Federalism: Balancing Power, Balancing Rights Chapter 3

Federalism and State and Local Governments State and local governments have great influence over the daily lives of their constituents Consequently, they have great influence over the politics of race and ethnicity The concentration of racial and ethnic groups correlates with the amount of political power these groups may have

Federalism and State and Local Governments State legislatures Type of government: Bicameral and unicameral legislatures Voting issues Gerrymandering Voting Rights Act of 1965 Majority–minority districts

Black and Latino Representation in State Legislatures

Federalism and State and Local Governments Governors Line-item veto Appointing leaders for state agencies Influence racial and ethnic minority politics Offices rarely held by racial and ethnic minorities

Federalism and State and Local Governments State courts Most criminal lawsuits and prosecutions take place in state trial courts These are hierarchical systems Judges are the most important actors States vary in how judges are selected Selection processes include gubernatorial selection, direct election, and nonpartisan commission selection

Federalism and State and Local Governments Dillon’s rule versus home rule Municipalities, county commissions, and school districts

Federalism and the Constitution The Constitution and national government power Commerce Clause Necessary and Proper Clause Supremacy Clause

Federalism and the Constitution The Constitution and national government power (cont.) How states must relate to each other Extradition Clause Full Faith and Credit Clause Privileges and Immunities Clause Fugitive Slave Clause Interstate Compact Clause

Federalism and the Constitution Constitutional amendments and national power Thirteenth Amendment Fourteenth Amendment Due Process Clause Equal Protection Clause Fifteenth Amendment Nineteenth Amendment Twenty-fourth Amendment (ending poll taxes)

Federalism and the Constitution The Constitution and state power Tenth Amendment Police powers Eleventh Amendment Article 1 Electoral College

The Evolution of American Federalism Federalism in the early republic and industrialization McCulloch v. Maryland (1819) Implied power Gibbons v. Ogden (1824) Commerce clause Civil rights issues Fugitive Slave Act of 1793 Treaty of Guadalupe Hidalgo (1848) Dred Scott v. Sandford (1857) See “Our Voices: John Marshall and the Status of Indian Tribes”

The Evolution of American Federalism Dual federalism and the ascendency of state autonomy Dual federalism: A view of federalism in which the national government is limited to a strict interpretation of the powers granted in the Constitution and states enjoy broad police power to rule within their own territory

The Evolution of American Federalism Dual federalism and the ascendency of state autonomy Monopolies Child labor Grants-in-aid Civil rights issues Separate but equal principle

The Evolution of American Federalism Cooperative federalism and the growth of the national government Cooperative federalism: A view of federalism in which the national government expands its power and blurs the lines between national and state authority

The Evolution of American Federalism Cooperative federalism and the growth of the national government (cont.) Incorporation Economic regulation Categorical grants Unfunded mandates Civil rights policies Brown v. Board of Education (1954) Civil Rights Act of 1964 1975 Indian Self-Determination and Education Act

The Evolution of American Federalism The era of devolution Devolution: A view of federalism that advocates partially returning power to state and local governments

The Evolution of American Federalism The era of devolution (cont.) The role of presidents and Congress Began in 1969 under President Nixon Expanded under President Reagan Block grants

The Evolution of American Federalism The era of devolution (cont.) The role of the Supreme Court Commerce Clause Preemption Reinterpretation of the Eleventh Amendment