1. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Federalism Chapter 3

2. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Defining Federalism What is Federalism? – Federalism : a way of organizing a nation so that two or more levels of government have formal authority over the land and people – Unitary governments : a way of organizing a nation so that all power resides in the central government – Confederation : The United Nations is a modern example. – Intergovernmental Relations : the workings of the federal system- the entire set of interactions among national, state and local governments

3. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Disaster Relief Who’s job was it to clean up New Orleans and the rest of the coast after Katrina?

4. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. No Child Left Behind Should the national government step in to regulate school performance?

5. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Defining Federalism

6. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Defining Federalism Why Is Federalism So Important? –Decentralizes our politics More opportunities to participate –Decentralizes our policies Federal and state governments handle different problems. –States regulate drinking ages, marriage, and speed limits. States can solve the same problem in different ways and tend to be policy innovators.

7. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Constitutional Basis of Federalism The Division of Power –Supremacy Clause: Article VI of the Constitution states the following are supreme: The U.S. Constitution Laws of Congress Treaties –Yet, national government cannot usurp state powers. Tenth Amendment

8. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Federalist #51 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 government

9. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Constitutional Basis of Federalism

10. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Constitutional Basis of Federalism Establishing National Supremacy –Implied and enumerated powers McCulloch v. Maryland (1819) –Commerce Powers Gibbons v. Ogden (1824) –The Civil War (1861-1865) –The Struggle for Racial Equality Brown v. Board of Education (1954)

11. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. McCulloch v. Maryland (1819) 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 Is a Bank of the US Constitutional? YES. The national government 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.

12. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. McCulloch v. Maryland (1819) 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

13. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Commerce clause 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.

14. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Gibbons v. Ogden (1824) 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 Result – Gibbons wins Expanded national power in all areas of commerce law because nation overruled state in interstate trade issues Fed Government gets STRONGER All trade today is primarily controlled by national law

15. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Commerce Clause 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 Fed government power increased

16. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. United States v. Lopez (1995) Commerce clause!!! 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

17. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Gonzalez v. Raich (2005) Commerce clause!!! Medicinal Marijuana 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

18. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Hammer v. Dagenhart 1918 The Court ruled under the 10 th Amendment, only the states and not the federal government could regulate child labor On the grounds that manufacturing is not commerce and not subject to federal regulation.

19. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. South Dakota v. Dole 1987 Federal law that would withhold 5 percent of a state’s highway funds if it did not raise its minimum drinking age to 21. Ruled constitutional. Court believed it was passed in the interest of the “general good” and by “reasonable means.”

20. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. United States v. Morrison 2000 Supreme Court ruled neither the Commerce Clause nor the Fourteenth Amendment gave Congress the power to enact the Violence Against Women Act.

21. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Constitutional Basis of Federalism States’ Obligations to Each Other –Full Faith and Credit: Each state must recognize official documents and judgments rendered by other states. – Article IV, Section I of Constitution –Privileges and Immunities: Citizens of each state have privileges of citizens of other states. – Article IV, Section 2 of Constitution –Extradition: States must return a person charged with a crime in another state to that state for punishment.

22. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Intergovernmental Relations Today Dual Federalism –Definition: a system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies –Like a layer cake –Narrowly interpreted powers of federal government –Ended in the 1930s

23. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. 2 Federalisms TWO METAPHORS… Dual Federalism – Layer Cake Cooperative Federalism – Marble Cake Federal State

24. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Powers - Delegated Powers (enumerated powers) – powers given to Fed govenment by Constitution - Reserved Powers – state power alone - Concurrent Powers – shared - Prohibited Powers – denied from both -Ex. Neither government can tax exports

25. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Elastic Clause Aka – “Necessary and Proper Clause” Art. I, Sec. 8, Cl. 18 - "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." Impossible to predict all powers Congress will need to function, sometimes we might have to allow Congress extra powers to fulfill their delegated powers

26. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Intergovernmental Relations Today Cooperative Federalism –Definition: a system of government in which powers and policy assignments are shared between states and the national government –Like a marble cake –Shared costs and administration –States follow federal guidelines

27. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Intergovernmental Relations Today 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? A – Money Fiscal Federalism –Definition: the pattern of spending, taxing, and providing grants in the federal system –The cornerstone of the national government’s relations with state and local governments

28. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Intergovernmental Relations Today

29. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Intergovernmental Relations Today The Grant System: Distributing the Federal Pie Categorical Grants: federal grants that can be used for specific purposes; grants with strings attached –Project Grants: based on merit –Formula Grants: amount varies based on formulas Block Grants: federal grants given more or less automatically to support broad programs Grants are given to states and local governments.

30. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Fiscal Federalism The Scramble for Federal Dollars $460 billion in grants every year Grant distribution follows universalism—a little something for everybody. The Mandate Blues Mandates direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant. Unfunded mandates

31. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Mandates 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

32. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Understanding Federalism Advantages for Democracy –Increases access to government –Local problems can be solved locally –Hard for political parties or interest groups to dominate all politics Disadvantages for Democracy –States have different levels of service –Local interest can counteract national interests –Too many levels of government and too much money

33. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Change in Spending Shift towards Federal Government Spending Federa l StateLocal (City) 1929 17%23%60% 1939 47%23%30% 1960 64%17%19% 1997 66%19%15%

34. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Understanding Federalism

35. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Devolution 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”

36. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Devolution Example 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

37. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Understanding Federalism

38. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Understanding Federalism Federalism and the Scope of Government –What should the scope of national government be relative to the states? National power increased with industrialization, expansion of individual rights, and social services. Most problems require resources afforded to the national, not state governments.

39. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Understanding Federalism

40. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Federalism is good 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

41. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Federalism is bad 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