, educational spending etc, these critics argue for federal expansion and oversight Many believe fed govt gotten way too big and too involved

-powers derive from fact that US is sovereign nation
Inherent Powers= -powers derive from fact that US is sovereign nation and so national govt must be the only one the deals with other nations -Also thought of as those powers that Congress & President need to get the job done right Inherent powers are those powers that Congress and the president need in order to get the job done right. Although not specified in the Constitution, they are reasonable powers that are a logical part of the powers delegated to Congress and the president. Example Louisiana purchase How does our Constitution provide for states’ rights???

Powers of Congress Powers 1 – 16 = Enumerated #17 = Implied Powers
create and collect taxes, duties, imposts and excises pay debts provide defense and general welfare borrow money regulate commerce create rules for naturalization… create rules for bankruptcies coin money establish post offices post roads granting patents and copyrights DECLARE WAR TO RAISE AND SUPPORT ARMIES TO PROVIDE AND MAINTAIN A NAVY to call militias (national guard) to uphold the Constitution use the national guard to suppress insurrections and invasions 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 Powers 1 – 16 = Enumerated #17 = Implied Powers

Necessary and Proper Clause
AKA Elastic Clause 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 States may look at balloon pump and see this is scary stuff, states see if you have this pump and you can keep making more laws then we must have our own pump too bc if you get bigger we need to as well, states have their own pump as well, we have to be ablet o have all leftover powers, pump has 2 names to it you should know, know both of them, elastic clause, allows it to bend and grow, OR necessary and proper clause very important you know that name, even today this gets debated, obama care, which powers have stretched? Elastic clause is used a lot in hisotry Constitution = Adaptable Constitution = Flexible

FRQ Question create and collect taxes, duties, imposts and excises pay debts provide defense and general welfare borrow money regulate commerce create rules for naturalization… create rules for bankruptcies coin money establish post offices post roads granting patents and copyrights declare war to raise and support armies $$$ to provide and maintain a navy to call militias (national guard) to uphold the Constitution use the national guard to suppress insurrections and invasions How have each of the following been used to expand federal power: pwr to tax & spend, NP clause & commerce clause: How have each increased pwr of fed govt relative to the states? American with Disabilities Act Civil Rights Act of 1964 and Clean Air Act Is it  or  to have this in the Constitution? Why? FRQ= Question: The power of the federal government relative to the power of the states has increased since the ratification of the Constitution. Describe the following provisions and explain how each has been used over time to expand federal power: power to tax and spend, the NP clause, and commerce clause. Explain how the following has increased the power of the federal government relative to power of state governments. American with Disabilities Act, Civil Rights Act of 1964 and Clean Air Act Pwr to tax = Constitutionally-granted power of a government to impose and collect taxes, as the means of raising revenue within its jurisdiction. Pwr to spend = Authority granted by a legislature to an administration (government) to spend public funds in accordance with an approved budget. Commerce clause = congress has power to regulate interstate commerce

How to answer? Tax and spend pwr NP Clause Commerce clause
Who can exercise the pwr? Response must describe both the pwr to tax and the pwr to spend NP Clause Who can exercise this pwr? Response must include what the pwr is Commerce clause For each law: include at least one provision of the law and explain how the provision increased the federal pwr over the states

10th amendment, reserved powers that national govt cannot deny to the states, states have police power – authority to legislate for the protection of health, morals, safety, welfare and the people, police power enables states to pass laws governing crimes, marriage, contracts, education, intrastate transportation, and land use Federalism Venn Diagram Activity – explain that some powers are shared between state and federal govt and these are concurrent powers

Who has the Power… To make and run post offices?
Do venn diagram with class then go over these examples Who has the Power…

Who has the power? To talk to foreign leaders or establish foreign policy?

To provide for and supervise schools?
Who has the power? To provide for and supervise schools?

Who has the Power… to coin money?

Who has the power… …to tax?

To build and maintain roads?
Who has the power… To build and maintain roads?

