Pearson Longman PoliticalScienceInteractive Shea, Green, and Smith Living Democracy, Second Edition Chapter 3: Federalism

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman Dividing Governmental Authority In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the right of the people. James Madison, Federalist No. 51

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman Dividing Governmental Authority Our federal system of government has often been a source of conflict. How do we decide which powers should rest with the states and which should belong to the national government?

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman Is the federal government getting too big to provide an effective response to local problems? Dividing Governmental Authority

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman Why Divide Authority in the First Place? The Constitution may have never been ratified if the Framers had pushed for a unitary system. Federalism was a compromise, allowing the states to maintain their independence.

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman Sikh, living in California Moved to activism following changed climate after September 11, 2001 Student Profile: Harkirat Hansra

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman The Evolution of Federalism “State-Centered Federalism” 1787 to 1868 From the adoption of the Constitution to the end of the Civil War, the states were the most important units of the American Federal System. McCulloch v. Maryland was decided during this phase.

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman Chief Justice, 1801–1835 Marbury v. Madison, 1803 McCulloch v. Maryland, 1818 –used Constitution’s necessary and proper clause His opinions helped to weaken states’ rights. Pathways Profile: John Marshall

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman Evolution of Federalism Doctrine of Nullification –Each state could declare any laws or actions of the national government “null and void.” Doctrine of Secession –States could choose to withdraw from the United States if they wanted. –Used by the Confederate States in the Civil War.

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman Counter-example, with no legitimate pathway taken Violence used instead Pathways of Action: The Civil War and the Failure of American Politics

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman Evolution of Federalism “Dual Federalism” 1868 to 1913 In this phase, the national government narrowly interpreted its delegated powers and the states continued to decide most domestic policy issues.

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman Evolution of Federalism After the Civil War, industrialization and urbanization created new challenges for the federal system.

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman Federal Power: The Supreme Court and the New Deal Franklin D. Roosevelt was elected in 1932, in the midst of the Great Depression. Supreme Court blocked many of his New Deal laws. Roosevelt responded with a “court-packing” plan. Evolution of Federalism

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman Evolution of Federalism

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman Past Trends in Federalism The system was likened to a marble cake in that “as the colors are mixed in a marble cake, so functions are mixed in the American federal system.” Cooperative Federalism 1913 to 1964

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman The presidency of Lyndon B. Johnson (1963–1969) marked a critical point in the evolution of federalism. Past Trends in Federalism The Great Society and Creative Federalism

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman Johnson’s “Great Society” –War on Poverty Federal funds were directed to states, local government, and a wide variety of social programs. Past Trends in Federalism The Great Society and Creative Federalism

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman Past Trends in Federalism The Great Society and Creative Federalism

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman Past Trends in Federalism The Great Society and Creative Federalism

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman Grants-in-Aid Federal funds given to state and local governments on the condition that the money be spent for specified purposes, defined by officials in Washington. In 2004, the federal government spent $418,091,000,000 in grants-in-aid to state and local government. Past Trends in Federalism The Changing Nature of Federal Grants

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman Block grants Federal funds given to states, which have discretion in spending the money Past Trends in Federalism The Changing Nature of Federal Grants In 1996 there was a shift from Categorical Grants to Block Grants.

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman Recent Trends in Federalism Ronald Reagan sought to return more power and responsibility to the states. “Government is not the solution; it’s the problem.” –Ronald Reagan

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman John Dillon, Iowa Supreme Court –New definition of the relationship between state and local governments Home Rule City governments free, except where prohibited by state law. Recent Trends in Federalism Dillon’s Rule v. Home Rule

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman Devolution The Republican “Contract with America” called for devolution—the transfer of political and economic power to the states. Recent Trends in Federalism

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman The Supreme Court’s Shift in Perspective Beginning in 1995, justices interested in granting more deference to state authority gained a slim five-to-four majority in the Supreme Court. United States v. Lopez (1995) Printz v. United States (1997) United States v. Morrison (2000) Recent Trends in Federalism

Chapter 3: Federalism Shea, Green, and Smith, Living Democ racy, Second EditionCopyright 2009 Pearson Longman Ukrainian movements – Orange Revolution – Nashi youth movement Freedom fighters, or tool of the Kremlin? Pathways of Change from Around the World: Ukraine