Chapter 3 Federalism. Copyright © 2011 Cengage WHO GOVERNS? WHO GOVERNS? 1. Where is sovereignty...

Chapter 3 Chapter 3 FederalismFederalism

Copyright © 2011 CengageCopyright © 2011 Cengage

WHO GOVERNS?WHO GOVERNS?1. Where is sovereignty located in the 1. Where is sovereignty located in the

American political system?American political system?

2. How is power divided between the 2. How is power divided between the national government and the states national government and the states under the constitution?under the constitution?

TO WHAT ENDS?TO WHAT ENDS?1. What competing values are at stake in 1. What competing values are at stake in

federalism?federalism?

2. Who should decide which matters 2. Who should decide which matters ought to be governed mainly or solely ought to be governed mainly or solely by national laws?by national laws?

Why Federalism Matters I:A-CWhy Federalism Matters I:A-C

Federalism is a system in which the Federalism is a system in which the national government shares power national government shares power with state/local governments.with state/local governments.

State governments have the State governments have the authority to make final decisions authority to make final decisions over many governmental actions.over many governmental actions.

The most persistent source of The most persistent source of political conflict is between national political conflict is between national and state governments.and state governments.



The Founding II:A-BThe Founding II:A-B

A Bold New Plan: A “federal republic” A Bold New Plan: A “federal republic” for which there was no precedent for which there was no precedent

Elastic LanguageElastic Language

Elastic ClauseElastic Clause

Aka – “Necessary and Proper Clause”Aka – “Necessary and Proper Clause” Art. I, Sec. 8, Cl. 18 - "The Congress shall have Art. I, Sec. 8, Cl. 18 - "The Congress shall have

Power - To make all Laws which shall be Power - To make all Laws which shall be necessary and proper for carrying into Execution necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested the foregoing Powers, and all other Powers vested by this Constitution in the Government of the by this Constitution in the Government of the United States, or in any Department or Officer United States, or in any Department or Officer thereof."thereof."

Impossible to predict all powers Congress Impossible to predict all powers Congress will need to function, sometimes we might will need to function, sometimes we might have to allow Congress extra powers to have to allow Congress extra powers to fulfill their delegated powersfulfill their delegated powers


The Debate on the Meaning of The Debate on the Meaning of Federalism III:A-BFederalism III:A-B

The Supreme Court The Supreme Court

SpeaksSpeaks NullificationNullification

Thomas Jefferson was an Thomas Jefferson was an ardent supporter of states’ ardent supporter of states’ rights, p. 54 rights, p. 54

Bowdoin College Museum of Art, Brunswick, Maine, Bequest of the Honorable James Bowdoin

McCulloch v. Maryland (1819)McCulloch v. Maryland (1819)

BackgroundBackground Bank of the US operated in MarylandBank of the US operated in Maryland Maryland did not want BoUS to Maryland did not want BoUS to

operate in state, competition operate in state, competition unwanted, unfairunwanted, unfair

Maryland taxed the bank to put it out Maryland taxed the bank to put it out of businessof business

McCulloch, BoUS employee, refused to McCulloch, BoUS employee, refused to pay the state taxpay the state tax


Is a Bank of the US Constitutional?Is a Bank of the US Constitutional?

YES. The national gov’t has certain YES. The national gov’t has certain implied powers that go beyond implied powers that go beyond delegated powers. US needs a delegated powers. US needs a national bank for borrowing, lending, national bank for borrowing, lending, holding minted money, etc. All of holding minted money, etc. All of which are delegated powers.which are delegated powers.


Can a state tax the federal gov’t?Can a state tax the federal gov’t?

-NO. The federal gov’t is supreme. -NO. The federal gov’t is supreme. Since the BoUS is constitutional, only Since the BoUS is constitutional, only the feds may tax it.the feds may tax it.

--John Marshall John Marshall reaffirmed Supremacy reaffirmed Supremacy Clause and Elastic ClauseClause and Elastic Clause

-National (Federal) Gov gets -National (Federal) Gov gets STRONGERSTRONGER

At one time the states could issue their own paper money, At one time the states could issue their own paper money, such as this New York currency worth 25 cents in 1776. such as this New York currency worth 25 cents in 1776. Under the Constitution, this power was reserved to Under the Constitution, this power was reserved to Congress. p. 55Congress. p. 55

The Granger Collection


The Debate on the Meaning of The Debate on the Meaning of Federalism III:CFederalism III:C


SpeaksSpeaks NullificationNullification Dual FederalismDual Federalism



Commerce clauseCommerce clause

Art. I, Sec. 8, Cl. 3 – ‘The Congress shall Art. I, Sec. 8, Cl. 3 – ‘The Congress shall have power - To regulate commerce with have power - To regulate commerce with foreign nations, and among the several foreign nations, and among the several states, and with the Indian tribes.”states, and with the Indian tribes.”

