Federalism

1. Federalism

2. What is federalism? James Q. Wilson and John DiIulio It is an issue of sovereignty (independent legal authority) which must CONSTITUTIONALLY be divided between a central governing authority and constituent political units (�subnational units� like states or provinces) James Q. Wilson and John DiIulio It is an issue of sovereignty (independent legal authority) which must CONSTITUTIONALLY be divided between a central governing authority and constituent political units (�subnational units� like states or provinces)

3. Questions of Federalism are creating quite the brouhaha these days Uproaror hubbub Uproaror hubbub

4. Some shared . . . Some notSome shared . . . Some not

5. From whom do each devirve authority Nullification doctrine where state can declare acts of Congress unconsituional e.g. in 1798 when congress passed laws to punish newspapers editors who criticized the fed government and and jeff opposed the laws, claiming states had rights to nullify. Laws expired before settled in courts. Comes up again with slavery: if fed govt. bans it, can state nullify Article of Confed Unitary sovereignty is wholly in hands of national gov't and local govs are at its will �subnationals are not powerless, and certainly exist but don�t have ULTIMATE sov Confed states are sovereign and national is allowed to do only what states permit sov shared: in some matters national govt is supreme and in some states are: here states are supposed supreme in social, moral and family issues, including criminal laws sov shared: in some matters national govt is supreme and in some states are: here states are supposed supreme in social, moral and family issues, including criminal laws From whom do each devirve authority Nullification doctrine where state can declare acts of Congress unconsituional e.g. in 1798 when congress passed laws to punish newspapers editors who criticized the fed government and and jeff opposed the laws, claiming states had rights to nullify. Laws expired before settled in courts. Comes up again with slavery: if fed govt. bans it, can state nullify Article of Confed Unitary sovereignty is wholly in hands of national gov't and local govs are at its will �subnationals are not powerless, and certainly exist but don�t have ULTIMATE sov Confed states are sovereign and national is allowed to do only what states permit sov shared: in some matters national govt is supreme and in some states are: here states are supposed supreme in social, moral and family issues, including criminal laws sov shared: in some matters national govt is supreme and in some states are: here states are supposed supreme in social, moral and family issues, including criminal laws

6. Do you get it????? __________sovereignty is wholly in hands of national gov't and local govs are at its will �subnationals are not powerless, and certainly exist but don�t have ULTIMATE sov _________states are sovereign and national is allowed to do only what states permit ________sov shared: in some matters national govt is supreme and in some states are: here states are supposed supreme in social, moral and family issues, including criminal laws

7. Most federals systems are democracies, but most democracies are not federal. Most federals systems are democracies, but most democracies are not federal.

8. Note: do you get it? While the United States itself is federal, most (if not all) U.S. states are themselves u__________, with counties and other municipalities having only the authority devolved to them by the state constitution or legislature Most federal states also have unitary lower levels of government. Thus while the United States itself is federal, most (if not all) U.S. states are themselves unitary, with counties and other municipalities having only the authority given (devolved) to them by the state constitution or legislatureMost federal states also have unitary lower levels of government. Thus while the United States itself is federal, most (if not all) U.S. states are themselves unitary, with counties and other municipalities having only the authority given (devolved) to them by the state constitution or legislature

9. FEDERALISM IS NOT SEPERATION OF POWERS All three are the auxilliary precautionsAll three are the auxilliary precautions

10. decentralized to centralized decentralized to centralized

11. Reln b/w federalism and democracy Most federal systems are_________________, but most ___________ are not federal unitaryunitary

12. Sep of powers Federalsim Nullification doctrine where state can declare acts of Congress unconsituional e.g. in 1798 when congress passed laws to punish newspapers editors who criticized the fed government and and jeff opposed the laws, claiming states had rights to nullify. Laws expired before settled in courts. Comes up again with slavery: if fed govt. bans it, can state nullify Sep of powers Federalsim Nullification doctrine where state can declare acts of Congress unconsituional e.g. in 1798 when congress passed laws to punish newspapers editors who criticized the fed government and and jeff opposed the laws, claiming states had rights to nullify. Laws expired before settled in courts. Comes up again with slavery: if fed govt. bans it, can state nullify

14. more than one level of government w act simultaneously on the same territory and on the same citizensmore than one level of government w act simultaneously on the same territory and on the same citizens

15. Second, each government must have its own authority and sphere of power, though they may overlap. In the US states are supposedly supreme in social, moral and family issues--including criminal laws In the US states are supposedly supreme in social, moral and family issues--including criminal laws

16. Third, neither level of government (federal or state governments) can abolish the other Nullification doctrine where state can declare acts of Congress unconsituional e.g. in 1798 when congress passed laws to punish newspapers editors who criticized the fed government and and jeff opposed the laws, claiming states had rights to nullify. Laws expired before settled in courts. Comes up again with slavery: if fed govt. bans it, can state nullify Article of Confed Nullification doctrine where state can declare acts of Congress unconsituional e.g. in 1798 when congress passed laws to punish newspapers editors who criticized the fed government and and jeff opposed the laws, claiming states had rights to nullify. Laws expired before settled in courts. Comes up again with slavery: if fed govt. bans it, can state nullify Article of Confed

