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The State in American Bedrooms

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1 The State in American Bedrooms
“…crossing a state boundary can involve ‘stepping into another moral universe’. Oral sex for example, was illegal in 15 of the 50 states as late as Adultery remained a crime in 24 of them. Eight states had prohibited the sale, though not the use of ‘marital aids’. Thirty- three states had no statute relating to fornication, but in 17 it was considered a misdemeanour or felony. Incest was a felony in 48 states but only a misdemeanour in Virginia and did not even merit a statute in Rhode Island. Prostitution was only a misdemeanour in most states but the strongest condemnatory language in American sex law was reserved for sodomy, although 23 states had no statutes at all pertaining to the practice. Theoretically the state of Alabama allows sex with donkeys and corpses (no law exists against either bestiality or necrophilia), but punishes oral sex between husbands and wives.” Robert Singh, American Government & Politics p243

2 Origins of Federalism

3 Learning Objectives To examine the origins of federalism
To identify the role of federalism in the constitution

4 Federalism Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and constituent political units (like states or provinces). Federalism is a system based upon democratic rules and institutions in which the power to govern is shared between national and provincial/state governments, creating what is often called a federation. Proponents are often called federalists.

5 The USA is composed of 6 administrative divisions (regions).

6 The USA is composed of 50 self-governing states and several territories.

7 Federalism Origins of Federalism Powers of the National Government Powers Denied to the National Government The States Exclusive and Concurrent Powers Local Government

8 Origins of Federalism The Framers were dedicated to the concept of limited government. They were convinced (1) that governmental power poses a threat to individual liberty, (2) that therefore the exercise of governmental power must be restrained, and (3) that to divide governmental power, as federalism does, is to curb it and so prevent its abuse.

9 Federalism is a system of government in which a written constitution divides the powers of government on a territorial basis between a central, or national, government and several regional governments, usually called states or provinces. The Constitution provides for a division of powers, assigning certain powers to the National Government and certain powers to the States.

10 Powers of the National Government
The National Government is a government of delegated powers, meaning that it only has those powers delegated (granted) to it in the Constitution. There are three types of delegated powers: The expressed powers are those found directly within the Constitution. The implied powers are not expressly stated in the Constitution, but are reasonably suggested, or implied by, the expressed powers. The inherent powers belong to the National Government because it is the government of a sovereign state within the world community. There are few inherent powers, with an example being the National Government’s ability to regulate immigration.

11 Who should make decisions on…
Marriage Death penalty Environmental standards Education Gun Control Welfare reform

12 How many govts are there?
1 federal government 50 state governments 3,000 counties 19,000 municipalities Townships 17,000 14,000 School districts 31,555 Special districts (i.e. Port Authority)

13 Constitutional Basis of Federalism
National Government Article 1- “No state shall” coin money, engage in treaty, lay duties, engage in war Article 1, Section Congress shall do what is "necessary and proper" and “general welfare” Article 6-Supremacy Clause "supreme law of the land“ States guarantee to every state in this union a republican form of government “The powers not delegated to (fed govt) are reserved to the states respectively, or to the people.”

14 Constitution & Federalism
Fed #51 “ a double security against majority tyranny” Divide the power of government within the levels of government (sep of powers) but also across governments (between state and national governments) Different governments will control each other against the oppression of governments

15 States Rights vs. Nationalists
Then and Now Rick Perry John Adams – Second President and strong advocater of central government

16 Dual Federalism 1789-1937, Layer cake model
two distinct layers of government Separate powers and spheres of influence Feds, internal improvements, tariffs, etc States- commerce, banking, insurance, slavery, health, education, criminal, etc

17 Hammer v. Dagenhart (1918) Hammer v. Dagenhart, 247 U.S (1918), was a United States Supreme Court decision involving the power of Congress to enact child labor laws. The Court held regulation of child labor in purely internal (to a single state) manufacturing, the products of which may never enter interstate commerce, to be beyond the power of Congress, distinguishing the Lottery line of cases, which concerned Congressional regulation of harms (e.g. interstate sale of lottery tickets) that required the use of interstate commerce.[1]

18 Great Depression and Demise of Dual Federalism


20 Federal Emergency Relief Act of 1933

21 Cooperative Federalism
Eisenhower Era Interstate Highways Urban Renewal Airport Construction Great Society programs Medicaid and Medicare Education Aid Model Cities Today Clinton crime, education policy (100k new police) Bush – Leave No Child Behind Obama- stimulus package, health care

22 Categorical grants Federal grant of $ to state
interstate highways, poverty, crime, education, pollution Categorical grants specified use of money Head Start Education programme – 1965 then then 2007

23 Marble Cake Federalism
Intermingling of federal, state, and local authority Example of education Feds- Leave no child behind, Special education, Labour laws States- labour laws, curriculum, testing Local- hire the teachers, finance

