Copyright © 2014 Cengage Learning FEDERALISM Chapter Three

Copyright © 2014 Cengage Learning Learning Outcomes 1. Define federalism and contrast the federal system of government with the unitary and confederal systems in explaining where governmental power lies. 2. Identify two advantages and two disadvantages of the U.S. federal system. 2

Copyright © 2014 Cengage Learning Learning Outcomes 3. Locate the sources of federalism in the U.S. Constitution; using the terms “vertical control” and “horizontal control,” explain how the founders intended federalism and separation of powers to limit the expansion of national power 4. Explain the historical evolution of federalism as a result of the Marshall Court, the Civil War, the New Deal, civil rights, and federal grant-making. 5. Evaluate immigration policy as a challenge to modern federalism. 3

Copyright © 2014 Cengage Learning Three Systems of Government  Unitary system  Central government gives power to subnational governments  Local governments typically have only powers granted by central government, rather than any reserved powers  Majority of countries today 4

Copyright © 2014 Cengage Learning Three Systems of Government  Confederal system  Power retained by local/regional governments  League of independent states  Central government cannot make laws unless members support these  Examples:  Switzerland  United States (under Articles of Confederation) 5

Copyright © 2014 Cengage Learning Three Systems of Government  Federal system  Divides power between national and lower level governments  Written constitution  Each government has distinct powers that other governments cannot override  Examples:  Australia, Brazil, Canada, Germany, India, Mexico  United States 6

Copyright © 2014 Cengage Learning The Flow of Power in Three Systems of Government 7

Copyright © 2014 Cengage Learning Governmental Units in the United States 8

Copyright © 2014 Cengage Learning Why Federalism?  A practical constitutional solution  Framers wanted to combine strong central government with state traditions and local power  Large geographical size of country  Brings government closer to the people  Benefit: state governments as testing grounds  Allows for many political subcultures 9

Copyright © 2014 Cengage Learning Why Federalism?  Arguments against federalism  Way for powerful states to block plans  Inequalities across states  Some see expansion of national powers as danger  Limited rights for minority groups  James Madison, Federalist Paper No

Copyright © 2014 Cengage Learning The Constitutional Basis for American Federalism  Federal system  Authority divided  Written constitution  Central government + constituent governments  Constitution specifies three types of power 1. Powers of national government 2. Powers of the states 3. Prohibited powers 11

Copyright © 2014 Cengage Learning The Constitutional Basis for American Federalism  Powers of the national government  Enumerated Powers  Specifically granted by Constitution  Coining money, standardized weights and measures, admitting new states, postal services, declaring war  Power to regulate commerce  Implied Powers  Necessary and Proper Clause  Inherent Powers (all sovereign nations) 12

Copyright © 2014 Cengage Learning The Constitutional Basis for American Federalism  Powers of the state governments  Tenth Amendment  Reserved powers  Regulate commerce within borders, state militia, laws governing crime, marriage, contracts, education  Police power  All powers not delegated to national government 13

Copyright © 2014 Cengage Learning The Constitutional Basis for American Federalism  Concurrent powers  Not specified in Constitution  Taxation  Borrow funds  Establish courts  Charter banks and corporations  Police power (to a degree) 14

Copyright © 2014 Cengage Learning The Constitutional Basis for American Federalism  Prohibited powers  Any power not granted expressly or implicitly by Constitution is prohibited to federal government  States also denied certain powers 15

Copyright © 2014 Cengage Learning The Constitutional Basis for American Federalism  Supremacy Clause (Article VI, Clause 2)  National government actions are supreme  Conflicts between national and state government will be resolved in favor of national government  McCulloch v. Maryland 16

Copyright © 2014 Cengage Learning The Constitutional Basis for American Federalism  Vertical checks and balances  Goal to prevent national government from becoming too powerful  Each branch checks others  Vertical checks are between state and national government 17

Copyright © 2014 Cengage Learning The Constitutional Basis for American Federalism  Interstate Relations  Article IV attempts to resolve potential problems between states  Full faith and credit clause—states must honor actions of other states  Privileges and immunities  Interstate extradition  Interstate compacts 18

Copyright © 2014 Cengage Learning Defining Constitutional Powers– The Early Years  McCulloch v. Maryland (1819)  Marshall: “[W]e must never forget it is a constitution we are expounding.”  Implied powers and national supremacy  Gibbons v. Ogden (1824)  Commerce clause  Commerce power of national government could be exercised in state jurisdictions  Regulating commerce is a national power 19

Copyright © 2014 Cengage Learning States’ Rights and the Resort to Civil War  The shift back to states’ rights  Jacksonian era ( )  Regulation of commerce major issue  Tariffs generally benefitted northern industries  South Carolina withdraws from Union (1860)  Six states form Confederate States of America (1861) 20

Copyright © 2014 Cengage Learning President Lincoln Meets With Generals and Troops 21

Copyright © 2014 Cengage Learning States’ Rights and the Resort to Civil War  War and the growth of the national government  The war effort (billion dollar budget, income tax)  Civil War Amendments expand national government authority  13 th : Abolishment of slavery  14 th : Defined who was a U.S. citizen  15 th : Attempted to provide rights to freed slaves, including right to vote 22

Copyright © 2014 Cengage Learning Voting for the First Time 23

Copyright © 2014 Cengage Learning The Continuing Dispute Over the Division of Power  Dual federalism and the retreat of national authority  “Layer cake” federalism  A return to normal conditions (for some)  Role of the Supreme Court  Defends state’s rights  Limits national government power 24

Copyright © 2014 Cengage Learning The Continuing Dispute Over the Division of Power  The New Deal and cooperative federalism  End of dual federalism  Expanded role for national government  Cooperation between national government and states  “Marble cake” federalism Copyright © 2014 Cengage Learning 25

Copyright © 2014 Cengage Learning The Continuing Dispute Over the Division of Power  Methods of implementing cooperative federalism  Categorical grants  Formula grants  Program grants  Block grants  Federal mandates 26

Copyright © 2014 Cengage Learning The Politics of Federalism  Federal system not always most effective  Hurricane Katrina  What has national authority accomplished?  Economic relief  New Deal and Social Security  Civil rights and war on poverty  Child labor laws  Why should states favor the status quo? 27

Copyright © 2014 Cengage Learning The Politics of Federalism  Federalism becomes a partisan issue  The New Federalism:  Republicans and devolution  Conversion of categorical grants to block grants  Revenue sharing  Federalism in 21 st Century  Important to conservative ideology  But some liberal policy innovations at state level 28

Copyright © 2014 Cengage Learning Federalism and the Supreme Court Today  Reigning in the commerce power  United States v. Lopez  United States v. Morrison  Affordable Healthcare Act  State sovereignty and the Eleventh Amendment  Tenth Amendment issues  New York v. United States  Printz v. United States 29

Copyright © 2014 Cengage Learning Federalism and the Supreme Court Today  Other federalism cases  Mixed messages by Supreme Court on medical marijuana and death with dignity laws  Immigration policy: state or federal issue? 30

Copyright © 2014 Cengage Learning Status of Arizona-inspired Legislation Passed in

Copyright © 2014 Cengage Learning State’s Rights 32