17. Let�s look at this sphere idea in more detail: �each government must have its own authority and sphere of power, though they may overlap. �

18. See reasoning in McCullough handout n and p impliedSee reasoning in McCullough handout n and p implied

19. But if Congress is not in its �sphere� then the States trump because of Sleeping giant The Constitution reserves powers not granted to the national government to states, or the peopleSleeping giant The Constitution reserves powers not granted to the national government to states, or the people

20. in social, moral and family issues--including criminal laws

21. http://www.nytimes.com/2008/06/27/washington/27guns.html?ref=ushttp://www.nytimes.com/2008/06/27/washington/27guns.html?ref=us

23. http://www.nytimes.com/2008/06/17/us/17weddings.html?ref=us&pagewanted=printhttp://www.nytimes.com/2008/06/17/us/17weddings.html?ref=us&pagewanted=print

24. http://www.bbc.co.uk/news/world-us-canada-10875094 goo dmap toohttp://www.bbc.co.uk/news/world-us-canada-10875094 goo dmap too

26. http://www.nytimes.com/2009/05/07/us/07marriage.html?ref=ushttp://www.nytimes.com/2009/05/07/us/07marriage.html?ref=us

28. Disadvantages: It is inefficient Incoherent More expensive Lowers voter turnout Special interests can thwart

29. Vote NYT 4/5/07Vote NYT 4/5/07

31. It�s confusing . . . Who�s sphere is it As a result, more power goes to the courts cuz they are umpires

40. No Child Left Behind was partially funded

42. Fiscal Federalism

43. Military recruitingMilitary recruiting

47. OK so the Trump Cards for the feds are .

48. Any other time . . . States trump Or the ______ amendment which has been interpreted as saying that Congress can not abrogate the states �sovereign immunity� (doctrine that the sovereign or government cannot commit a legal wrong and is immune from civil suit or criminal prosecution)�so Congress can�t create laws that allow citizens to sue the state Or the ______ amendment which has been interpreted as saying that Congress can not abrogate the states �sovereign immunity� (doctrine that the sovereign or government cannot commit a legal wrong and is immune from civil suit or criminal prosecution)�so Congress can�t create laws that allow citizens to sue the state

49. 11TH AMENDMENT: PROTECTS STATES After Patricia Garrett, Director of Nursing for the University of Alabama, was diagnosed with breast cancer, her treatment forced her to take a substantial leave from work. Upon her return, her supervisor informed her she would have to give up her position. She claimed the ADA protected her, and sued the state. In Univ. of Alabama v. Garrett (2001) 5 to 4 decision: Ct. held that Congress did not have the constitutional authority to open state government to lawsuits by their employees for violation of the Americans with Disabilities Act (protected by the 11th amendment)

51. Note the cynical side: in general, bigger fed gov't strengthens the D Party--it generates fed employees who tend to vote D and gov't programs whose beneficiaries will have reason to feel protective toward a large central govt. On the other side smaller govt helps Rs. The more programs are privatized, the fewer govt restricts there are on economic activity�then people feel security and well being depend on markets and not govts or unions--the more the rational for the D party erodes. (taken from New Yorker interview of Karl Rove) Note the cynical side: in general, bigger fed gov't strengthens the D Party--it generates fed employees who tend to vote D and gov't programs whose beneficiaries will have reason to feel protective toward a large central govt. On the other side smaller govt helps Rs. The more programs are privatized, the fewer govt restricts there are on economic activity�then people feel security and well being depend on markets and not govts or unions--the more the rational for the D party erodes. (taken from New Yorker interview of Karl Rove)

52. Welfare Reform in the 1990�s gives power to the states in the from of block grants

58. To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And 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.

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61. Yes. In a 6-3 opinion delivered by Chief Justice William H. Rehnquist, the Court held that State employees may recover money damages in federal court in the event of the State's failure to comply with the FMLA's family-care provision. The Court reasoned that Congress both clearly stated its intention to abrogate the States' Eleventh Amendment immunity from suit in federal court under the FMLA and acted within its authority under section 5 of the Fourteenth Amendment by enacting prophylactic, rather than substantively redefining, legislation. "In sum, the States' record of unconstitutional participation in, and fostering of, gender-based discrimination in the administration of leave benefits is weighty enough to justify the enactment of prophylactic [section] 5 legislation," wrote Chief Justice Rehnquist. Justices Antonin Scalia and Anthony M. Kennedy, who was joined by Justices Clarence Thomas and Scalia, filed dissents.

63.  11th amendment page 77 of text11th amendment page 77 of text