1. Federalism: Forging A Nation

2. Man on Life Support Life support equipment keeps an elderly man alive at a hospital. Proponents of euthanasia believe that unnecessarily prolonging life in terminally ill patients causes suffering to the patients and their family members. Many societies now permit passive euthanasia, which allows physicians to withhold or withdraw life-sustaining treatment when directed to do so by the patient or an authorized representative.

3. Jack Kevorkian Jack Kevorkian Retired physician Jack Kevorkian speaks to the press after being charged by police for his role in assisting a suicide. An outspoken advocate of legalizing assisted suicide, in 1999 Kevorkian was convicted of second-degree murder and delivery of a controlled substance after he injected a terminally ill man with a lethal dosage of medication. He was sentenced to 10 to 25 years in prison.

4. Euthanasia Mercy Killing, also known as euthanasia, ending the life of an incurably ill person to save the individual from further pain and suffering. It can involve the withdrawal of extraordinary means of supporting life, such as high-technology equipment or intravenous feeding, or the active administration of a drug to induce death. To various degrees, the practice is legally approved in many states and countries. Does society’s interest in preserving life outweigh a patient’s desire to die? Does society’s interest in preserving life outweigh a patient’s desire to die? Oregon - “Death With Dignity Act” – passed 2002 “Dr. Death” sentenced to 10 – 25 years in prison. He assisted in the deaths of more than 130 people and will be eligible for parole in 2007 at the age of 79.

5. Federalism A governmental system in which authority is divided between two sovereign levels of government: national and regional (state).

6. Patrick Henry “Who authorized them to speak the language of ‘We the people’, instead of ‘We the States”.

7. Federalism as a Governing System Federalism as a Governing System

8. The Argument for Federalism 1. Protecting Liberty – The American people can shift their loyalties back and forth between the national and state governments in order to keep each under control. 2. Moderating the Power of Government – A large republic would impede the efforts of any single group to gain control and force compromise. 3. Strengthening the Union – Alleviated the problems associated with a weak national authority. Public Disorder – Shays’ Rebellion. Economic Chaos – Revolutionary War debt not being paid by the states. Inadequate Defense – No national military.

9. The Tenth Amendment restates a fundamental constitutional rule: If a particular power was not assigned to the federal government by the Constitution itself, then the states may exercise the power, unless the Constitution also prohibits the states from exercising it. The Tenth Amendment also states that people are free to act, without permission of the federal government, in areas outside the scope of the federal government's powers.

10. Powers Of The Nation Enumerated Powers – (Expressed) The seventeen powers granted to the national government by the Constitution. (Article 1 Section B) Ex. – taxation / national defense “Supremacy Clause” – establishes the laws of the United States as the supreme law of the land.

11. Powers Of The Nation Implied Powers The federal government’s constitutional authority to take action that is not expressly authorized by the Constitution but supports actions that are so authorized. “Necessary and Proper Clause” – “Elastic Clause” – allows the making of laws which are necessary and proper for the implementation of its enumerated powers.

12. Powers Of The States Reserved Powers The powers granted to the states under the 10th Amendment to the Constitution. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States.”

13. Federalism as a Governing System Federalism as a Governing System

14. Historical Progressions of Federalism 1. The Indestructible Union (1789 – 1865) 1. Dual Federalism and Laissez Faire Capitalism (1865 – 1937) 2. Federalism Today

15. The Indestructible Union Characterized by states disputing national policies that threatened their particular interest. 1 st Major Dispute: 1791 – Congress established the First Bank of the United States. 1811 – Bank’s charter ran out – No renewal. 1816 – Congress establishes the Second Bank of the United States. of the United States.

16. The Indestructible Union McCulloch v. Maryland Served as a precedent for future assertions of national authority. Gibbons v. Ogden Congress’s power extended into a state when commerce between states was at issue. Scott v. Sandford Landmark case of the 1850s in which the Supreme Court of the United States declared that African Americans were not U.S. citizens.

17. Scott v. Sandford Dred Scott was the slave of John Emerson, a United States Army surgeon who, in 1834, took him from Missouri to live in Illinois and then Wisconsin Territory, both of which forbade slavery. Three years after Emerson’s death in 1843, Scott sued the surgeon’s widow for his freedom, arguing that his residence in a free state and a free territory made him free. The case reached the U.S. Supreme Court, which decided in 1857 that the government could not make citizens either free or slaves, and that no black could claim U.S. citizenship.

18. “Doctrine of Nullification” John C. Calhoun Each state had the constitutional right to nullify a national law.

