#1C: FEDERALISM

#1C: FEDERALISM

FEDERALISM • A political system where the powers of government are divided between a national government & regional (state & local) governments• Each level has certain authority over the same territory & people. • A Constitution outlines each level of government’s authority, powers, and prohibitions.

FEDERALISM (Goldilocks?)Two or more levels of govt have formal authority over the same geographic area & people

EXPRESSED (delegated) POWERSSpecifically granted to

the federal govt by the Constitution

$$$, taxes, interstate commerce

aka…Enumerated powers

Article I – powers to CongressArticle II – Section 2 gives power to presArticle III – judicial power to the Supreme CtArticle IV – Intergovernmental RelationshipsArticle V – Amendment Process

KEY ENUMERATED POWERS (Congress)#1 – power to regulate interstate &

foreign commerce#2 – Coin and print money#3 – Provide an army/navy#4 – Declare war#5 – Establish federal courts below

the Supreme Court#6 – Conduct foreign affairs#7 – Make all laws “NECESSARY

AND PROPER”#8 – Acquire & govern US

territories and admit new states#9 – Regulate immigration &

naturalization

IMPLIED POWERS

Come from the Necessary & Proper Clause

aka…Elastic Clause = found in Article I, Section 8, Clause 18

“to make all Laws which shall be necessary and proper for carrying into Execution the forgoing Powers and all other Powers vested by the Constitution in the Govt of the US, or in any Dept or Officer thereof”

RESERVED POWERS (states only!!)Not specifically granted to the

federal govt

Article IV, Amendment 10

Not specifically denied to the states

Held by the states vis-à-vis the 10th amendment, i.e., licensing doctors, public schools, local govts, police power, public health, safety & general welfare…

MISC POWERS • Inherent Powers: the US is a sovereign nation w/

the international right to make treaties, wage war, and acquire territory

• Concurrent Powers: exercised by federal & state, i.e., taxes, borrowing money, est courts

• Prohibited Powers: denied to nat’l & state…can’t tax exports, states can’t make treaties (Article I, Sections 9 & 10; Amendments)

NATIONAL & STATE POWERSConcurrent

• Levy taxes• Borrow money• Spend for the general welfare• Establish courts• Enact & enforce laws• Charter banks

STATE POWERSReserved

• Regulate intrastate commerce• Establish local govts• Establish public school systems• Administer elections• Protect the public’s health, welfare & morals• Regulate corporations• Establish licensing requirements for certain

regulated professions (teachers, doctors, lawyers)

FEDERALISM in practice…• Interstate Relations (Art IV)• Guarantees to the States• Advantages & Disadvantages• Establishing national supremacy• McCulloch v Maryland (1819)• Gibbons v Ogdan (1824)• Federalism TODAY

Full Faith & Credit ClauseThe Future of GayMarriage in America –

CT, MA, IA, VT, NY, DC, NH

CA?

Privileges & Immunities Clause

• Extradition = states return fugitives to a state from which they have fled @ Gov.’s request

• Interstate Compacts = states may make agreements to work together to solve regional problems (PANY & PANJ)

• Article 4 = national guarantee to the statesProvides for the states…

republican form of govtprotections against foreign invasionprotections against domestic violencerespect for the geographic integrity of states

• Prohibited powers located in Article I, Section 9 & Section 10 and are not given to the national or regional govts

Is Federalism GOOD or BAD?+1. Diverse policies (experimental/creative)2. Multiple power centers, no dominant groups3. Keeps govt close to the people; accommodates the states’ needs4. States are training grounds for national leaders5. Suited for large geographic areas & encourages diversity in local government-1. Promotes inequality b/t states2. Local interests can supersede majority (LA, NYC)3. Creates confusion4. Inflexibility inherent in a written constitution5. Complex, with many governments to deal with6. Duplication of offices and functions7. Conflicts of authority may arise

Article VI – Supremacy Clause!!!• McCulloch v Maryland (1819) – implied powers,

“necessary & proper clause”, national supremacy [EXPANSION OF FEDERAL POWER]

• Gibbons v Ogdan (1824) – Old fashioned Jersey Shore throwdown, interstate commerce, 1964 Civil Rights Act, “commerce clause” [EXPANSION OF FEDERAL POWER]

• Brown v Board of Education (1954) – school segregation is unconstitutional[EXPANSION OF FEDERAL POWER]

UNITARY SYSTEM

All power is invested in a central govt

FEDERAL SYSTEMPower is divided

between central and regional govts –

2+ levels of govt have authority over the same area/people

So…….

COOPERATIVE FEDERALISM (not Dual)

National and state govts work together to complete projects (highways)

Pattern of spending, taxing, & providing grants ($480B in 2010)

NOT dual = each level remains supreme in their own sphere

NEW Federalism = Nixon, Reagan, W. Bush – reversal of cooperative federalism, aka devolution

aka…Fiscal Federalism

FISCAL federalism…uses fiscal policy to influence the states through granting or withholding $ to pay for programs• grants-in-aid – specific projects / programs• categorical grants – project/formula grants…matching, ie Medicaid, or based on merit• Block grants – variety of purposes w/in a broad category, ie. education• Revenue sharing – “no strings attached” eliminated under Reagan• Mandates (funded & unfunded) – ie. Americans with Disabilities Act (1990)

CATEGORICAL GRANT

Funds provided for a specific & clearly defined purpose

BLOCK GRANT

Funds given to the states for broadly defined purpose

Resources from fed to state

Contribute to the # of state and local govt employees

MANDATES

Rules telling states what they MUST do to comply w/ fed guidelines

UNFUNDED mandates require state & local govts to provide services or comply w/ reguations w/o funds $$$000

DEVOLUTIONTransfer the responsibilities of governing from the fed govt to state & local govt

Constitutional Extras…• The Enlightenment (Franklin, Jefferson, Madison / reason, natural laws,

progress, liberty, toleration) + John Locke, Charles de Montesquieu, Jean-Jacques Rousseau.

• Human Nature (self-centered/selfish), Political Conflict (unequal distribution of property/factions), Purpose of Government (Locke/excessive democracy), Nature of Government (Montesquieu/checks & balances)

• The Connecticut “Great” Compromise (VA plan, NJ plan), The Three-Fifths Compromise (South = representation/North = taxes), over b/c of 13th amend

• Congress (ECON): revenue by taxing, pay debts, coin money & regulate $ value, regulate interstate & foreign commerce, est laws of bankruptcy, punish counterfeiting, est post offices

• Individual Rights: habeas corpus, bill of attainder, ex post facto, trial by jury in criminal cases, no religious qualifications for holding office

• KNOW HOW A NEW AMENDMENT GETS MADE!!! Formal – proposal/ratification & Informal – Congressional legislation, Executive Actions, Judicial Decisions, Party practices, Unwritten traditions