Concurrent powers: those, like the power to tax, held by both national and state governments
They are mostly implied rather than enumerated A state’s ability to exercise them is generally limited to that state’s geographic area Prohibited powers: those denied to the national government, the states, or both Examples: national government cannot tax exports, state governments are prohibited from coining money

Concurrent and Prohibited Powers
Concurrent powers: those, like the power to tax, held by both national and state governments They are mostly implied rather than enumerated A state’s ability to exercise them is generally limited to that state’s geographic area Prohibited powers: those denied to the national government, the states, or both Examples: national government cannot tax exports, state governments are prohibited from coining money

Denied Powers Section 9…Powers denied to Congress
Habeas Corpus shall not be suspended unless in cases of Rebellion or Invasion and the public safety is in question no ex post facto Law shall be passed no title of nobility will be granted by the USA Denied Powers Habeas corpus, or the Great Writ, is the legal procedure that keeps the government from holding you indefinitely without showing cause. When you challenge your detention by filing a habeas corpus petition, the executive branch must explain to a neutral judge its justification for holding you. Habeas corpus prevents the King from simply locking up subjects in secret dungeons and throwing away the key. It’s been a pillar of Western law since the signing of the Magna Carta in England in 1215. The Founders of our nation believed habeas corpus was so essential to preserving liberty, justice, and democracy that they enshrined it in the very first article of the United States Constitution. Writ of Habeas Corpus = you shall have a body (you shall have a body of evidence) due process, essential natural rights, your due process rights will not be taken from you unless in case of rebellion or invasion and public safety in question, what cases have we actually suspended it? And said no due process? They did this in civil war, greatest rebellion in our history, Lincoln put a lot of confederate sympathizers in jail, what about suspected terrorists? Genova convention set rules for how we treat prisoners of war, we don’t follow this bc we say not prisoners of war, they are enemy combatants, enhanced interrogation tactics, japanese internment camps go with number 2 as well, we have informal nobility like kennedy and bush but no formal

Denied Powers Section 10…Powers Denied to states
Fixes articles of confed. First paragraph protections national powers from state incursions (ie No coining money) Paragraph 2 – States may not interfere with international trade of US Denied Powers

Article 4...Interstate Relations
Section 1 Each state required to recognize the laws and records of other states and to enforce rights in its own courts that would be enforced in other state courts. Give full faith and credit to every other state’s laws. = FF& C Clause Section 2 Extradition between states Extend to every other state’s citizens the privileges and immunities of its own citizens FF & C Clause = protects citizens as they move from state to state, clause applies only to civil matters and ensures that rights established under deeds, wills, contracts etc will be honored by any other state, also ensures that any judicial decision with respect to property rights will be honored and enforced in all states, Privileges & Immunities – clause indicates that states are obligated to extend to citizens of other states protection of laws, right to work, access to courts, and other privileges they grant their own citizens, if you are a student from NJ Attending NC school you have same rights to protest a traffic ticket as NC do Interstate extradition – fed judge will not order extradition, it is moral duty of governor to extradite the accused, from time to time governor of state may refuse to do so but generally for serious crimes etc they do, States can also enter into interstate compacts, if consented to by congress, typical examples are establishment of port authority of NY and NJ by interstate copact, and regulation of natural gas, compacts allow states to work together to address challenges across state boundaries, 20

Electoral College Guided Notes
Article 6 SUPREMACY CLAUSE: This Constitution, and the laws in it, will be the Supreme law of the land, and states must follow these laws, even if other parts of Constitution or States laws are contrary to it In other words states cannot use their reserved or concurrent powers to prevent or undermine national policies, all national and state officers are bound by oath to support constitution, hence any legitimate exercise of national govt pwr supersedes any conflicting state action. Explain express and implied preemption here. Fed law is said to preempt or take precedence over state law,

Horizontal Check Checks and balances and separation of powers function as a horizontal control, when branches of govt on same level (state or national) check one another against expansion of power

Vertical Checks Federalism can be seen as an additional way to prevent government from growing too strong Mechanisms like 10th Amendment and reserved powers serve as check on national govt

Evolution of Federalism
State Govs Federal Gov History of Federalism can be seen through the Marshall Court, Civil War, New Deal, civil rights and federal grant making

Defining Constitutional Powers – The Early Years
McCulloch v. Maryland (1819) Gibbons v. Ogden (1824) Commerce Clause- The section of the Constitution in which Congress is given the power to regulate trade among the states and with foreign countries.

