Consider: When should state governments be able to make laws on
their own, and when should they not? Homework: Assignment 11 for
tomorrow; Collaborize by Mon. Federalism and Speed Limits
Slide 2
Federalism The Tug-of-War Between States and the National
Government ITS ALIVE!!!! Homework: Assignment 10 for tomorrow
Slide 3
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED
IA_1/polisci/presidency/OConner_Ch03_Federalism_Seg1_ v2.html 3
Video: The Big Picture
Slide 4
Federalism The Tug-of-War Between States and the National
Government
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Federalism
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Federalism
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Federalism How/where is federalism established in the
Constitution? Why do you think this was something the Framers
developed? How is federalism different from the concept of the
separation of powers? How is this different from the principle of
checks and balances?
Slide 8
FIGURE 3.1: Where does governmental authority come from?
3.1
Slide 9
British Colonial Rule Powerful British Government Political
Subunits (Colonies) some self- government, but not much Unitary
System all power flows from one central government
Slide 10
Articles of Confederation 1781 1789 RIP Confederate System
power concentrated in political subunits (states) with a weak
central government (typically unite for a common goal)
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The US Constitution Central US government State governments
Federal System powers are divided and/or shared between state and
central governments (Current govt designed by framers) - Key
component: states/subdivisions have the final word on some
decisions
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Slide 13
FIGURE 3.3: How many governments exist in the United States?
3.1
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When do national and state governments work together? 3.1
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Analyzing our Federal System What advantages does the federal
system provide our nation? What problems exist because of our
federal system? What is the difference between the states rights
position and the nationalist position with regard to government
power?
Slide 16
Explore the Simulation: You Are a Federal Judge
http://media.pearsoncmg.com/long/long_longman_media
_1/2013_mpsl_sim/simulation.html?simulaURL=3 3.1
Slide 17
Consider: How has federalism seemed to follow a back and forth
course over American history? Homework: Assignment 12 for Tuesday;
Collaborize by Mon.
Slide 18
Madisons Arguments in Federalist 39 The topic: Whether the
nature of the republic created by the Constitution is of a wholly
(con)federal or wholly national character. This was intended to
answer critics who said the Constitution consolidated the states
into a unitary government, and took away the sovereignty of the
states entirely. Madison claims that the nature of the government
is indeed not wholly federal, or wholly national, but rather a
composition of both. He cites the following four areas to make his
argument. Foundation: States will ratify the Constitution (F)
Sources of power: House and Senate, President (F/N) Extent: states
have some control (F/N) Amendments: process includes states and
national gov. (F/N)
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Consider: Do you think we are in a period where the federal
government is asserting itself, or where states seem to be gaining
in power vis--vis the fed? Homework: Assignment 12 for tomorrow;
Unit 1 test Th/Fr "President Obama warned that the government could
shut down in two weeks. Obama added, 'Not because of a budget
impasse but because we'll all be watching the last episode of
'Breaking Bad.'" Conan O'Brien "Starbucks announced they don't want
customers bringing guns into their stores. Meanwhile, Dunkin'
Donuts said there is nothing you can bring in here that's more
dangerous than what we serve." Conan O'Brien "Brazil's President
Dilma Rousseff is apparently so mad over the NSA's spying scandal
that she has canceled her trip to the White House next month. Of
course it didn't help when Brazil called to say they weren't coming
and the White House was like, 'Yeah, we heard.'" Jimmy Fallon "Cher
has turned down an invitation to sing at the 2014 Olympics in
Russia because of Russia's anti-gay laws. Their anti-gay laws are
so strict, men can be arrested just for showing up at a Cher
concert." Jay Leno
Slide 20
Federalism and the Marshall Court Defining National Power:
McCulloch v. Maryland (1819) Affirming National Power: Gibbons v.
Ogden (1824) Limiting the Bill of Rights: Barron v. Baltimore
(1833) 3.2
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Defining National Power: McCulloch v. Maryland (1819) First
Court decision to define national and state government relationship
Could Congress charter a bank? Could states tax it? Ruling:
Congress power to charter a bank falls under its power to tax, etc.
States cannot tax because the natl gov needs to remain supreme
3.2
Slide 22
Affirming National Power: Gibbons v. Ogden (1824) Congresss
authority under commerce clause disputed Power to regulate just
products or commercial activity too? Ruling: Congress can regulate
commercial activity New York had no authority to grant monopoly
3.2
Slide 23
Limiting the Bill of Rights: Barron v. Baltimore (1833) Due
process clause Guaranteed by Fifth Amendment Action by state, not
federal, government caused damages Federal government not at fault
for state actions 3.2
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States Assert Their Powers: Nullification Nullification States
declare federal laws invalid Alien and Sedition Acts (1798)
Unconstitutional Tariff of Abominations (1828) Southern states use
nullification to resist anti-slavery laws 3.3
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States Rights and the Dred Scott Decision Dred Scott v.