Congress has used the elastic clause to Congress has used the elastic clause to stretch this powerstretch this power

What is commerce? “Buying and selling of What is commerce? “Buying and selling of goods and services.”goods and services.”

Congress given the power to regulate Congress given the power to regulate commerce between foreign countries and commerce between foreign countries and US as well as state to state… they control US as well as state to state… they control business law.business law.

Gibbons v. Ogden (1824)Gibbons v. Ogden (1824)

1824 – aka “The Steamboat Case”1824 – aka “The Steamboat Case” Ogden received a state licensed Ogden received a state licensed

monopoly to run a ferry across the monopoly to run a ferry across the Hudson RiverHudson River

Gibbons also saw the potential of the Gibbons also saw the potential of the traffic between NJ and NY and obtained traffic between NJ and NY and obtained a federal license.a federal license.

Ogden sued saying he had the valid Ogden sued saying he had the valid state license, even though Gibbons had state license, even though Gibbons had US licenseUS license

Gibbons v. Ogden (1824)Gibbons v. Ogden (1824)

Result – Gibbons winsResult – Gibbons wins Expanded national power in all areas Expanded national power in all areas

of commerce law because nation of commerce law because nation overruled state in interstate trade overruled state in interstate trade issuesissues

Fed Gov’t gets STRONGERFed Gov’t gets STRONGER All trade today is primarily controlled All trade today is primarily controlled

by national lawby national law

Commerce ClauseCommerce Clause

Who cares? Why is it important?Who cares? Why is it important? Gibbons v. Ogden ruling makes a Gibbons v. Ogden ruling makes a

loop hole giving Congress power to loop hole giving Congress power to take control over any issue involving take control over any issue involving the movement of people, or thingsthe movement of people, or things

Fed gov’t power increasedFed gov’t power increased

United States v. Lopez (1995)United States v. Lopez (1995)

1995 – “Gun Free School Zone” law 1995 – “Gun Free School Zone” law banned possession of a firearm banned possession of a firearm within 1000 feet of a school, 12 year within 1000 feet of a school, 12 year old Lopez carried a gun on to the old Lopez carried a gun on to the propertyproperty

Declared law unconstitutional – Declared law unconstitutional – “nothing to do with commerce” – “nothing to do with commerce” – carrying a weapon through a school carrying a weapon through a school zone is too much of a stretch for zone is too much of a stretch for “commerce”“commerce”

LIMITED National government powerLIMITED National government power

2 Federalisms?2 Federalisms?

OLD SCHOOL – OLD SCHOOL – Dual FederalismDual Federalism• Federal and state governments remain Federal and state governments remain

dominant in their separate spheres of dominant in their separate spheres of influenceinfluence

• Gibbons v. Ogden proved life is not that Gibbons v. Ogden proved life is not that simplesimple

NEW SCHOOL – NEW SCHOOL – Cooperative Cooperative FederalismFederalism• State and Federal governments work State and Federal governments work

together to solve complex problemstogether to solve complex problems

2 Federalisms2 Federalisms

TWO METAPHORS…TWO METAPHORS…

Dual Federalism – Layer CakeDual Federalism – Layer Cake

• Cooperative Federalism – Marble Cake

Federal

State

Fiscal FederalismFiscal Federalism

Fiscal means $Fiscal means $ Q – How do you get the states to do Q – How do you get the states to do

things they normally wouldn’t do?things they normally wouldn’t do? A – MoneyA – Money


The Debate on the Meaning of The Debate on the Meaning of Federalism III:DFederalism III:D


SpeaksSpeaks NullificationNullification Dual FederalismDual Federalism State SovereigntyState Sovereignty



Governmental Structure IV:A:1-4Governmental Structure IV:A:1-4

FederalismFederalism Unitary GovernmentUnitary Government Special ProtectionsSpecial Protections


Federalism has permitted experimentation. Women were able to vote in the Wyoming Territory in 1888, long before they could do so in most states, p. 62

The Granger Collection, New York

Figure 3.1 Lines of Power in the Federal System of Figure 3.1 Lines of Power in the Federal System of GovernmentGovernment


Figure 3.1 Lines of Power in the Federal Figure 3.1 Lines of Power in the Federal System of GovernmentSystem of Government

Governmental Structure IV:AGovernmental Structure IV:A

Federalism: Good or Federalism: Good or Bad?Bad?

