To Accompany Comprehensive, Alternate, and Texas Editions American Government: Roots and Reform, 10th edition Karen O’Connor and Larry J. Sabato  Pearson Education, 2009  Chapter 3 Federalism

The Roots of the Federal System  Under the Articles, U.S. was a confederation.  Could not be unitary system like Great Britain.  Chose a federal system.federal system  National and state governments share power.  National and state governments get power from people.National and state governments get power from people

Figure 3.1- Governments in the U.S.  Back

Figure 3.2- Systems of Government  Back

National Powers  Enumerated powers set out in Article 1, Section 8.  Include coining money, providing army, creating courts, regulating commerce between states and with foreign governments.  Necessary and proper clause is basis of implied powers.  Article VI includes supremacy clause.  Beginning with the Marshall court in McCulloch

Other Powers  Tenth Amendment deals with powers not enumerated.  Reserves rights for states or the people.  Includes regulation for health, safety, and morals.  Other powers are concurrent, or shared.  Include taxation, making laws, chartering banks.  Other powers are expressly denied.  Include bills of attainder and ex post facto laws.

Figure 3.3- Distribution of Power  Back

Relations Among the States Article III – Disputes between states settled in Supreme Court under ‘original jurisdiction’ Articles IV  States must give full faith and credit to other states.  Privileges and immunities clause guarantees equality.  States are required to extradite criminals.  States work together through interstate compacts.States work together through interstate compacts  Approved by Congress (Art.I,Sec10,clause 3)  Allow for more state control by sharing resources  Drivers License Compact – all fifty states  Emergency Management Assistance Compact – share resources in the event of a natural or man made disaster

Table 3.1- Compacts by the Numbers  Back

Relations within the States Authority of the local governments is granted by the state governments –Includes counties, municipalities, townships –Assist in the execution of the duties of the state as it relates to School districts After school programs Youth centers Zoning and building permits Public health services Mass transit Parks and recreation

The Marshall Court  Helps to define balance of state-federal power.  McCulloch v. Maryland (1819).  Concerns states’ power to tax the national government and to establish a central bank. (Supremacy Clause and Necessary and Proper Clause)  Gibbons v. Ogden (1824).  Concerns Congress’ power to regulate commerce.  Commerce power has no limits except those specifically found in the Constitution

 Defined by two separate governments.  Each has its own sphere of responsibility.  Characterized as layer-cake federalism.  Dred Scott rules that Congress cannot regulate slavery.  Civil War marked beginning of redistribution of funds to states  Morrill Land Grant Act of 1862 – established Agricultural Schools and Mechanical Engineering Schools.  Federal government grows and changes after Civil War.  Sixteenth and Seventeenth Amendments set stage. Dual Federalism,

Cooperative Federalism,  Cooperative federalism defined by collaboration.  Governments at all levels began to work together  Characterized as marble-cake federalism  States and cities both took a secondard role in governance.  Federal Grant programs funded with income taxes gave national government more say in the policies of the states.  Result of New Deal recovery efforts, 1930s.  Federal Agencies and programs (alphabetocracy)  Challenged by Supreme Court until FDR threatened increasing justices from nine to thirteen  NLRB v. Jones and Laughlin Steel Company (1937)  The Fair Labor Standards Act of 1938 – tied to minimum wage 

Cooperative Federalism, Great Society – LBJ Began to use categorical grants to the states to achieve national goals. Great Society – War on Poverty –States were not addressing social ills adequately –Federal funds channeled to states and local governments for urban renewal, education, poverty programs, Head Start, job training –Citizen action groups competed with state and local governments for federal dollars

Categorical Grants Before 1960 –Tied to a specific purpose – states matched –Assisted states (health, welfare and safety) –Not for achieving national goals After 1960 –Concern for the poor and minorities –States in the south perpetuating discrimination –Grants used to force states to behave differently –Imposed a 55 mph speed limit, minimum drinking age restrictions in return for federal dollars

New Federalism,  New Federalism defined by return to state power.  President Ronald Reagan was a pioneer.  Use of less restrictive block grants.  Also seen in 1990s Republican Revolution.  Passage of law attempting to end unfunded mandates.  President George W. Bush departs from this trend.  Prompted by 9/11 and the use of preemption.

The Devolution Revolution Growth in power of the national government during the Clinton administration due to a Republican majority in both houses of Congress. Preemption: allows the national government to override state or local actions in certain areas. Unfunded mandates: laws that require states to comply with federal regulations or face civil and/or criminal penalties.

Supreme Court and Federalism  Court has played significant role in defining federalism.  Idea of “new judicial federalism.”  Issue areas such as sovereign immunity and abortion.abortion  Rehnquist Court initially seemed pro-states.  More recent decisions were mixed.More recent decisions were mixed  Uncertainty exists about direction of Roberts Court.

AV- Access to Abortion  Back

Figure 3.4- Supreme Court and Federalism  Back