FEDERALISM

1. CHAPTER 3 FEDERALISM

2. Significance of Federalism Issues surrounding balance of power between state and national government have been integral to US political history. Ratification fight First political parties Civil War and States� Rights New Deal Reagan Revolution

3. Federalism Defined Federalism is a system of government in which 1) a written constitution divides the powers of government on a territorial basis between a national and regional governments; 2) Each level has its own powers; 3) Neither gets its powers from the other 4) Neither level can change the distribution on their own or through ordinary legislation. 5) Each operates through its own agencies and exercise power directly over the people.

4. Federalism Only 21 of 185 nations use a federal system, but comprise 50% of the world�s population. The mere existence of both a national a regional governments does not make a government a �federal� government. England, for example.

5. Origins of Federalism Federalism was the clear choice of the founding fathers. Why?

6. Alternatives to Federalism Unitary System All power resides in a central government. Power may be delegated to local governments, and often is, but central government can take it back. Britain, France, Israel are examples. US states are unitary governments.

7. Alternatives to Federalism Confederation� An alliance of independent states. States retain their sovereignty and Central government has very limited powers, usually limited to interstate and foreign trade and foreign policy. Usually, the central government does not have the power to make laws dealing with individuals, at least with out the states taking some action to ratify the law. Examples Sovereignty�Supreme, absolute power of a state within its own territory. (Know this for the test!)

8. Advantages of Federalism Checks the Growth of Tyranny. How? Demagoguery can�t spread as easily Reservoir of support for parties States are check on Federal Government

9. Advantages of Federalism Allows feds to concentrate on areas of national concern

10. Advantages of Federalism Allows Unity without Uniformity Allows states to accommodate local traditions and customs and to alter state laws and practices accordingly Examples?

11. Advantages of Federalism Federalism Encourages Experimentation

12. Advantages of Federalism Provides Training For National Officials. Majority of our presidents started as governors. Many of our Congressmen served in state legislature first. Governors often move to Senate or into the President�s cabinet. Also provides exposure for potential national officials.

13. Constitutional Structure Of Federalism In US Constitution the basic division of power is between the federal government and the states. It is implied in the original Constitution and then spelled out in the 10th Amendment. �The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people.�

14. THE CONSTITUTIONAL STRUCTURE OF AMERICAN FEDERALISM Basic rules of American Federalism: The national government has only those powers delegated to it by the Constitution.* (10th Amendment) Within the scope of its operations the national government is supreme. (Supremacy Clause) The states have the powers not delegated to the national government unless they are denied to the states (10th Amendment) Some powers are denied to both the state and federal government, while other powers are denied to only one level, so that they are exclusively the power of the other. (Various Constitutional provisions.)

15. The Constitutional Structure Of American Federalism National Government of Delegated Powers Expressed Implied Inherent

16. THE CONSTITUTIONAL STRUCTURE OF AMERICAN FEDERALISMDelegated Powers Expressed Powers Those powers delegated to the National Government explicitly�in so many words. Most of these are found in Article 1, Section 8.

17. Delegated Powers Expressed powers include power: to lay and collect taxes to regulate commerce between states and with foreign countries coin money to raise and maintain armed forces to declare war to fix standards of weights and measures to grant patents and copyrights To make all laws which shall be necessary and proper for carrying into execution the foregoing powers�.. (Sect 8, Clause 18)

18. THE CONSTITUTIONAL STRUCTURE OF AMERICAN FEDERALISMDelegated Powers Other Expressed Powers: 16th Amendment�power to levy income tax Articles II gives express powers to the president. Commander in Chief; Negotiate treaties; Name federal officials Article III gives express powers to the federal courts.

