To Accompany Comprehensive, Alternate, and Texas Editions American Government: Roots and Reform, 10th edition Karen O’Connor and Larry J. Sabato  Pearson Education, 2009  Chapter 3 Federalism

Introduction 95k9v/gun-control---state-sovereigntyhttp://thecolbertreport.cc.com/videos/k 95k9v/gun-control---state-sovereignty

The Roots of the Federal System  Under the Articles, U.S. was a confederation.  In this, all powers come from the states  Could not be unitary system like Great Britain.  In Britain, all powers were given by the national government.  Neither of these were working well, so a different type was needed.

Figure 3.2- Systems of Government  Back Page 99

The Roots of the Federal System  Chose a federal system.federal system  This was a compromise between Confederation and Unitary governments  National and state governments share power.  National and state governments get power from people.National and state governments get power from people

Figure 3.1- Governments in the U.S.  Back Page 97

National Powers  Enumerated powers set out in Article 1, Section 8.  These are powers specifically granted to the government.  Include coining money, providing army, creating courts.  Necessary and proper clause is basis of implied powers.  These are powers used to carry out the enumerated powers.  Article VI includes supremacy clause, stating that federal law overrules state law.

Other Powers  Tenth Amendment deals with powers not enumerated.  Reserves rights for states or the people.  “Police Powers” includes regulation for health, safety, and morals.  Other powers are concurrent, or shared.  Include taxation, making laws, chartering banks.  Other powers are expressly denied.  States cannot enter Treaties, Coin Money, etc. Congress cannot favor one State over another or levy export taxes on States.  Include bills of attainder and ex post facto laws.

Figure 3.3- Distribution of Power  Back Page 100

Relations Among the States  States must give full faith and credit to other states.  Means that all judicial decrees and contracts will be honored in all states.  Same-Sex marriage has emerged as a question about this in recent years.  Privileges and immunities clause guarantees equality.  Citizens of any state must be given same rights as citizens of all other states.

Relations Among the States  States are required to extradite criminals.  If a state takes a criminal into custody who is wanted in another state, they must return them for trial.  States work together through interstate compacts.States work together through interstate compacts  These are contracts between states that carry the force of law.  Example is the Driver’s License Compact in all 50 states.

Table 3.1- Compacts by the Numbers  Back

The Marshall Court  Helps to define balance of state- federal power.  McCulloch v. Maryland (1819).  Stated that it is implied that Congress could charter a bank and Maryland could not tax that bank.  Supremacy Clause forbids states from taxing Federal Gov.

The Marshall Court  Gibbons v. Ogden (1824).  Concerns Congress’ power to regulate commerce through the Commerce Clause.  Ruled that Congress can regulate commercial activity and paved the way for later decisions to expand this power- including building highways, regulating the stock market, and discrimination against women.

 Defined by two separate governments.  Each has its own sphere of responsibility, and is equally powerful in that sphere.  Characterized as layer-cake federalism.  Holds that national government should not exceed its powers that were granted in the Constitution. Dual Federalism,

 Dred Scott rules that Congress cannot regulate slavery.  Federal government grows and changes after Civil War, including the additions of the 13 th, 14 th and 15 th amendments.  Court usually upheld state laws, including matters that conflicted with national laws. (Plessy v. Ferguson 1896)  Sixteenth and Seventeenth Amendments set stage for changes.  Increased revenues through an income tax and diluted power of state legislatures to select Senators, moving it to the people. Dual Federalism,

Cooperative Federalism,  Cooperative federalism defined by collaboration.  Was expanded greatly by the Great Depression.  Expansion of agencies to help fight depression expanded the role of government throughout the country.  FDR and Supreme Court fought over role of government.  Characterized as marble-cake federalism, where roles and powers merged through the different levels.

Cooperative Federalism,  FDR proposes “New Deal”- Federal Grants were used much more and expanded federal power and agencies.  Also seen in Great Society program, 1960s, which was used to fight poverty.  Included urban renewal, education, Head Start, job training.  Use of categorical grants expanded, which gave funds to states for specific purposes only, and states must match part of funds.

New Federalism,  New Federalism defined by return to state power.  President Ronald Reagan was a pioneer.  To cut federal spending, he changed the nature of the grants.  Use of less restrictive block grants, broad grants for specific categories, but with few strings attached.  Major categories used for these were health, income security, education, and transportation.

New Federalism,  Also seen in 1990s Republican Revolution.  Passage of law attempting to end unfunded mandates.  These were laws that forced state or local governments to meet federal rules or regulations, but had no federal money to assist with them.  President George W. Bush departs from this trend.  Prompted by 9/11 and the use of preemption, most notably with the No Child Left Behind Act, which greatly increased state spending on education.

Supreme Court and Federalism  Court has played significant role in defining federalism.  Idea of “new judicial federalism.”  Court began to return more powers to the states.  Issue areas such as sovereign immunity and abortion.abortion  Rehnquist Court initially seemed pro-states.  Many of its decisions restricted Congressional power in favor of the states.

Supreme Court and Federalism  More recent decisions were mixed.More recent decisions were mixed  During Bush administration, some powers of Federal government were expanded.  Court has ruled different ways depending on the issue involved more in recent years.  Uncertainty exists about direction of Roberts Court.  Will take time and more decisions to see if any change in this will continue.

Figure 3.4- Supreme Court and Federalism  Back

Roe v Wade, 1973  A pregnant woman (Roe) and a married couple with no children (the Does) filed suit against Texas state laws which banned abortion except in cases of the mother’s health  Plaintiffs argued that state laws violated the freedoms of 9 th amendment and due process of 14 th Amendment  Case involved federalism, right to privacy, and scope of state laws in limiting abortions

Roe v Wade, 1973  Decided on Jan 22, 1973  Questions: 1.Do abortion laws that criminalize all abortions, except those required on medical advice to save the life of the mother, violate the Constitution of the United States? 2.Does the Due Process Clause of the Fourteenth Amendment to the United States Constitution protect the right to privacy, including the right to obtain an abortion? 3.Are there any circumstances where a state may enact laws prohibiting abortion?  Court ruled Yes, Yes, and Yes in a 7-2 decision

Access to Abortion by State  Back

Obergefell v Hodges, 2015  14 Same-sex couples and 2 men with deceased partners filed suits against state laws barring same-sex marriages in OH, MI, KY, & TN  Plaintiffs argued that state laws violated the Equal Protection Clause and Due Process of 14 th Amendment  Case involved death benefits, adoption rights, and Veteran Spouse benefits

Obergefell v Hodges, 2015  Decided on Jun 26, 2015  Questions: 1.Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? 2.Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex that was legally licensed and performed in another state?  Court ruled Yes and Yes in a 5-4 decision