1. Chapter 3 Federalism

2. Copyright © 2011 Cengage WHO GOVERNS? WHO GOVERNS? 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? 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?

3. Why Federalism Matters I:A-C Federalism is a system in which the national government shares power with state/local governments. 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. 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. The most persistent source of political conflict is between national and state governments. Copyright © 2011 Cengage

4. The Founding II:A-B A Bold New Plan: A “federal republic” for which there was no precedent A Bold New Plan: A “federal republic” for which there was no precedent Elastic Language Elastic Language

5. Elastic Clause Aka – “Necessary and Proper Clause” Aka – “Necessary and Proper Clause” Art. I, Sec. 8, Cl. 18 - "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." Art. I, Sec. 8, Cl. 18 - "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 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. Copyright © 2011 Cengage The Debate on the Meaning of Federalism III:A-B The Supreme Court The Supreme Court Speaks Speaks Nullification Nullification Thomas Jefferson was an ardent supporter of states’ rights, p. 54 Bowdoin College Museum of Art, Brunswick, Maine, Bequest of the Honorable James Bowdoin

7. McCulloch v. Maryland (1819) Background Bank of the US operated in Maryland Bank of the US operated in Maryland Maryland did not want BoUS to operate in state, competition unwanted, unfair Maryland did not want BoUS to operate in state, competition unwanted, unfair Maryland taxed the bank to put it out of business Maryland taxed the bank to put it out of business McCulloch, BoUS employee, refused to pay the state tax McCulloch, BoUS employee, refused to pay the state tax

8. McCulloch v. Maryland (1819) Is a Bank of the US Constitutional? 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. At one time the states could issue their own paper money, such as this New York currency worth 25 cents in 1776. Under the Constitution, this power was reserved to Congress. p. 55 The Granger Collection

12. Copyright © 2011 Cengage The Debate on the Meaning of Federalism III:C The Supreme Court The Supreme Court Speaks Speaks Nullification Nullification Dual Federalism Dual Federalism Thomas Jefferson was an ardent supporter of states’ rights, p. 54 Bowdoin College Museum of Art, Brunswick, Maine, Bequest of the Honorable James Bowdoin

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.” 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 Congress has used the elastic clause to stretch this power What is commerce? “Buying and selling of goods and services.” 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. 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” 1824 – aka “The Steamboat Case” Ogden received a state licensed monopoly to run a ferry across the Hudson River 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. 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 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 Expanded national power in all areas of commerce law because nation overruled state in interstate trade issues Fed Gov’t gets STRONGER Fed Gov’t gets STRONGER All trade today is primarily controlled by national law All trade today is primarily controlled by national law

16. Commerce Clause Who cares? Why is it important? 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 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 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 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” 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 LIMITED National government power

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

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

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

22. Copyright © 2011 Cengage The Debate on the Meaning of Federalism III:D The Supreme Court The Supreme Court Speaks Speaks Nullification Nullification Dual Federalism Dual Federalism State Sovereignty State Sovereignty Thomas Jefferson was an ardent supporter of states’ rights, p. 54 Bowdoin College Museum of Art, Brunswick, Maine, Bequest of the Honorable James Bowdoin

23. Governmental Structure IV:A:1-4 Federalism Federalism Unitary Government Unitary Government Special Protections Special Protections Copyright © 2011 Cengage 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 The Granger Collection, New York

24. Figure 3.1 Lines of Power in the Federal System of Government Copyright © 2011 Cengage

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

27. Governmental Structure IV:A Federalism: Good or Bad? Federalism: Good or Bad? Increased Political Activity Increased Political Activity What the States can do What the States can do Initiative Referendum Recall Copyright © 2011 Cengage 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 The Granger Collection, New York

28. Federalism is bad IV:B:1 Living under 2 governments is bad… States can impede progress of Nation States can impede progress of Nation States are unequal States are unequal States have different policy States have different policy Easier for states to be dominated by interest groups 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 Built on compromise, promotes unity Gov’t duties can be split up Gov’t duties can be split up Brings gov’t closer to people Brings gov’t closer to people Allows for state gov’t to address issues in unique regions of the country 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 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 Defends the Constitution Explains why a strong gov’t is necessary 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.”“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 Defends separation of powers between state and national gov’t

31. Copyright © 2011 Cengage p. 59

32. Federal-State Relations V:A-F Grants-In-Aid Grants-In-Aid Meeting National Needs Meeting National Needs The Intergovernmental The Intergovernmental Lobby Lobby Categorical Grants Categorical Grants Rivalry Among the Rivalry Among the States States Copyright © 2011 Cengage Some of the nation’s greatest universities, such as the University of California at Los Angeles, began as land-grant colleges. p. 64 David Young-Wolff/PhotoEdit

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34. Source: Budget of the U.S. Government, Fiscal Year 2009.

35. New York police check backpacks as passengers enter a ferry when the city was on high alert in 2005. p. 65 Copyright © 2011 Cengage

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. Copyright © 2011 Cengage Federal Aid and Federal Control VI:A-C Mandates Mandates Conditions of Aid Conditions of Aid Mario Tama/Getty Images

38. Mandates 1986 – Asbestos Emergency Response Act, Handicapped Children’s Protection Act 1986 – Asbestos Emergency Response Act, Handicapped Children’s Protection Act 1988 – Drug-free Workplace Acts, Ocean Dumping Ban Act 1988 – Drug-free Workplace Acts, Ocean Dumping Ban Act 1990 – Clean Air 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 – 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 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. 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. Most Americans favor devolution, but not if that means cuts in government programs that benefit most citizens. What have been the consequences of devolution? What have been the consequences of devolution? Copyright © 2011 Cengage

40. http://thepoliticalcarnival.net/wp- content/uploads/2012/11/chart-red- state-socialism.jpg http://thepoliticalcarnival.net/wp- content/uploads/2012/11/chart-red- state-socialism.jpg http://thepoliticalcarnival.net/wp- content/uploads/2012/11/chart-red- state-socialism.jpg http://thepoliticalcarnival.net/wp- content/uploads/2012/11/chart-red- state-socialism.jpg Copyright © 2011 Cengage

41. A woman who heads a faith-based organization works with a jailed teenager to help him overcome his problems. p. 70 Copyright © 2011 Cengage Robin Nelson/Corbis

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. 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. Members of Congress think of themselves as representatives of localities to Washington, not as representatives of Washington to the localities. Copyright © 2011 Cengage