Increased Political Increased Political ActivityActivity

What the States can doWhat the States can do• InitiativeInitiative• ReferendumReferendum• RecallRecall


Federalism has permitted experimentation. Women were able to vote in the Wyoming Territory in 1888, long before they could do so in most states, p. 62

The Granger Collection, New York

Federalism is bad IV:B:1Federalism is bad IV:B:1

Living under 2 governments is bad…Living under 2 governments is bad… States can impede progress of NationStates can impede progress of Nation States are unequalStates are unequal States have different policyStates have different policy Easier for states to be dominated by Easier for states to be dominated by

interest groupsinterest groups

Federalism is good IV:B:2Federalism is good IV:B:2

Living under 2 governments is great…Living under 2 governments is great… Built on compromise, promotes unityBuilt on compromise, promotes unity Gov’t duties can be split upGov’t duties can be split up Brings gov’t closer to peopleBrings gov’t closer to people Allows for state gov’t to address issues Allows for state gov’t to address issues

in unique regions of the countryin unique regions of the country Allows states to experiment with policy Allows states to experiment with policy

before enacting it at the federal level – before enacting it at the federal level – Ex. Vermont’s free health care for Ex. Vermont’s free health care for childrenchildren

Federalist #51Federalist #51

Defends the ConstitutionDefends the Constitution Explains why a strong gov’t is Explains why a strong gov’t is

necessarynecessary• ““If men were angels, no government would be If men were angels, no government would be

necessary. If angels were to govern men, necessary. If angels were to govern men, neither external nor internal controls on neither external nor internal controls on government would be necessary.”government would be necessary.”

Defends separation of powers Defends separation of powers between state and national gov’tbetween state and national gov’t


p. 59p. 59

Federal-State Relations V:A-FFederal-State Relations V:A-F

Grants-In-AidGrants-In-Aid Meeting National NeedsMeeting National Needs The Intergovernmental The Intergovernmental

LobbyLobby Categorical GrantsCategorical Grants Rivalry Among the Rivalry Among the

StatesStatesCopyright © 2011 CengageCopyright © 2011 Cengage

Some of the nation’s greatest universities,such as the University of California at Los Angeles, began as land-grant colleges. p. 64

David Young-Wolff/PhotoEdit


Source: Budget of the U.S. Government, Fiscal Year 2009.

New York police check New York police check backpacks as passengers backpacks as passengers enter a ferry when the city enter a ferry when the city was on high alert in 2005. p. was on high alert in 2005. p. 6565


Figure 3.2 The Changing Purpose of Federal Grants to State and Local

Governments

Note: Totals may not add up to 100 percent because of rounding.Source: Budget of the U.S. Government, Fiscal Year 2007, table 12.1.


Federal Aid and Federal Control Federal Aid and Federal Control VI:A-CVI:A-C

MandatesMandates Conditions of AidConditions of Aid

Mario Tama/Getty Images

MandatesMandates 1986 – Asbestos Emergency Response Act, 1986 – Asbestos Emergency Response Act,

Handicapped Children’s Protection ActHandicapped Children’s Protection Act 1988 – Drug-free Workplace Acts, Ocean 1988 – Drug-free Workplace Acts, Ocean

Dumping Ban ActDumping Ban Act 1990 – Clean Air Act1990 – Clean Air Act EX – Columbus, OH spends 23% of the city EX – Columbus, OH spends 23% of the city

budget trying to meet environmental budget trying to meet environmental mandates (including testing for pesticides mandates (including testing for pesticides used on rice and pineapple)used on rice and pineapple)

EX – Public schools have to use Internet EX – Public schools have to use Internet filtering or schools lose e-rate subsidiesfiltering or schools lose e-rate subsidies

A Devolution Revolution? VII:A-CA Devolution Revolution? VII:A-C

Devolution shifts many federal Devolution shifts many federal functions to the states.functions to the states.

Most Americans favor devolution, but Most Americans favor devolution, but not if that means cuts in government not if that means cuts in government programs that benefit most citizens.programs that benefit most citizens.

What have been the consequences of What have been the consequences of devolution?devolution?


http://thepoliticalcarnival.net/wp-content/uploads/2012/11/chart-red-state-socialism.jpg


A woman who heads a faith-based organization works with a jailedA woman who heads a faith-based organization works with a jailedteenager to help him overcome his problems. p. 70teenager to help him overcome his problems. p. 70


Robin Nelson/Corbis

Congress and Federalism VIII:1-2Congress and Federalism VIII:1-2

WHY IS THERE SO MUCH POLITICAL WHY IS THERE SO MUCH POLITICAL AND POLICY DIVERSITY IN THE AND POLICY DIVERSITY IN THE UNITED STATES?UNITED STATES?

State and local governments have State and local governments have retained certain constitutional protections.retained certain constitutional protections.

Members of Congress think of themselves Members of Congress think of themselves as representatives of localities as representatives of localities toto Washington, not as representatives Washington, not as representatives ofof Washington to the localities.Washington to the localities.


Chapter 3 Federalism. Copyright © 2011 Cengage WHO GOVERNS? WHO GOVERNS? 1. Where is sovereignty...

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Transcript of Chapter 3 Federalism. Copyright © 2011 Cengage WHO GOVERNS? WHO GOVERNS? 1. Where is sovereignty...