The Federalism Debate September 28, 2017

Americans Disagree About Federalism Nationalist States’ Rights Compact among the people Favors broad scope to implied powers Only national government has capacity to tackle social problems Compact among the states Federal powers should be closely limited to the delegated powers Tenth Amendment limits federal power

The U.S. Supreme Court, not the states. Nullification The nullification debate took place before the Civil War. Who or what has the authority to declare a law unconstitutional and thus null and void? The U.S. Supreme Court, not the states. Nullification is the constitutional theory that gives an individual state the right to declare null and void any law passed by the U. S. Congress which the state deems unacceptable and unconstitutional. It has no constitutional basis.

Nullification and Secession History Civil War Defense of Racism Before the Civil War, southern state officials argued that states could refuse to honor federal laws restricting slavery. In the 1950s, several southern states invoked the doctrine of nullification in an effort to block federal efforts to force the racial integration of southern schools and other facilities.

Current Federalism Issues Gun control Clean air and water enforcement Climate change Educational standards and curriculum Voting rights Affordable Care Act Marijuana legalization Transgender bathroom use

The Supreme Court & the Federal System Over the history of the nation, The Supreme Court has issued numerous rulings defining and redefining the relationship between the states and the national government.

This decision favored a strong national government. McCulloch v. Maryland, 1819 Maryland cannot tax the national bank Congress has authority to charter the national bank Gives broad scope to implied powers doctrine Historical point: In 1819, the Supreme Court was dominated by justices who favored a strong national government. This decision favored a strong national government.

Dred Scott v. Sandford, 1857 Congress does not have the power to prohibit slavery in the territories. Slaves are property and cannot be taken from their owners without due process of law. Historical point: In 1857, southerners dominated the Supreme Court. This decision supported a states’ rights position.

Civil War Amendments

Thirteenth Amendment Abolished slavery

Fifteenth Amendment Voting rights cannot be denied or abridged on account of race, color, or previous condition of servitude.

Why is birthright citizenship now in the news? Fourteenth Amendment Birthright citizenship: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Due Process Clause: “Nor shall any State deprive any person of life, liberty, or property, without due process of law.” Equal Protection Clause: “No state shall deny to any person within its jurisdiction the equal protection of the laws.” Why is birthright citizenship now in the news?

What We Have Learned What are the arguments for and against a strong national government? What is nullification? Does it have a basis in the Constitution? What was the significance of McCulloch v. Maryland? What was the significance of the Dred Scott case? How did the Civil War Amendments change the federal system?