1. Chapter 3 Federalism

2. WHO GOVERNS? TO WHAT ENDS?
1. Where is sovereignty located in the American political system?
2. How is power divided between the national government and the states under the constitution?
TO WHAT ENDS?
1. What competing values are at stake in federalism?
2. Who should decide which matters ought to be governed mainly or solely by national laws?
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3. Why Federalism Matters I:A-C
Federalism is a system in which the national government shares power with state/local governments.
State governments have the authority to make final decisions over many governmental actions.
The most persistent source of political conflict is between national and state governments.
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4. The Founding II:A-B
A Bold New Plan: A “federal republic” for which there was no precedent
Elastic Language
Formatting?
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5. Elastic Clause Aka – “Necessary and Proper Clause”
Art. I, Sec. 8, Cl "The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
Impossible to predict all powers Congress will need to function, sometimes we might have to allow Congress extra powers to fulfill their delegated powers

6. The Debate on the Meaning of Federalism III:A-B
The Supreme Court
Speaks
Nullification
Bowdoin College Museum of Art, Brunswick, Maine, Bequest of the Honorable James Bowdoin
Thomas Jefferson was an ardent supporter of states’ rights, p. 54
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7. McCulloch v. Maryland (1819)
Background
Bank of the US operated in Maryland
Maryland did not want BoUS to operate in state, competition unwanted, unfair
Maryland taxed the bank to put it out of business
McCulloch, BoUS employee, refused to pay the state tax

8. McCulloch v. Maryland (1819)
Is a Bank of the US Constitutional?
YES. The national gov’t has certain implied powers that go beyond delegated powers. US needs a national bank for borrowing, lending, holding minted money, etc. All of which are delegated powers.

9. McCulloch v. Maryland (1819)
Can a state tax the federal gov’t?
-NO. The federal gov’t is supreme. Since the BoUS is constitutional, only the feds may tax it.
-John Marshall reaffirmed Supremacy Clause and Elastic Clause
-National (Federal) Gov gets STRONGER

10. The Granger Collection
At one time the states could issue their own paper money, such as this New York currency worth 25 cents in Under the Constitution, this power was reserved to Congress. p. 55

12. The Debate on the Meaning of Federalism III:C
The Supreme Court
Speaks
Nullification
Dual Federalism
Bowdoin College Museum of Art, Brunswick, Maine, Bequest of the Honorable James Bowdoin
Thomas Jefferson was an ardent supporter of states’ rights, p. 54
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13. 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.”
Congress given the power to regulate commerce between foreign countries and US as well as state to state… they control business law.

14. Gibbons v. Ogden (1824) 1824 – aka “The Steamboat Case”
Ogden received a state licensed monopoly to run a ferry across the Hudson River
Gibbons also saw the potential of the traffic between NJ and NY and obtained a federal license.
Ogden sued saying he had the valid state license, even though Gibbons had US license

15. Gibbons v. Ogden (1824) Result – Gibbons wins
Expanded national power in all areas of commerce law because nation overruled state in interstate trade issues
Fed Gov’t gets STRONGER
All trade today is primarily controlled by national law

16. Commerce Clause Who cares? Why is it important?
Gibbons v. Ogden ruling makes a loop hole giving Congress power to take control over any issue involving the movement of people, or things
Fed gov’t power increased

17. United States v. Lopez (1995)
1995 – “Gun Free School Zone” law banned possession of a firearm within 1000 feet of a school, 12 year old Lopez carried a gun on to the property
Declared law unconstitutional – “nothing to do with commerce” – carrying a weapon through a school zone is too much of a stretch for “commerce”
LIMITED National government power

18. 2 Federalisms? OLD SCHOOL – Dual Federalism
Federal and state governments remain dominant in their separate spheres of influence
Gibbons v. Ogden proved life is not that simple
NEW SCHOOL – Cooperative Federalism
State and Federal governments work together to solve complex problems