McCulloch v. Maryland 1819 The 2nd BUS was created, and BUS branches spread out throughout the USA (like  today) States & state banks felt threatened by these new national banks Maryland tried to tax any non-Maryland bank… James McCulloch was the manager of the Baltimore branch of the 2nd BUS He refused to pay the tax Citibank is a branch, in your town, probably have a PNC Chase Bank of America, TD, wells fargo these are branches, 2nd bank was made and had a lot of branches, states started to feel threatened, so they say lets tax any foreign banks, maryland taxes a federal govt entity in its state, says fed govt can tax states but he says states cant tax fed govt, it’s a one way street according to him,

The ruling… Congress had the power to create the 2nd BUS and have branches…NP Clause States have the power of taxation, but not of the Federal Government…(relies on Supremacy Clause) So who wins… McCulloch Federal Government!!! No where in constitution does it say congress can make a bank so what does congress have to rely on? NP CLAUSE!!! Its bank a constitutioanlly legal thing to make? SC case that determines this, what does this guy stand for? Who does he side with? Also empowered the judicial branch, how did he do this? Through establishing JUDICIAL REVIEW Says both have the power to tax, relys on supremacy clause to say fed govt has to be supreme, slipperly slope argument to say if maryland can tax BUS they can tax every part of fed govt . What are Marshall’s views on federal power and on power of judicial branch? Is this bank constitutional? YES, federalists loose interpreation of constitution, states have power to tax but cant tax fed govt, who wins? Fed govt wins in this tug of war!!! Question – why does this make sense? Why does this make more sense than the other way around – states say we the states made you so we are the parents and you are the child, but we cant really have a union unless they are the parent and the states are the child, defeats whole purpose of federal govt, this recipe didn’t work AOC, goes back to driving the bus, do you want one person driving the bus or all 13 go up and drive the bus together, if states could tax fed govt they could tax it into oblivian, power to tax is power to destroy! JM says this, tax is taking power from people, taking wealth from them, if fed govt only has power over states ……there are limits to fed govt oppressing you, why is it important? Marshall says that establishing national bank aided congress it its powers and so could do so under NP Clause, it would be impossible to spell out every action that congress might legimiately take, VERY FAMOUS LINE – “We must never forget it is a constitution we are expounding” in other words, a constitution is a living document that has to be interpreted to meet the needs of the govt, having established doctrine of implied powers marshall then answered other questions of national supremacy, stating no state could use its taxing power to tax an arm of national govt relying on supremacy clause

Gibbons v. Ogden Issues? What were they?
Holdings? What did Marshall say? Commerce=includes all commercial interaction & business dealings (broadens definition) Congress could regulate commerce within a state, unless exclusively intrastate Pwr to regulate commerce exclusive pwr, NOT concurrent Significance? FACTS: fulton and Livingston secured a monopoly on steam navigation on ny waters from NY legislature, they licensed Ogden to operate steam ferry boats, Gibbons obtained a license from US govt to operate boats and decided to compete with Ogden without NY’s permission, Ogden sued gibbons, First issue – how commerce should be defined, second was whether pwr to regular interstate commerce extended to intrastate commerce (commerce within a state) third was whether pwr to regulate interstate commerce was a concurrent pwr Marshall first broadened the definition of commerce, and used case to validate and increase power of congress to regulate commerce “What is this power? It is the power. . . To prescribe the rule by which commerce is to be governed. This power, lke all others vested in Congress, is complete in itself Marshall also said commerce pwr could be exercised in state jurisdictions as long as it was not solely intrastate commerce And pwr to regulate commerce is exclusive federal power

