FEDERALIS

M

WIL

SON 3A

KEY QUESTIONS

W H O G O V E R N S

Where is sovereignty located in the American political system?

How is power divided between the national and state governments under the Constitution?

T O W H AT E N D S

What compelling values are at stake in federalism?

Who should decide what matters ought to be governed mainly or solely by national laws?

FEDERALISM

Political system with sovereign local government units and independent national units that share responsibilities

Examples Canada India Germany Switzerland Autralia

UNITARY GOVERNMENT

Local government subservient to national

Can be altered or abolished by national Examples

France Britain Italy Sweden

By contrast the US has 87,000 different sovereign governments + 35,000 special districts

POLITICAL POWER

Constitutional guarantee

Citizen preferences

Locally acquired

Careers depend on satisfying local needs

Economic incentives Block grants – money given to state to spend broadly

within legislative guidelines

METAPHORS

Slinky federalism Powers flows back and forth

Layer cake Separation of authority

Fruit salad Mixed reality Defined responsibilities

FEDERALISM

GOOD (PROS)

Elazar Governmental

strength Political flexibility Individual liberty

Disperse elite power in many places

Slow to action

BAD (CONS)

Laski, Riker States are poisonous Perpetuates racism

Small political units more likely to be dominated by a single faction

Democratic

Wilson:Raises political activityLowers cost of organization

GROUP DIS

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Civil rightsPersonal protectionPrivacyEducationImmigrationMarriageMoneyGunsSex UnemploymentEnvironmentProperty

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FOUNDING

Definitions Federalist 39: neither national nor federalConfederal may refer to more state sovereignty

New planNo historical precedentNeither would have authority over the otherPeople would have authority over both10th amendment guarantee for states

ELASTIC CLAUSE

Article I, section 8

“Necessary and proper”

Hamilton – national supremacyArticle 6, clause 2

Jefferson – states rights with people sovereign

National government threat to individual liberty

Role in today’s politics?

CONSTITUTIONAL LAW

John Marshall believed in national supremacy

Marbury v. MadisonCould the Courts force an executive to honor the commission of another?

McCulloch v. MarylandCould the federal government charter a bank?Could a state tax that bank?

NULLIFICATION

Law to punish critical newspaper articles Jefferson, Hamilton argue for

Federal tariffsCalhoun

SlaveryUnion indissoluble

Civil WarSupreme Court

DUAL FEDERALISM

Both national and state governments are sovereign in their own spheres

SeparateInterstate commerceIntrastate commerce

Mostly no distinction

STATE SOVEREIGNTY

US v. Lopez

US v. Morrison

Printz v. US

Alden v. Maine

Federal Maritime Commission v. South Carolina Port Authority

CHALLENGE

Police Power

Initiative

Referendum

Recall

Chisholm v. Georgia

11th amendment

Local government is subject to state law

Local government survey