19. THE CONSTITUTIONAL STRUCTURE OF AMERICAN FEDERALISMDelegated Powers Implied Powers Necessary and Proper Clause; elastic clause �Congress shall have the power�to make all laws necessary and proper for carrying into execution the foregoing powers�

20. THE CONSTITUTIONAL STRUCTURE OF AMERICAN FEDERALISMDelegated PowersImplied Powers Early debate over meaning of Necessary and Proper Clause Jefferson v. Hamilton and Bank of US McCulloch v. Maryland Basic Rule

21. THE CONSTITUTIONAL STRUCTURE OF AMERICAN FEDERALISMInherent Powers Inherent Powers: Those powers held by the National Government simply because it IS the national government. Examples Powers that national governments have historically possessed and couldn�t function without.

22. The Federal System and Local Governments Local governments are creatures of the state. Their powers are derivative of state power. Thus, each of the states has a unitary form of government.

23. Reasons The Federal Government Grown So Powerful Over the last 200 years the federal government has grown much more powerful than was envisioned by the Framers of the Constitution or even politicians at the beginning of the 20th Century. There are many reasons, but some of the key reasons have to do with how some key provisions of the Constitution have been interpreted and applied.

24. Reasons The Federal Government Grown So Powerful Supremacy Clause Article VI, Section 2 �This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made� under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby; any Thing in the constitution or Laws of any State to the Contrary notwithstanding.�

25. Reasons The Federal Government Grown So Powerful Supremacy Clause Meaning of Supremacy Clause. What to do with state laws that conflict with federal law. Role of state judges. Supremacy Clause called the �linchpin of the Constitution.�

26. Reasons The Federal Government Grown So Powerful The War Power The federal government has broad power in the areas of national security and the power to make war. This gives rise to a broad base of implied powers Government can do almost anything directly or indirectly related to national security so long as it isn�t otherwise unconstitutional.

27. Reasons The Federal Government Grown So PowerfulCommerce Clause Broad interpretation of Nec. and Proper Clause has greatly expanded power of Fed. Gov. Commerce Clause --expressed power most often used to support exercise of implied powers Basis for regulating a wide range of activities.

28. Reasons The Federal Government Grown So PowerfulCommerce Clause Commerce Clause. Article 1, Section 8 One of the most important sources of federal power. Power to �regulate Commerce with foreign nations, and among the several states, and with the Indian Tribes.�

29. Reasons The Federal Government Grown So PowerfulCommerce Clause Gibbons v. Ogden (1824) is a landmark early case confirming Congress� broad authority to regulate commerce. Congressional authority extends to all commerce that affects more than one state. Includes the production, buying, selling, renting, and transporting of goods, services, and properties.

30. Commerce Clause Is a potent source of federal power for two reasons. Many, many things relate to interstate commerce. Congress has used this power to regulate a lot of other things because they touch upon commerce.

31. Reasons The Federal Government Grown So PowerfulCommerce Clause Example: Civil Rights Act.

32. Reasons The Federal Government Grown So PowerfulCommerce Clause Legislation must at least make an effort to regulate commerce. Gun Free School Zone case.

33. Reasons The Federal Government Grown So Powerful Taxing And Spending Congress may not pass laws solely to promote the general welfare, but may tax for that purpose and spend money for that purpose. Only get your allowance if�� Federal Mandates.

34. The States are Governments of Reserved Powers Reserved Powers (belong to the states) Those powers neither given to the federal government nor denied to the states. Basic principle of the 10th Amendment Far more powers than possessed by the federal government.

35. Powers Denied to the States Explicitly, by express grant to the feds, Article I, Sect. 10, or by the Bill of Rights. Examples: Impliedly. Those things that would be contrary to federalism, such as taxing federal entities.

36. Limits on Federal Power over States National government can�t exercise its powers, especially its powers to tax and to regulate commerce in a way that interferes substantially with the states abilities to perform their responsibilities. Supreme Court has placed some limits. Unfunded Mandates. Prince v. United States. Congress may not require local law enforcement officials to make background checks prior to handgun sales because of the burden on the states. 11th Amendment. Feds can use their spending power to force compliance

37. The Exclusive Powers Powers that can be exercised only by the National Government. Include most of the express powers of the national government. Some powers are expressly denied to the state. Others are impliedly denied because they would be inconsistent. Regulation of interstate commerce.