States’ Rights and the Resort to Civil War
The Shift Back to States’ Rights Jacksonian era ( ) Regulation of commerce major issue 1861: Confederate States of America form Shift back to states rights and eventually country breaks up over it (remember when SC threatened succession over tariff) ignores SC decision in name of states rights

Result? Increase in fed pwr
Civil War States Rights!! Result? Increase in fed pwr Civil war not called civil war, south called in the war of northern agreesion but BS bc you seceded, South called it the war of the states, says something about the south implicitly, states rights ideas, during Jackson and building to this time period, states rights were strong, but eventually after civil war, we see increase in fed rights (new employees hired to help run the union, civil liberties curtailed bc of wartime, first temporary income tax imposed to help pay for war, expansion of federal govt pwrs reflected in passage of 13th, 14th, 15th amendments

Dual Federalism Doctrine that emphasizes a distinction btwn federal and state spheres of authority Federal govt top layer of cake, state govt bottom layer Constitutional basis? 10th Amendment Layers do not mix, for most part advocates feel that state and national govts should not exercise authority in the same areas The Continuing Dispute over the Division of Power Dual Federalism- A system in which the states and the national government each remains supreme within its own sphere. The doctrine looks on nation and state as coequal sovereign powers. Neither the state government nor the national government should interfere in the other’s sphere. 10th amendment bc encompasses both enumerated powers of congress and reserve pwrs of the states.

Doctrine of DF represented a revival of states’ rights following the expansion of national authority during the civil war, reconstruction and national income tax ended in 1872 (reconstruction 1877 when hayes removed federal troops from the south), so national govt no longer in a position to regulate state actions that affected blacks so blacks were subject to southern states laws, Prior to the civil war, decisions like dred scot put the SC on the losing side of the conflict, so during reconstruction congress removed the reconstruction from judicial review, in time the SC reestablished itself as a legitimate constitutional interpreter, its decisions tended to support federalism, defend states’ rights and limit the pwrs of the national govt, in 1895 for example ruled that a national income tax was unconstitutional, in subsequent years, the Court gradually backed away from the decision and eventually might have overturned it but in 1913, 16th Amendment was passed authorizing income tax

Cooperative Federalism
What is it? State and fed govt cooperate in solving problems Great Depression – Hoover’s approach? Roosevelt’s approach and the New Deal? What did the New Deal provide? Why/how was this a change? Shifted federalism toward nationalism by regulating and financing state action and programs How did SC respond? Johnson’s war on poverty – another example shifting fed toward nationalism Also talk about Johnson’s war on poverty – shifted federalism toward nationalism by funding state programs through federal grants See end of dual and start of cooperative with FRD The New Deal and Cooperative Federalism The “New Deal” Regulates economic activity National Recovery Administration The End of Dual Federalism Cooperative Federalism 1500 banks had failed in 1932 and 32,000 businesses closed down, hoover stuck to idea of dual federalism and insisted unemployment and poverty were local issues, the state not fed govt had sole responsibility for combatting them, but Roosevelts new deal included large scale emergency anti poverty programs and introduced major new laws, regulating economic activity such as National industrial recovery act of 1933 which established national recovery administration NRA, which provided codes for every industry to restrict competition and regulate labor relations Roosevelt’s expansion of federal authority was challenged by the SC, which continued to adhere to doctrine of dual federalism, in 1935, SC ruled the NRA was unconstitutional, court also struck down a bunch of other acts as well, in 1937, Roosevelt proposed legislation allowing him to add new SC justices (switch in time saves 9) so he could pack the court with his supporters, but measure was not supported and it failed, however court got the message and stopped trying to limit the national govts pwrs under the commerce clause, for next half century CC would provide congress with unlimited justification for regulating economic life of the country

Era since 1937 has been described as cooperative federalism, in which states and the national government cooperate to solve complex common problems, new deal programs for example involved joint action btwn national govt and the states, pattern of national-state relatoiships during these years created a new metaphor for federalism, that of a marble cake, unlike a layer cake, a marble cake two types of cake are intermingled Cooperative federalism means fed govt provides funding and sets the terms for policy solutions at a national level but left implementation to the states, examples of this might include Aid to famalies with dependent children, a form of financial assistance to famalies funded by fed govt and administered by the states, or interstate highway system, highways and maintenance is responsibility of states but fed govt involved to provide coordination and assist in ability of people to travel

