CHAPTER 3 Federalism

Learning Objectives Copyright © 2014 Cengage Learning 2 Define federalism and compare it to other forms of government, including confederations and unitary systems of government Explain how the Constitution differentiates between federal government powers, state government powers, and concurrent powers Describe the powers accorded to Congress under Article I

Learning Objectives Copyright © 2014 Cengage Learning 3 Explain the significance of the supremacy clause, the preemption doctrine, and the full faith and credit clause of Article IV in distributing sovereignty Define the five eras of American federalism and assess the role played by the Supreme Court in articulating state-federal relations during each era

Learning Objectives Copyright © 2014 Cengage Learning 4 Evaluate different forms of federalism (layer-cake federalism versus marble-cake federalism) in the modern era Identify the advantages and disadvantages of federalism in terms of fairness and accountability

Congress and the Issues: Then and Now Copyright © 2014 Cengage Learning 5  State interests often spur legislation  Then:  Slavery  Now:  Immigration

What is Federalism? Copyright © 2014 Cengage Learning 6  Federalism: political system in which power is divided between a central authority and constituent political subunits  Must sustain this division of power by whatever means possible

What is Federalism? Copyright © 2014 Cengage Learning 7  Greatest challenge is sovereignty  Supreme political power of a government to regulate its affairs without outside interference  Sovereignty resides in the central government, and also within each of the subunits

What is Federalism? Copyright © 2014 Cengage Learning 8  Comparing Federalism to Other Systems of Government  Confederation (“confederacy”)  A league of two or more independent states that unite to achieve certain specified common aims  Unitary system  Sovereignty rests in the central government alone

Comparing Systems of Government Copyright © 2014 Cengage Learning 9

What is Federalism? Copyright © 2014 Cengage Learning 10  Government Powers in a Federal System  Enumerated: powers delegated to Congress under Article I  Necessary and proper clause  Reserved: powers retained by the states  Concurrent: powers shared by the federal and state governments

What is Federalism? Copyright © 2014 Cengage Learning 11  Supremacy clause  The Constitution and laws passed by Congress shall be “the supreme law of the land”  Overrides state constitutions or state laws  Doctrine of preemption

The Powers of the Federal and State Governments under the Constitution Copyright © 2014 Cengage Learning 12

What is Federalism? Copyright © 2014 Cengage Learning 13  Relations between the States  Full faith and credit clause, Article IV  Each state must abide by the decisions of other state and local governments  Assures stability in relations beyond state borders  Privileges and immunities clause, Article IV protects the rights of citizens to  Travel through other states  Reside in any state  Participate in trade, agriculture, and professional pursuits

What is Federalism? Copyright © 2014 Cengage Learning 14  Article III, Section 2  Gives the U.S. Supreme Court the authority to decide disputes between states Gay marriage ceremony in Massachusetts. Ellis Island.

The History of American Federalism Copyright © 2014 Cengage Learning 15  Concept of federalism has changed over time  5 eras of American Federalism  State-centered federalism: 1789–1819  National supremacy period: 1819–1837  Dual federalism:1837–1937  Cooperative federalism:1937–1990  The “new federalism”: 1990–present

The History of American Federalism Copyright © 2014 Cengage Learning 16  State-Centered Federalism ( )  Each state managed its own affairs  National Supremacy Period ( )  Marshall’s national supremacy doctrine  Key court cases  McCulloch v. Maryland  Gibbons v. Ogden

Admission of States to the Union Copyright © 2014 Cengage Learning 17

The History of American Federalism Copyright © 2014 Cengage Learning 18  Dual Federalism ( )  State authority acts as a limit on congressional power under the Constitution  Cooperative Federalism ( )  Shift from layer-cake to marble-cake federalism  Positive aspects: grants-in-aid and block grants  Negative aspect: protective conditions

The History of American Federalism Copyright © 2014 Cengage Learning 19  The “New Federalism” (1990-Present)  More attentive to state’s rights  Reagan’s focus on increased state responsibilities  Set the stage for reforms in the future

The History of American Federalism Copyright © 2014 Cengage Learning 20

Has the Federal Government Gotten Too Big? Copyright © 2014 Cengage Learning 21

Why Federalism? Advantages and Disadvantages Copyright © 2014 Cengage Learning 22  Advantages of Federalism  Accommodation of diversity  Strengthening of liberty through the division of powers  Encouragement of laboratories of democracy

Why Federalism? Advantages and Disadvantages Copyright © 2014 Cengage Learning 23  Disadvantages of Federalism  Fiscal disparities among the states  Lack of accountability