19. 2 Federalisms TWO METAPHORS… Dual Federalism – Layer Cake
State
Cooperative Federalism – Marble Cake

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21. Fiscal Federalism Fiscal means $
Q – How do you get the states to do things they normally wouldn’t do?
A – Money

22. The Debate on the Meaning of Federalism III:D
The Supreme Court
Speaks
Nullification
Dual Federalism
State Sovereignty
Bowdoin College Museum of Art, Brunswick, Maine, Bequest of the Honorable James Bowdoin
Thomas Jefferson was an ardent supporter of states’ rights, p. 54
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23. Governmental Structure IV:A:1-4
Federalism
Unitary Government
Special Protections
The Granger Collection, New York
Federalism has permitted experimentation. Women were able to vote in the Wyoming Territory in 1888, long before they could do so in most states, p. 62
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24. Figure 3.1 Lines of Power in the Federal System of Government
Replace with jpeg, p. 53
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25. Figure 3.1 Lines of Power in the Federal System of Government

26. Figure 3.1 Lines of Power in the Federal System of Government

27. Governmental Structure IV:A
Federalism: Good or Bad?
Increased Political Activity
What the States can do
Initiative
Referendum
Recall
The Granger Collection, New York
Federalism has permitted experimentation. Women were able to vote in the Wyoming Territory in 1888, long before they could do so in most states, p. 62
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28. Federalism is bad IV:B:1
Living under 2 governments is bad…
States can impede progress of Nation
States are unequal
States have different policy
Easier for states to be dominated by interest groups

29. Federalism is good IV:B:2
Living under 2 governments is great…
Built on compromise, promotes unity
Gov’t duties can be split up
Brings gov’t closer to people
Allows for state gov’t to address issues in unique regions of the country
Allows states to experiment with policy before enacting it at the federal level – Ex. Vermont’s free health care for children

30. Federalist #51 Defends the Constitution
Explains why a strong gov’t is necessary
“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.”
Defends separation of powers between state and national gov’t

31. p. 59
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32. Federal-State Relations V:A-F
Grants-In-Aid
Meeting National Needs
The Intergovernmental
Lobby
Categorical Grants
Rivalry Among the
States
David Young-Wolff/PhotoEdit
Some of the nation’s greatest universities,
such as the University of California at Los Angeles, began as land-grant colleges. p. 64
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34. Source: Budget of the U.S. Government, Fiscal Year 2009.
Replace with jpeg, p. 64
Source: Budget of the U.S. Government, Fiscal Year 2009.
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35. New York police check backpacks as passengers enter a ferry when the city was on high alert in p. 65
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36. Figure 3.2 The Changing Purpose of Federal Grants to State and Local Governments
Note: Totals may not add up to 100 percent because of rounding.
Source: Budget of the U.S. Government, Fiscal Year 2007, table 12.1.

37. Federal Aid and Federal Control VI:A-C
Mandates
Conditions of Aid
Mario Tama/Getty Images
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38. Mandates
1986 – Asbestos Emergency Response Act, Handicapped Children’s Protection Act
1988 – Drug-free Workplace Acts, Ocean Dumping Ban Act
1990 – Clean Air Act
EX – Columbus, OH spends 23% of the city budget trying to meet environmental mandates (including testing for pesticides used on rice and pineapple)
EX – Public schools have to use Internet filtering or schools lose e-rate subsidies

39. A Devolution Revolution? VII:A-C
Devolution shifts many federal functions to the states.
Most Americans favor devolution, but not if that means cuts in government programs that benefit most citizens.
What have been the consequences of devolution?
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40.
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41. Robin Nelson/Corbis
A woman who heads a faith-based organization works with a jailed teenager to help him overcome his problems. p. 70
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42. Congress and Federalism VIII:1-2
WHY IS THERE SO MUCH POLITICAL AND POLICY DIVERSITY IN THE UNITED STATES?
State and local governments have retained certain constitutional protections.
Members of Congress think of themselves as representatives of localities to Washington, not as representatives of Washington to the localities.
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