Implementing Cooperative Federalism
Block Grants Fed programs that provide funds to states or local govts for general areas. Categorical Grants Fed grants to states or local govt for specific programs or projects Federal Mandates Requirements in federal legislation that force states to comply with certain rules Unfunded vs. Funded -- problems with unfunded? Methods of implementing cooperative federalism – even before Const was adopted the national govt gave grants to the states in form of land to finance education, natl govt also provided land for canals, railroads and roads, in 20th century fed grants increased significantly especially during FDR’s admin, and again in the 1960s when amount of grants quadrupled, funds were used for improvements in education, pollution control, recreation and highways, with the grants came large amount of restrictions and regulations Categorical Grants: by 1985, amounted to more than $100 billion per year, were spread out across 400 separate programs, but largest 5 accounted for more than 50 percent of revenues spent. Get examples on board – Medicaid (health care for poor), highway construction, unemployment, housing assistance and welfare to mothers with dependent children and people with disabilities , I 2011 fed govt provided $607 billion in grants to state and local govts. Why increase? Bc congress has given control of some programs to states while continuing to provide major funding for them, this allows states to customize implementation of program, thereby increasing economic efficiencies. Also uses grants as incentive to persuade states to adopt certain programs reflecting federal policy priorities. Other grants use broad federal tax base to redistribute resources among communities. All grants come with requirements that must be met by states, through the use of grants fed govt can exercise substantial control over matters that traditionally have been purview of state govts, when fed govt gave funds for highway improvements it conditioned it on cooperation with raising the minimum drinking age to 21. also include consqeuences if state does not agree to entire bargain ie no child left behind act promised billions of dollars to states to bolster their education budgest, funds would only be delivered however if states agreed to hold schools accountable to new federal achievement benchmarks on standardized tests designed by fed govt Block grants – lessen restriction on fed grants given to state and local govts by grouping several categorical grants under one broad heading, governors and mayors prefer bc more flexible, ie criminal justice or mental health programs, one major set of block grants provides aid to state welfare programs, the Personal Responsibility and Work Opportunity Reconciliation Act and the Temprary Assistance for Needy Famalies program provided a welfare block grant to each state. Federal Mandates – fed govt passes laws requiring states to achieve particular national goals, improve environmental conditions, civil rights of certain groups etc, since 1970s fed govt has passed hundreds of federal mandates requiring the states to take some action in areas ranging from the way voters are registered, to ocean-dumping restrictions to education of persons with disabilities, national govt does grant waivers which allow individual states to try out innovative approaches to carrying out the mandates, for example, oregan received a waiver to experiment with a new method of rationing health care services under the federally mandated Medicaid program. Unfunded mandates place on states the primary responsibility to pay for the service provided by the govt. Project Grants Categorical Grants Formula Grants Unfunded mandates pose a significant burden to states because Federal policies are attached to mandates that states may have to fund entirely States are forced to administer policies to which they might object States often have no choice but to accept rules the mandates impose They reduce state authority

