Federalism

Terms you need to know… Federalism Federalist #51 Delegated powers Concurrent powers Prohibited powers Elastic clause McCulloch v. Maryland (1819) Commerce clause Gibbons v. Ogden (1824) Dual Federalism Cooperative Federalism Grants-in-aid Categorical grant Block grant Mandate Devolution Pros and cons of federalism

The Flow of Power in Three Systems of Government

A Unitary System Power Centralized Gives power to subnational governments (counties, provinces, etc…) State or regional government derive authority from central government Examples: United Kingdom, France Most popular form of government historically and present day

A Confederal System Power held by independent states Power is retained by local or regional governments Central government has no power to make regional government today Very few exist Examples: The EU (European Union), The Confederate States of America

A Federal System Power divided between central and state/local governments Both the government and constituent governments act directly upon the citizens Both must agree to constitutional change Examples: Canada, United States (since the adoption of the Constitution), Australia, Brazil, India, Mexico

Why Federalism? Federalism was a compromise between the desires of a strong central government and a weak central government. The large geographical size of a country made federalism more practical. Federal government can outsource responsibilities to the state and local government. Brings government closer to the people. State governments have served as training grounds for national politicians and as laboratories in which new ideas can be tested.

Arguments against Federalism Some believe state and local governments can block national plans. Examples? Does not address inequalities among states.

Disaster Relief Whose job was it to clean up New Orleans and the rest of the coast after Hurricane Katerina?

What is Federalism? Federalism Two or more governments exercise power and authority over the same people in the same territory OR…the relationship between the federal government and the state governments

Constitutional Provisions That Guide Federalism Article I, Section 8 Enumerated Powers of Congress, including the “necessary and proper clause” Article I, Section 9 Powers denied to Congress; no regulating slave trade before 1808; states to be treated uniformly Article I, Section 10 Powers denied to the states, such as treaties; impairing contracts Article IV Full faith and credit; privileges and immunities; extradition Article VI Supremacy of the national government Ninth Amendment Right not listed reserved to the people Tenth Amendment Powers not delegated to the federal government reserved by the states

The Constitution Article I = Legislative Branch Article II = Executive Branch Article III = Judicial Branch Article IV = State Relations Article V = Amendment Process Article VI = Oath of Office, Accrual of National Debt, Supremacy Clause Article VII = Ratification

Federalism: A Sharing of Powers Military Coin Money Regulate Trade Declare War Concurrent Taxing Police Courts States School Marriage Safety Health Article I, Section 8 Article I, Section 10

Overlap and Uncertainty Example: Marriage Article IV in direct conflict with Amendment X Obergefell v. Hodges

Supreme Court Shapes Federalism Two Essential Questions Can Congress create a bank? Can a state tax federal institutions? Strict Constructionists Elastic Clause/Implied Powers McCulloch v. Maryland (1819) Questioned the legality of a congressionally created bank in Baltimore No mention in the Constitution “to create a bank” State required all banks within its borders not incorporated by the states to a $15,000 tax McCulloch refused

Supreme Court Shapes Federalism Arguments: Federal government: can oversee the coastal and inland waterways NY and Fulton argued that the commerce clause empowered Congress to regulate only actual goods Article VI – Supremacy Clause Gibbons v. Ogden (1824) NY legislature granted Fulton, a steamboat captain, exclusive rights to operate on the Hudson River (monopoly) Federal government authorized and licensed a Coast Guard ship to sail the same waterways

Supreme Court Shapes Federalism Bill of Rights do not apply to the state. 14th Amendment Selective Incorporation Bill of Rights have been applied to the states through the equal protection clause Barron v. Baltimore Barron stated the city of Baltimore violated his 5th Amendment right (eminent domain) State court awarded Barron $4,500 Appellate Court reversed state courts decision Supreme Court lacked jurisdiction

Fiscal Federalsim Dual Federalism Cooperative Federalism “Layered Cake” Belief of having separate but equally powerful branches and levels of government, in which the state and national levels would both have a lot of power to balance each other out “Marbled Cake” Belief of all the levels of government working together cooperatively to achieve and solve common problems.  Popular under FDR (Great Depression) up until the 1970s