FEDERALISM STUDENT NOTES 2

Gonzales v. Raich: The Supreme Court Decides BACKGROUND: Angel Raich and Diane Monson grew medical marijuana in their homes under the supervision of a doctor under a California law QUESTION: Does the power of the federal government to ban marijuana under the Controlled Substances Act supersede California’s legalization of medical marijuana? MAJORITY DECISION: The federal government can control the market for marijuana under the interstate commerce clause REASONING: “the CSA regulates quintessentially economic activities: the production, distribution, and consumption of commodities for which there is an established, and lucrative, interstate market” The chapter began with a description of this case. Dealing with a California law legalizing medicinal marijuana in clear objection to a federal law defining it as an illegal substance. This case and Lopez both deal with the definition of commerce. Have students compare the background, question, decision, and reasoning of both cases and evaluate why they have difference utcomes.

ADVANTAGES of STRONG STATES Laboratories of democracy Suffrage, healthcare reform, welfare reform, environmental innovation State and local govs are closer to the people “Statehouse democracy” Increases participation Responsive to citizen needs States provide more access to the political system Responsiveness is quicker Local involvement (campaigning; school board meeting) States provide an important check on national power States compete for your residence/business

DISADVANTAGES of TOO MUCH state power Unequal distribution of resources Unequal protection of civil rights “Competitive federalism” may burden state budgets

OPPOSING PERSPECTIVES Liberal view – national government was superior and leading force in political affairs, since the people created it and its laws were the “supreme law of the land” Conservative view – believed that “the people” were the ultimate sovereigns, and since the Constitution was a result of agreement among the states, the states were supreme over the national gov.

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 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

Constitutional Provisions That Guide Federalism Article IV—Full faith and credit; privileges and immunities; extradition Article VI—Supremacy of the national government 9th Amendment—Rights not listed reserved by the people 10th Amendment—Powers not delegated to the federal government reserved by the states

McCulloch v. Maryland (1819) BACKGROUND: Second Bank of United States had a branch in Maryland. The state passed a law taxing the bank, and the bank official refused to pay the tax QUESTION: Is the Bank of the United States Constitutional? If so, can a state tax it? DECISION: Constitutional under the implied powers of congress RESULT: strengthened power of national government: Necessary and Proper Clause and Supremacy Clause

Review Question: Free Response

COMMERCE CLAUSE Art. I, Sec. 8, Cl. 3 – ‘The Congress shall have power - To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” Congress has used the elastic clause to stretch this power What is commerce? “Buying and selling of goods and services.”

Gibbons v. Ogden (1824) BACKGROUND: two men both had licenses to operate a business on the Hudson River, one a federal and one a state. Each desired a monopoly to operate their business QUESTION: Whose license was supreme – the state or federal? DECISION: the federal license belonging to Thomas Gibbons under the commerce clause because this was a dispute in an area between two states, jurisdiction of the federal government RESULT: strengthened power of national government: Commerce clause

United States v. Lopez BACKGROUND: QUESTION: MAJORITY DECISION: Alfonso Lopez brought a gun to school and was charged with violating the Gun Free School Zones Act of 1990 QUESTION: Is the Gun-Free School Zones Act unconstitutional because it exceeds the power of Congress to legislate under the Commerce Clause? MAJORITY DECISION: 5-4 decision, “the possession of a gun in a local school is in no sense an economic activity that might…substantially affect any sort of interstate commerce.” REASONING: If bringing a gun to school was commerce than anything could be commerce – too much of a limit on state police powers

DECENTRALIZATION (advantage) Federalism decentralizes power: If no one person holds more power than another, than there is no room for abuse of that power. (Madisonian principle- Federalist #51) Increased: Political Participation/Public Involvement Access/Decisions

IN COMPARISON Unitary Governments: all power resides in the central government Confederation: national government is weak and most or all power in hands of components (A of C)

Systems of Government Note: In a unitary system, power that is delegated to the sub national units is not constitutionally protected. In a federal system, power at lower levels is constitutionally protected and cannot be taken away by the central government