Implementing Cooperative Federalism
Federal Mandates Requirements in federal legislation that force states to comply with certain rules Unfunded vs. Funded -- problems with unfunded? Federal policies are attached to mandates that states may have to fund entirely States are forced to administer policies to which they might object States often have no choice but to accept rules the mandates impose They reduce state authority Methods of implementing cooperative federalism – even before Const was adopted the national govt gave grants to the states in form of land to finance education, natl govt also provided land for canals, railroads and roads, in 20th century fed grants increased significantly especially during FDR’s admin, and again in the 1960s when amount of grants quadrupled, funds were used for improvements in education, pollution control, recreation and highways, with the grants came large amount of restrictions and regulations Categorical Grants: by 1985, amounted to more than $100 billion per year, were spread out across 400 separate programs, but largest 5 accounted for more than 50 percent of revenues spent. Get examples on board – Medicaid (health care for poor), highway construction, unemployment, housing assistance and welfare to mothers with dependent children and people with disabilities , I 2011 fed govt provided $607 billion in grants to state and local govts. Why increase? Bc congress has given control of some programs to states while continuing to provide major funding for them, this allows states to customize implementation of program, thereby increasing economic efficiencies. Also uses grants as incentive to persuade states to adopt certain programs reflecting federal policy priorities. Other grants use broad federal tax base to redistribute resources among communities. All grants come with requirements that must be met by states, through the use of grants fed govt can exercise substantial control over matters that traditionally have been purview of state govts, when fed govt gave funds for highway improvements it conditioned it on cooperation with raising the minimum drinking age to 21. also include consequences if state does not agree to entire bargain ie no child left behind act promised billions of dollars to states to bolster their education budgets, funds would only be delivered however if states agreed to hold schools accountable to new federal achievement benchmarks on standardized tests designed by fed govt Block grants – lessen restriction on fed grants given to state and local govts by grouping several categorical grants under one broad heading, governors and mayors prefer bc more flexible, ie criminal justice or mental health programs, one major set of block grants provides aid to state welfare programs, the Personal Responsibility and Work Opportunity Reconciliation Act and the Temporary Assistance for Needy Families program provided a welfare block grant to each state. Federal Mandates – fed govt passes laws requiring states to achieve particular national goals, improve environmental conditions, civil rights of certain groups etc, since 1970s fed govt has passed hundreds of federal mandates requiring the states to take some action in areas ranging from the way voters are registered, to ocean-dumping restrictions to education of persons with disabilities, national govt does grant waivers which allow individual states to try out innovative approaches to carrying out the mandates, for example, oregan received a waiver to experiment with a new method of rationing health care services under the federally mandated Medicaid program. Unfunded mandates place on states the primary responsibility to pay for the service provided by the govt. Project Grants Categorical Grants Formula Grants Unfunded mandates pose a significant burden to states because Federal policies are attached to mandates that states may have to fund entirely States are forced to administer policies to which they might object States often have no choice but to accept rules the mandates impose They reduce state authority

Federalism State Govs Federal Gov
Cause issues see previous notes, hurricane katrina example Second question is part of AP free response question. AP asked question with respect to environmental policy, gun control laws and disability access. How could mandate cause issues? BC forcing states to do something that costs money but not funding it How can cooperative federalism cause issues? Think back to debate at Con Convention with AOC and Constitution. Do the tensions between decentralized and centralized power continue to exist? Is it the same fight?

“New Federalism” Devolution of pwr: Nixon’s New Federalism-
Transfer of pwr from national govt to state or local govt Nixon’s New Federalism- Categorical grants to block grants- how did this increase power of states? Republicans states rights, democrats large fed govt, mostly bc expansion of national authority has typically been a engine of social change, republicans believe that the increased size and scope of the fed govt, which began with New Deal programs of FDR and continued through Johnson’s Great Society programs and beyond, pose a threat to individual liberty and pwr to the states. As republicans became more conservative in their views regarding the extent of national government power, Democrats became more liberal and supportive of that power. LBJ’a war on poverty supporters were reluctant to let state governments have a role in the new programs, mostly in response to many souther states to African American civil rights, Johnson’s administration didn’t trust the states, republican Nixon who succeeded Johnson in office, advocated for new federalism, that would devolve authority from fed govt and give to the states, in part the new federalism involved conversion of categoral grants into block grants, thereby giving state govts greater flexibility in spending. A second part was revenue sharing, under revenue-sharing plan, the national govt provided direct, unconditional financial support to state and local govts. Reagan was also strong advocate of new federalism but some of his policies withdrew certain financial support from the states, and he eliminated revenue sharing

