Evolution of Federalism?

Learning Objectives: What four things have expanded federal power? Define the Full Faith and Credit Clause. Define the Privileges and immunities Clause. What is extradition? What is fiscal federalism? List the types of grants. What are federal mandates?

Historical Background: Human nature shows us that people are greedy. Because of this trait everyone wants to get their way. So in order to please the state leaders and achieve a new Constitution the Framers created federalism. Federalism created different spheres of power.

1. Delegated Powers; Delegated powers (also called expressed or enumerated powers) are those that are specifically granted to the federal government by the Constitution 1. 1.War powers 2. 2.Power to regulate interstate and foreign commerce Taxing & spending powers 4. 4.Power to coin money 5. 5.Power to establish a postal system 6. 6.Right to borrow on credit.

A) Expansion of federal power: 1. The commerce clause (Article One, Section 8, Clause 3) the national government has the power to regulate commerce between the U.S. and foreign nations, as well as trade between states.

The commerce clause has been expanded over time by the use of the necessary and proper clause. 2. “Necessary and proper clause” – (also called the elastic clause) states that Congress shall have the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.”

Over the years this clause has been interpreted more and more broadly, so that today, the national government regulates a wide range of commercial activities, including transportation, agriculture, labor relations, finance, and manufacturing. So now no type of commerce is controlled exclusively by the states.

Gibbon v. Ogden (1824) – defined commerce as all business dealings, not just the transfer of goods. Civil Rights Act (1964) – used the commerce clause to forbid discrimination based on race in public accommodations. Court decisions expanding federal commerce powers:

Court decisions limiting federal commerce powers: United States v. Lopez (1995) – ruled that Congress had exceeded its authority when it banned possession of guns with 1,000 feet of any school; because it had “nothing to do with commerce.” Violence against Women Act (1994) – was ruled in 2000 to overstep the Constitution with the statement that violence against women had an adverse effect on interstate commerce.

3. The Civil War; united the U.S. into one nation state, under the control of the federal government. 4. The Civil Rights Movement; allowed the federal government to define interstate commerce and racial laws on the state level.

B) Limits on Federal Power: Just because federal power has increase does not mean that the federal government can force states to comply with every federal policy. To get state compliance with federal guidelines, Congress may threaten to withhold funds if a project does not meet those guidelines. Congress has refused to finance any program in which benefits are denied because of race, color, national origin, gender, or physical handicap.

This is the cornerstone of the national government’s relations with state and local governments. Fiscal federalism; a pattern of spending, taxing, and providing grants in the federal system. The national governments most important tool of fiscal federalism is the federal grant-in-aid. Known as the carrot and the stick method for carrying out federalism. There are two types of grant-in-aid programs.

1. Categorical grants; federal funding for specific purposes (highways, airports, welfare, school lunches.) These grants usually require the state to “match” the federal grant. Medicaid and TANF account for almost 85% of all categorical grants.

2. Block grants; consolidating several categorical grants into a single “block” for prescribed broad activities, such as social services, health services, or public education. Block grants give state governments more control over how the money is used.

3. Mandate – a rule that tells states what they must do in order to comply with federal guidelines. Most mandates require the state to pay for their implementation. Most mandates apply to civil rights and environmental protection.

2. Concurrent Powers; Concurrent powers are those that both national and state governments hold. – –Power to tax – –Power to maintain a separate court system – –Police powers

3. Reserved Powers; Reserved powers are those held by the states alone. They are not listed (as delegated powers are), but they are guaranteed by the 10 th Amendment.

Restrictions on State powers; 1. Full faith and credit clause; article IV, section 1 of the U.S. Constitution requires each state to recognize the official documents and civil judgments rendered by courts of other states. 2. Extradition; alleged criminals must be returned to the state where they alleged committed a crime. 3. Privileges and immunities clause; article IV, section 2 of the U.S. Constitution requires each state to accord most of the privileges of its citizens to citizens of other states.

The End