Sandford (1857) Slaves were property, not citizens Congress could
not ban slavery in new territories Enhanced states power 3.3
Slide 26
The Rehnquist Court Appointed by Reagan Committed to states
rights Rolled back federal authority U.S. v. Lopez (1995) 3.6
Slide 27
United States v. Lopez Facts The Gun-Free School Zones Act of
1990 (GFSZA) made it unlawful for any individual knowingly to
possess a firearm at a place that he knew or had reasonable cause
to believe was a school zone. Alfonso Lopez, Jr., a 12th-grade
student, carried a concealed and loaded handgun into his high
school and was arrested and charged under Texas law with firearm
possession on school premises. The next day, the state charges were
dismissed after federal agents charged Lopez with violating the
Act. Issues Does the GFSZA exceed Congress authority under the
Commerce Clause? What categories of activity may Congress regulate
under its commerce power?
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Holding and Rule (Rehnquist) Yes. The GFSZA exceeded Congress
authority under the Commerce Clause. The three broad categories of
activity that Congress may regulate under its commerce power are:
a) the use of the channels of interstate commerce; b) the
instrumentalities of interstate commerce, or persons or things in
interstate commerce, even though the threat may come only from
intrastate activities; and c) those activities having a substantial
relation to interstate commerce, i.e., those activities that
substantially affect interstate commerce. The Supreme Court held
that the GFSZA exceeded Congress Commerce Clause authority. The
possession of a gun in a local school zone is in no sense an
economic activity that might, through repetition elsewhere, have a
substantial effect on interstate commerce. Neither the Act itself
nor its legislative history expresses congressional findings
regarding the effects of gun possession in a school zone on
interstate commerce. To uphold the Governments contention that the
Act is justified because firearms possession in a local school zone
does indeed substantially affect interstate commerce would require
this Court to pile inference upon inference in a manner that would
convert congressional Commerce Clause authority to a general police
power of the sort held only by the States.
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Dissents in US vs. Lopez Dissent (Stevens) Guns are articles of
commerce and can be used to interfere with commerce. The national
interest justifies prohibiting their use by children in school.
Dissent (Souter) The only inquiry should be whether the legislative
judgment is within the realm of reason. Congress should have
plenary power to legislate under the Commerce Clause as long as the
law passes the rational basis test. Dissent (Breyer) Violence in
schools interferes with the quality of education and education is
inextricably tied to the economy. Congress could have rationally
concluded that the possession of guns in school zones is related to
interstate commerce. The majority contradicts well settled
precedent that has permitted Congress to regulate noncommercial
activity affecting interstate commerce.
Slide 30
The Roberts Court Has decided in favor of the federal
government more often Immigration Health care reform Obamacare
decision 3.6
Slide 31
The ACA case(s) Does Congress have power under Article I,
Section 8 of the Constitution, specifically under the Commerce
Clause or the Taxing and Spending Clause, to require most Americans
to purchase health insurance? Is the individual mandate severable
from the ACA? Did Congress exceed its enumerated powers and violate
principles of federalism when it pressured States into accepting
conditions that Congress could not impose directly by threatening
to withhold all federal funding under Medicaid, the single largest
grant-in-aid program?
Slide 32
Can you have your cake and eat it too? Dual federalism, also
known as "layer cake federalism" involves clearly enumerated powers
between the national and state governments, and sovereignty in
equal spheres. This relationship predominated from the 1790s to
1930. Cooperative federalism, also known as "marble cake
federalism," involved the national and state governments sharing
functions and collaborating on major national priorities. This
relationship predominated between 1930 and 1960. Creative
federalism, also known as "picket fence federalism," predominated
during the period of 1960 to 1980. This relationship was
characterized by overloaded cooperation and crosscutting
regulations. Finally, progressive federalism, is characterized by
both a cooperative and coercive relationship. Sometimes referred to
as "on your own federalism," is characterized by further devolution
of power from national to state governments (deregulation), but
also increased use of mandates to implement national
standards.
Slide 33
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED
IA_1/polisci/presidency/Seg5_Federalism_v2.html 3.6 Video: In the
Real World