24 Food Stamp Program National Goal- improve nutrition in low income households Feds provide $, pay 62% of administrative costs States- determine eligibility standards

25 Supplemental Nutrition Assistance Program
Feds revise eligibility criteria Up to 130% of poverty line (2,389 family of 4) Able bodied adults can receive for 3 months Disabled vet, child of vet State EBT/Debit Card No discrimination race, gender, sex orientation Most legal immigrants eligible

26 Rick Perry- happy or sad?

27 New Federalism 1968-present
Reduce the power of the national government Less $$, fewer strings (?)

28 Block Grants provided unrestricted grants to states and localities
Entitlement, not competition

29 Energy Efficiency and Conservation Block Grant Program (2009)
 ”$2.7 billion will be awarded through formula grants. In addition, approximately $454 million will be allocated through competitive grants” (

30 Grants can be used for  Development of an energy efficiency and conservation strategy Building energy audits and retrofits, including weatherization Financial incentive programs for energy efficiency Transportation programs to conserve energy and support renewable fuel infrastructure Building code development, implementation, and inspections Installation of distributed energy technologies source reduction, recycling, and recycled content programs Reduction and capture of greenhouse gas emissions generated by landfills or similar waste-related sources Installation of energy efficient traffic signals and street lighting Installation of renewable energy technologies on government buildings Any other appropriate activity that meets the purposes of the program and is approved by DOE

31 Rick Perry- happy or sad?

32 Reagan’s New Federalism
More block grants, less money Federal aid to state and local govts fell by 39%. Buffalo % of their revenues from Washington, by 1992 they got only 6%.


34 Reagan’s New Federalism
Choose your own? You can make any kind of cake you want You have fewer ingredients Have to pay for it yourself

35 Rick Perry- happy or sad?

36 Popular Support In which of the following people in government do you have the most trust and confidence? Federal government 19% State government 22% Local government 37%

37 Coercive or Regulatory Federalism, 1980-
Democratic Unfunded Mandates Asbestos Hazard Emergence Act of 1986 Safe Drinking Water Act 1986 Americans with Disabilities Act of 1990 National Voter Registration Act of 1993 GOP Unfunded Mandates No Internet taxation No Child Left Behind Help America Vote Act

38 HAVA Update their voting machines (no punch card)
each polling location have at least one voting system accessible to individuals with disabilities  develop a single, uniform, official, centralized, interactive computerized statewide voter registration list

39 Cake Analogy? Baking Analogy- You can have any cake you want as long as it has chocolate

40 State Mandates Under Obamacare
Adjust eligibility in Medicaid to new federal rules (16 million+) Establish high risk insurance pools for people with preexisting conditions (by Jan 1, 2014); create insurance exchanges Require insurance companies to allow dependents up to 26 stay on parent’s insurance

41 Rick Perry- happy or sad?

42 Who Pays Who Decides Example Categorical Grants 70%/Feds/ 30% states National government sets goals, states limited discretion Food Stamps Block Grants 60% Feds/O% states (less money State government Energy Efficiency Unfunded Mandates 0% Feds/100% States National government HAVA, ADA

43 Popular Support Which level of government does the best job of dealing with the problems it faces Federal government 14% State government 21% Local government 41%

44 Constitution & Federalism Redux
Fed #51 “ a double security against majority tyranny” Divide the power of government within the levels of government (sep of powers) but also across governments (between state and national governments) Different governments will control each other against the oppression of governments

45 General Trends Primary constraints are political, not constitutional
Federal role is reduced, 16% of state and local governments budgets Intense state experimentation Bipartisan belief in devolution

46 Devolution Theory “enhance the responsiveness and efficiency of the federal system based on the theory that state and local governments can do a better job of providing services for citizens"

47 How Much Devolution is there?
"if we exclude Social Security, Medicare, net interest on the federal debt, and defense from the total expenditures of federal, state, and local governments in the United States, 80 percent of what remains is administered by state and local governments" (1999, 3).

48 Constitution Article 1, Section 8 10th Amendment
Congress shall do what is “necessary and proper” to promote “interstate commerce” 10th Amendment powers not delegated to federal government are "reserved to the states or the people” Supreme Court’s changing interpretation of the commerce clause

49 Revisiting the Commerce Clause
21 drinking Age and highway funding US v. Lopez Gun Free School Zones Act of 1990 Does it relate to commerce

50 Why Federalism Matters
Determines who pays (welfare $148 v. $360) Determines how much uniformity of policy there will be (death penalty) Determines who makes the decisions (textbooks) Determines accountability

51 Basic Tradeoff a more centralized system is likely to be more uniform, equitable, and accountable decentralized system is likely to be more democratic and flexible

52 Powers Denied to the National Government
Powers are denied to the National Government in three distinct ways: Some powers, such as the power to levy duties on exports or prohibit the freedom of religion, speech, press, or assembly, are expressly denied to the National Government in the Constitution. Also, some powers are denied to the National Government because the Constitution is silent on the issue. Finally, some powers are denied to the National Government because the federal system does not intend the National Government to carry out those functions.