How do grants reflect cooperative federalism?
How do grants & mandates increase pwr of fed govt? How do block grants give more pwr back to states?(devolution) See earlier notes, talk about how allows fed govt to exercise substantial control over states Book discussed hurricane Katrina, can also discuss hurricane Sandy, brought up issue of who should be held accountable for inadequate preparations and response after a natural disaster, many criticzed FEMA Federal Emergency Management Agency Hand out federalism charts and break up into groups FRQ (question 4) The framers of the U.S. Constitution created a federal system. Define federalism Select two of the following and explain how each has been used to increase the power of the federal government relative to the states. Categorical grants Federal Mandates Selective incorporation Select two of the following and explain how each has been used to increase the power of the states relative to the federal government Welfare Reform Act of 1996 Block grants 10th Amendment (question 2) The framers of the Constitution devised a federal system of government that affected the relationship between the national and state governments. Compare state sovereignty under the Articles of Confederation and under the Constitution Explain how each of the following has been used to expand the power of the federal government over the states Commerce clause Mandates Explain how each of the following has played a role in the devolution of power from the national government to the states. SC decisions

The Politics of Federalism
Federalism in the Twenty-First Century Welfare reform Education reform Affordable Care Act Today, do competing theories of federalism divide Americans along party lines? Bill Clinton (Democrat) – Welfare Reform Act of 1996 George W. Bush (Republican) – increased federal funding and control of education. Who typically controls education? Obama (Democrat) – Affordable Care Act, as originally designed, included significant role for states to create and operate health exchanges to enroll people in variety of health insurance options States control education Welfare Reform Act of 1996 – Conservatives do remain active in limiting the scope of federal power, opposition to Affordable Care Act, particularly the expansion of coverage under Medicaid and mandate for coverage, Tea Party emerged in part as reaction to increased govt spending at start of 2008 recession

Federalism and the Supreme Court Today
Reining In the Commerce Power United States v. Lopez United States v. Morrison Affordable Care Act

Federalism and the Supreme Court Today
State Sovereignty and the Eleventh Amendment The Tenth Amendment Issues Other Federalism Cases Supreme Court not consistent in support of states’ rights Legalization of marijuana, right to life issues, immigration

Federalism & SC Plays big role in determining state v. fed power
Marshall Court approach? Who won – state or fed? Examples? The Supreme Court interpreted Congress’ powers under the __________ broadly which resulted in an increase in fed powers SC since 1990 – gradually tailoring national government’s powers under the commerce clause. Court also given increased emphasis to state powers under the ____________ and _______ Amendments. Point?? Has sent mixed messages, at time seems to favor states rights at times federal pwr Explain how SC is another check on both states and the fed govt – SC can say that fed govt has exceeded scope of its express and implied powers, give example of Obama care with this, historically SC interpreted the commerce clause very broadly which led to increase in fed power, but can also rely on 10th amendment to gradually tailor fed govts powers and give more power to the states 11th Amendment

United States v. Lopez Gun-Free School Zones Act- banned possession of guns within 1000 feet of any school SC held unconstitutional bc attempted to regulate an area that had “nothing to do with commerce or any sort of economic enterprise” SC limited Congress’ pwr under commerce clause US v. Lopez, SC held that Congress had exceeded its constitutional authority under the commerce clause when it passed the gun-free school zones act in 1990, Court stated that the act, which banned the possession of guns within 1000 feet of any school, was unconstitutional bc it attempted to regulate an area that had “nothing to do with commerce or any sort of economic enterprise” this marked first time in 60 years SC had placed a limit on national govt’s authority under the commerce clause

United States v. Morrison
Violence Against Women Act 1994-provided a federal remedy for gender-motivated violence like rape Court said aggregate effect on interstate commerce is not enough to justify national regulation of noneconomic, violent criminal activity Congress had documented violence against women had adverse effect on interstate commerce, deterred potential victims from traveling, engaging in employment, and transacting business, also diminished national productivity and increased medical and other costs. In 1994, the United States Congress passed the Violence Against Women Act, which contained a provision at 42 U.S.C. § 13981 for a federal civil remedy to victims of gender-based violence, even if no criminal charges had been filed against the alleged perpetrator of that violence. That fall, at Virginia Tech, freshman student Christy Brzonkala was allegedly assaulted and raped repeatedly by fellow students Antonio Morrison and James Crawford. During the school-conducted hearing on her complaint, Morrison admitted having sexual contact with her despite the fact that she had twice told him "no.“ College proceedings failed to punish Crawford, but initially punished Morrison with a suspension (punishment later struck down by the administration). A state grand jury did not find sufficient evidence to charge either man with a crime. Brzonkala then filed suit under the Violence Against Women Act in federal court.

