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FederalismAndrew Martin
Quiz Answers
Quiz Answers
● 1. False
Quiz Answers
● 1. False ● 2. C
Quiz Answers
● 1. False ● 2. C● 3. D
Quiz Answers
● 1. False ● 2. C● 3. D● 4. B
Quiz Answers
● 1. False ● 2. C● 3. D● 4. B● 5. C
What is Federalism?
“Look, the American people don’t want to be bossed around by federal
bureaucrats. They want to be bossed around by state bureaucrats”
What is Federalism?
● Federalism is a system of government where power and authority is divided between a central government and regional subunit. Both exercise authority over citizens. In the United States, the Constitution
sets up the boundaries between federal and state governments.
What is Federalism?
● This system creates layers of government, which are sometimes distinct and sometimes concurrent.
● The alternative to this is a unitary system of government.
From tour360.com
Why Federalism?
● Historical Reasons
● Philosophical Reasons
● Practical Reasons
Historical Reasons
● The colonies had been settled over a long period of time.
● Settlers came from different cultural and legal traditions.
● All had some history of self-government.
Historical Reasons
From loc.gov From imustread.com
Philosophical Reasons
Baron de Montesquieu
Philosophical Reasons
James Madison
Philosophical Reasons
From nodens.physics.ox.ac.uk
From colorado.naturephotographers.net
Philosophical Reasons
● Madison borrowed this idea of separate branches and layers of government in Federalist no. 51.
● He argued that this would provide a “double security” for the rights of the people.
Practical Reasons
Without some degree
of state authority,
some states would not
have ratified the
Constitution.
Practical Reasons
● Federalism provided a compromise position between advocates of a unitary system and “states’ rights.”
● Still allowed for a strong federal government, but states retained some power.
American Federalism
● There has always been conflict over the division of power between the federal government and the states.
● The manifestation of this conflict has often centered over which powers each should control.
American Federalism
American Federalism
Should the federal government belong in some of these areas or is it just too
big to be effective?
American Federalism
American Federalism
Pat Bagley, The Salt Lake Tribune
American Federalism
● Unfunded mandates occur when the national government imposes regulations on state and local governments without covering the costs.
American Federalism
Should the federal government pay for all of these expenses?
Evolution of Federalism
State-Centered Federalism1787-1868
Debate over Federal Power
• Those in favor of centralized or strong national government argue that the central government should be denied authority only when the Constitution clearly prohibits it from acting.
• Those in favor of decentralized system of government viewed the Constitution as a compact among states that gives the central government very little authority.
Growth of Federal Power
From www.law.harvard.edu
Growth of Federal Power
● McCulloch v. Maryland (1819)
Doctrine of Implied National Powers
Doctrine of National Supremacy
Growth of Federal Power
● Cohens v. Virginia U.S. Supreme Court can review decisions of state courts
● Gibbons v. Ogden Broadly defined Congressional Power under the
Commerce Clause
Assertions of State Power
Doctrine of Nullification
Assertions of State Power
From www.wikipedia.org
Assertions of State Power
Doctrine of Secession
From web.syr.edu
Civil War
● The Civil War ended the arguments in support of the Doctrines of Secession and Nullification
● The Constitution was amended to limit the power of the states – specifically regarding the treatment of African-Americans.
● 13th abolished slavery● 14th gives citizenship and equal rights to slaves● 15th grants free slaves suffrage
Evolution of Federalism
Dual Federalism1868-1938
Dual Federalism
Views the Constitution as giving a limited list of powers to the national
government, leaving the rest to sovereign states
Dual Federalism
During this period, the national government narrowly interpreted its delegated powers and the states continued to decide most domestic
policy issues
Industrial Revolution and Change
From www.sustainability.murdoch.edu.au
From webinstituteforteachers.org
Industrial Revolution and Change
● The federal government took a mostly hands off approach to economic regulation during this period with a few important exceptions.
Interstate Commerce Commission Act (1887)
Sherman Anti-Trust Act (1890)
Industrial Revolution and Change
● Some states also attempted to regulate big business during this time period.
● This varied from state to state based on influence of business interests in the state legislature. E.g. West Virginia and coal companies; N. Carolina and
child labor
Industrial Revolution and Change
The Supreme Court
and Regulation of Business
Industrial Revolution and Change
● US v. E.C. Knight Company (1895)
● Hammer v. Dagenhart (1918) and Bailey v. Drexel Furniture Company (1922)
● Lochner v. New York (1905)
Evolution of Federalism
Cooperative Federalism1938-1964
Evolution of Federalism
From www.dianasbakery.com
The system was likened to a marbled cake in that “as the colors are mixed in a marble cake, so functions are mixed in the American federal system.”
Great Depression
From library.thinkquest.org
New Deal and Change
Supreme Court Hostility
to the New Deal
New Deal and Change
From loc.gov
Evolution of Federalism
Centralized or Creative
Federalism1964-1980
The Great Society
Lyndon Johnson’s presidency marked a significant change in federal-state relations.
The Great Society
● Many of Johnson’s programs implemented as part of the “War on Poverty” involved cooperation between federal, state, and local governments.
Grants-in-Aid
● Federal funds given to state and local governments for specific purposes.
● Have been utilized since the earliest days of the nation’s history.
● Today grant-in-aid projects cost the federal government over $418 billion annually.
Grants-in-Aid
Grants-in-Aid
Types of Grants
● 2 types of Categorical Grants:• Formula grants
• Project grants
● Block Grants● Far more flexible
● Recently, there has been a shift to greater use of Block Grants
Evolution of Federalism
New Federalism
1980-?
New Federalism
“Government is not the solution to our problems; it is the problem”
New Federalism
Devolution
The transfer of political and economic power to the states
Devolution
New Federalism and the Courts
● US v. Lopez (1995)
● US v. Morrison (2000)
● Printz v. US (1997)
New Federalism and the Courts
Why did the Supreme Court
shift positions on
questions of federalism?