53 Powers Reserved to the States
The 10th Amendment declares that the States are governments of reserved powers. The reserved powers are those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States. Powers Denied to the States Just as the Constitution denies many powers the National Government, it also denies many powers to the States. Powers denied to the States are denied in much the same way that powers are denied to the National Government; both expressly and inherently.

54 Exclusive and Concurrent Powers
Exclusive Powers Powers that can be exercised by the National Government alone are known as the exclusive powers. Examples of the exclusive powers are the National treaties with foreign states, and to lay duties (taxes) on imports. Concurrent Powers The concurrent powers are those powers that both the National Government and the States possess and exercise. Some of the concurrent powers include the power to levy and collect taxes, to define crimes and set punishments for them, and to claim private property for public use.

55 Local Government There are more than 87,000 units of local government in the United States today. Each of these local units is located within one of the 50 States. Each State has created these units through its constitution and laws. Local governments, since they are created by States, are exercising State law through their own means.

56 Federalism in the Constitution
Exclusive Powers of the National Government Exclusive Powers of the State Government Shared Powers by both Governments The Supremacy Clause Advantages of Federalism Disadvantages of Federalism Citizen Ignorance

57 Federalism in the Constitution
The U.S. Constitution establishes a government based on "federalism," or the sharing of power between the national, and state (and local) governments. This power-sharing form of government is the opposite of "centralized" governments, such as those in the UK and France, under which national government maintains total power or sovereignty. While each of the 50 states has its own constitution, all provisions of state constitutions must comply with the U.S. Constitution. For example, a state constitution cannot deny accused criminals the right to a trial by jury, as assured by the U.S. Constitution's 6th Amendment. Under the U.S. Constitution, both the national and state governments are granted certain exclusive powers and share other powers.

58 Exclusive Powers of the National Government
Print money (bills and coins) Declare war Establish an army and navy Enter into treaties with foreign governments Regulate commerce between states and international trade Establish post offices and issue postage Make laws necessary to enforce the Constitution

59 Exclusive Powers of the Stage Governments
Establish local governments Issue licenses (driver, hunting, marriage, etc.) Regulate intrastate (within the state) commerce Conduct elections Ratify amendments to the U.S. Constitution Provide for public health and safety Exercise powers neither delegated to the national government or prohibited from the states by the U.S. Constitution (For example, setting legal drinking and smoking ages.)

60 Shared Powers by National and State Governments
Setting up courts Creating and collecting taxes Building highways Borrowing money Making and enforcing laws Chartering banks and corporations Spending money for the betterment of the general welfare Taking (condemning) private property with just compensation


62 The Supremacy Clause The Supremacy Clause in the Constitution establishes the Constitution and United States laws as the “supreme Law of the Land.”

63 Advantages of Federalism
Fosters state loyalties: Many Americans feel close ties to their home state, and federalism maintains that connection by giving power to the states. Practices pragmatism: Running a country the size of the United States, with such a diverse population, is much easier to do if power is given to local officials. Likewise, state and local officials are closer to the problems of their areas, so it makes sense for them to choose policies to solve those problems. Creates laboratories of democracy: State governments can experiment with policies, and other states (and the federal government) can learn from their successes and failures.

64 Example California has frequently led the nation in environmental regulations: Many measures adopted by California are subsequently adopted by other states. And during the 1990s, Wisconsin governor Tommy Thompson experimented with welfare policy, and those experiments influenced federal welfare reform.

65 Advantages of Federalism
Leads to political stability: By removing the national government from some contentious issue areas, federalism allowed the early U.S. government to achieve and maintain stability. Encourages pluralism: Federal systems expand government on national, state, and local levels, giving people more access to leaders and opportunities to get involved in their government. Ensures the separation of powers and prevents tyranny: Even if one person or group took control of all three branches of the federal government, federalism ensures that state governments would still function independently. Federalism, therefore, fulfils the framers’ vision of a governmental structure that ensures liberty.

66 Disadvantages of Federalism
Prevents the creation of a national policy: The United States does not have a single policy on issues; instead, it has fifty-one policies, which often leads to confusion. Leads to a lack of accountability: The overlap of the boundaries among national and state governments makes it tricky to assign blame for failed policies.

67 Citizen Ignorance Critics argue that federalism cannot function well due to ignorance. Most Americans know little about their state and local governments, and turnout in state and local elections is often less than 25 percent. Citizens consequently often ignore state and local governments, even though these governments have a lot of power to affect people’s lives.

68 Homework Reading and Note Taking, Chapter 1, The Changing Federal-State Relationship p22-26

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