Affordable Care Act (Obama Care)
Requires individuals to have health insurance through an employer or by purchasing it, if they don’t they are fined Govt argued constitutional under its pwr to regulate commerce SC found constitutional, but under pwrs to tax Govt argued health care falls under heading of commerce bc health care law addresses a pressing national problem and is economic in nature, opponents say that a requirement to buy a good or service is unprecedented, regulates inactivity rather than activity, and opens the door to allowing congress unlimited pwr to intrude on individual freedom, on june 28, 2012, SC upheld the law but did so under Congress’ taxing authority and not the commerce clause

State Sovereignty & the 11th Amendment
One state cant be sued in federal court by a citizen of a different state, or by a foreigner, without consent! Interpreted more broadly States enjoy immunity from being sued for violations of federal laws, unless the states consent to be sued Sovereign immunity -- 11th Amendment precludes lawsuits against state govts for violations of rights established by federal laws unless the states consent to be sued, Alden v. Maine – 1999, court held that Maine state employees could not sue the state for violating overtime pay requirements of a federal act, according to the Court, state immunity from such lawsuits is a fundamental aspect of the sovereignty which the states enjoyed before the ratification of the constitution Only exception is where fed govt is enforcing civil war amendments bc given enforcement pwr The Eleventh Amendment, ratified in 1795, contains only 43 words, but it has been interpreted in at least four different ways. Here is what the amendment says: The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. The Eleventh Amendment was passed to overturn the Supreme Court ruling in the 1793 case of Chisholm v. Georgia. Alexander Chisholm of South Carolina filed suit against the State of Georgia for breach of contract, seeking payment for goods supplied to Georgia during the War of Independence.Georgia refused to play ball, saying that Chisholm couldn’t sue a state without its consent because it possessed sovereign immunity from suit. The court didn’t like this argument — not surprisingly, because it cut the court’s power. The court found in favor of Chisholm and ruled that Article III, Section 2 of the Constitution took away the states’ sovereign immunity because in the list of cases that could be heard by the U.S. Supreme Court that section included “Controversies between a State and Citizens of another State.” However, such was the outcry against this decision that two days after the Supreme Court handed down its decision, a senator put a proposal before Congress that was to become the Eleventh Amendment. The intention of the amendment was never a secret: It was passed to stop a federal lawsuit from being brought against a state without its consent. But is that really what the Eleventh Amendment says? Alden v. Maine – State employees could not sue State for violation of Federal Act on overtime pay Kimel v. Florida Board of Regents-11th Am precluded employees of suing a State university for violation of federal law prohibiting age-based discrimination Nevada v. Hibbs-Court rule state employers must abide by FMLA (Federal Family & Medical Leave Act) Tennessee v. Lane – 11th Amendment did not protect states from suits by individuals with disabilities who had been denied access to courtrooms located on upper floors of buildings

State Sovereignty under the 10th Amendment
10th Amendment says? NY v. United States – requirements imposed on NJ under a federal law regulating radioactive waste was unconstitutional and inconsistent with 10th Amendment Printz v. US – Court struck down provisions of the federal Brady Handgun Violence Protection Act that required state employees to perform background checks on handgun purchasers NY v US – while congress can regulate the handling of such waste, it may not conscript state govts as its agents’ in an attempt to enforce a program of federal regulation (how does this differ from federal mandates?) Printz v. US – court said “fed govt may neither issue directives requiring the States to address particular problems nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program Conclusion?? SC has send mixed messages!!!

Federalism State Govs Federal Gov

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Federalism State Govs Federal Gov

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