38. The Concurrent Powers Powers that both the National Government and the States possess and exercise. Those powers that the Constitution grants to the federal government, does not grant exclusively to the federal government, and does not deny to the states. NOT held jointly. Are held separately and simultaneously.

39. Concurrent Powers

40. Horizontal Federalism�Interstate Relations Constitution has four provisions to govern relations between states Privileges and Immunities Full Faith and Credit Interstate Compacts Extradition

41. Interstate RelationsFull Faith and Credit Requires states to honor civil judgments of the courts of other states public records and acts of other states. What does it apply to? Congress has the power to prescribe the manner in which such acts and records shall be given full faith and credit.

42. Interstate RelationsFull Faith and Credit Gay Marriage Controversy Defense of Marriage Act Constitutional?

43. Views on Gay Marriage by Age

44. Interstate Privileges and Immunities States must extend to citizens of other sates the privileges and immunities granted to their own citizens. Includes: the protections of the laws, the right to engage in peaceful occupations, access to the courts and freedom from discriminatory taxes. States may not impose unreasonable residency requirements about one day for basic services 50 days for voting privileges one-year for in-state tuition.

45. Interstate Relations Extradition Criminal charges. Governor responsible for redelivering. Issues at extradition hearing. Politics of extradition Enforced by Federal Courts

46. Interstate Relations Interstate Compacts Agreements between states. Purpose? Must be approved by Congress. Once approved, are binding. How enforced?

47. McCulloch v. Maryland Outgrowth of debate between Jefferson and Hamilton over Bank of US McCulloch Case�McCulloch does two significant things relating to Federalism. First� Necessary and Proper clause should be interpreted broadly. Gives full life to Implied Powers. Basically upholds Hamilton�s interpretation. Secondly� Confirms Supremacy Clause puts Feds over States

48. Federal Courts and the Role of the States Power of federal courts to review and overturn state laws has greatly increased in the past 50 years Reasons: Expansion of the Bill of Rights to apply to the states because of the interpretation of the due process clause in the 14th Amendment Also, the 14th Amendment Equal Protection Clause.

49. Federal Courts and the Role of the StatesPreemption Preemption: Federal law overrides and nullifies state law Express Preemption Implied Preemption

50. Centralists vs. Decentralists For the last 200 years there has been a debate about the scope of national powers. The Decentralist Position Jefferson, Calhoun, S.Ct. in 20s and 30s, recent Republicans Centralist Position Lincoln, Hamilton, Marshall, Roosevelt and Supreme Court, usually

51. Centralists vs. Decentralists Centralist Position Constitution Supreme Law established by the people, not states. Tenth Amendment does not prevent the federal government from exercising the full extent of the powers given to it as broadly as it sees fit. Dominant position for most of our history, Retrenchment in recent years as conservatives have gained more control.

52. The Supreme Court and the Role of Congress Over the last 10 years has been a shift in how the Supreme Court views the 10th Amendment, Scope of the Commerce Clause and the appropriate balance between the state and national government. Violence Against Women Act

53. Federalism And The Use Of Federal Grants Grants defined Four purposes of Grants Types of Grants Categorical-Formula Grants Block Grants Project Grants Politics of Grants

54. Federal Mandates Federal Mandates�Federal Laws and Regulations that place financial burdens on the states. Unfunded Mandates�requirements that do not come with federal dollars to help out. Unfunded Mandates Reform Act of 1995. Details

55. New Techniques of Fed Control Direct Orders:. Cross-cutting Requirements Cross-Over Sanctions. Pre-emption. See above.

56. Federalism Today Reasons for the growth of National Gov. Modern Federalist Debate

57. End of Chapter