1. The Federalism Debate
September 28, 2017

2. Americans Disagree About Federalism
Nationalist
States’ Rights
Compact among the people
Favors broad scope to implied powers
Only national government has capacity to tackle social problems
Compact among the states
Federal powers should be closely limited to the delegated powers
Tenth Amendment limits federal power

3. The U.S. Supreme Court, not the states.
Nullification
The nullification debate took place before the Civil War.
Who or what has the authority to declare a law unconstitutional and thus null and void?
The U.S. Supreme Court, not the states.
Nullification is the constitutional theory that gives an individual state the right to declare null and void any law passed by the U. S. Congress which the state deems unacceptable and unconstitutional. It has no constitutional basis.

4. Nullification and Secession History
Civil War
Defense of Racism
Before the Civil War, southern state officials argued that states could refuse to honor federal laws restricting slavery. In the 1950s, several southern states invoked the doctrine of nullification in an effort to block federal efforts to force the racial integration of southern schools and other facilities.

5. Current Federalism Issues
Gun control
Clean air and water enforcement
Climate change
Educational standards and curriculum
Voting rights
Affordable Care Act
Marijuana legalization
Transgender bathroom use

6. The Supreme Court & the Federal System
Over the history of the nation, The Supreme Court has issued numerous rulings defining and redefining the relationship between the states and the national government.

7. This decision favored a strong national government.
McCulloch v. Maryland, 1819
Maryland cannot tax the national bank
Congress has authority to charter the national bank
Gives broad scope to implied powers doctrine
Historical point: In 1819, the Supreme Court was dominated by justices who favored a strong national government.
This decision favored a strong national government.

8. Dred Scott v. Sandford, 1857
Congress does not have the power to prohibit slavery in the territories. Slaves are property and cannot be taken from their owners without due process of law.
Historical point: In 1857, southerners dominated the Supreme Court.
This decision supported a states’ rights position.

9. Civil War Amendments

10. Thirteenth Amendment
Abolished slavery

11. Fifteenth Amendment
Voting rights cannot be denied or abridged on account of race, color, or previous condition of servitude.

12. Why is birthright citizenship now in the news?
Fourteenth Amendment
Birthright citizenship: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Due Process Clause: “Nor shall any State deprive any person of life, liberty, or property, without due process of law.”
Equal Protection Clause: “No state shall deny to any person within its jurisdiction the equal protection of the laws.”
Why is birthright citizenship now in the news?

13. What We Have Learned
What are the arguments for and against a strong national government?
What is nullification? Does it have a basis in the Constitution?
What was the significance of McCulloch v. Maryland?
What was the significance of the Dred Scott case?
How did the Civil War Amendments change the federal system?