19. Dual Federalism and Laissez- Faire Capitalism (1865 – 1937) Dual Federalism Doctrine based on the idea that a precise separation of national power and state power is both possible and desirable. Doctrine based on the idea that a precise separation of national power and state power is both possible and desirable. Major Issue – Racial Policy

20. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

21. Plessy v. Ferguson Landmark case of 1896 in which the Supreme Court of the United States upheld the legality of racial segregation. At the time of the ruling, segregation between blacks and whites already existed in most schools, restaurants, and other public facilities in the American South. In the Plessy decision, the Supreme Court ruled that such segregation did not violate the 14th Amendment of the Constitution of the United States “Separate but Equal”

22. The Plessy ruling became a justification for the separate but unequal treatment of black Americans. The southern states could now use it as a basis to segregate the races.

23. Judicial Protection of Business 1886 – The Supreme Court decided that corporations were “persons” within the meaning of the 14th Amendment – corporation’s property rights were protected from state regulation. 1886 – The Supreme Court decided that corporations were “persons” within the meaning of the 14th Amendment – corporation’s property rights were protected from state regulation. Irony – a constitutional amendment that had been enacted to protect the newly freed slaves was ignored for this purpose but was used to protect fictitious persons – business corporations. Irony – a constitutional amendment that had been enacted to protect the newly freed slaves was ignored for this purpose but was used to protect fictitious persons – business corporations. Ex. – Sherman Antitrust Act (1890) – An attempt to break up a monopoly on the manufacture of sugar that was blocked by the Supreme Court. Ex. – Sherman Antitrust Act (1890) – An attempt to break up a monopoly on the manufacture of sugar that was blocked by the Supreme Court.

24. Child Labor

25. Hammer v Dagehart U.S. Congress passed a law that prohibited the interstate shipment of goods produced by child labor. Citing the 10th Amendment, the Supreme court invalidated the law.

26. National Authority Prevails Franklin D. Roosevelt’s legislative package (New Deal) to end the Great Depression almost wasn’t because the Supreme Court saw it as unconstitutional. Massive public works programs to create jobs were viewed as communistic.

27. National Authority Prevails 1937 – Roosevelt proposed legislation to appoint to the Court an additional justice when a seated member reached the age of seventy. For a reason that has never been explained, Justice Owen Roberts abandoned his opposition to Roosevelt’s policies and gave the president a 5-4 majority. Economic recovery was just around the corner. (FDIC) The Federal Deposit Insurance Corporation gave depositors confidence to keep the money in banks and thrifts.

28. Toward National Citizenship ► Eliminated Government sponsored discrimination. ► Created Compensatory opportunities for women and minorities. ► 1954 – Supreme Court outlaws racial segregation in public schools. ► The Miranda Ruling – Informing crime suspects of their rights at the time of arrest.

29. Federalism Today Long Term Expansion of National Authority Cooperative Federalism National, state and local levels work together to solve problems. Characterized by shared responsibilities instead of divided ones.

30. Federalism Today 1965 – President Johnson’s “Great Society” Medicaid – healthcare for the poor. 1. Jointly Funded (State and National Governments) 2. Jointly Administered (State and Local mostly, National provided administration) 3. Jointly Determined (State and National deciding eligibility and benefit levels.) Before the enactment of the Medicaid program in1965, poor people in many states were not entitled to government-paid health care. Now most poor people are eligible regardless of where in the United States they live.

31. Fiscal Federalism Refers to the expenditures of federal funds on programs run in part through the states and localities. The government accomplishes this through cash payments or grants-in- aid to states and localities in two major forms: Categorical Grants and Block Grants.

32. Fiscal Federalism Categorical Grants Federal grants-in-aid to state and localities that can be used only for designated projects. Funds for lunchroom support can only be used for that purpose. Block Grants Federal grants-in-aid that permit state and local officials to decide how the money will be spent within a general level, such as education or health.

33. Devolution The passing down of authority from the national government to the state and local governments.

34. Devolution Budgetary Pressures And Public Opinion Huge budget deficits of the early 1980’s drastically reduced the amount of federal aid available. Thus, states and localities were forced to pay an increasingly larger share of joint programs (food stamps / public housing).

35. Devolution The Republican Revolution Republican party moves to a more decentralized form of federalism. Fewer unfounded mandates. (Mandates only partially funded by Washington – disability access) Reduction in Block Grants (states controlled more money) Major Legislation 1996 Welfare Reform Act Ended the decades-old program that granted cash to every poor family with children. (TANF – Temporary Assistance for Needy Families restricts a family’s eligibility for federal assistance to five years.)

36. Devolution Judicial System A series of Supreme Court decisions have limited Congress’s Authority to enact laws that are binding on the states. United States v. Lopez – Supreme Court struck down a federal law that prohibited the possession of guns within one mile of a school. Printz v. United States – The Supreme Court struck down that part of the federal Handgun Violence Act (the so-called Brady Bill) that required local law- enforcement to conduct background checks on perspective handgun buyers