Chapter 3Federalism

Federalism

★The U.S. was the first country to adopt a federal system of government.

★Federalism - System of government where the national government and state governments share power.

3 Systems of Government

Why Do We Need a Strong National Government?

★http://www.pbs.org/wnet/supremecourt/educators/video/lp1_vid1_vid.html

★Article I, section 8 (18 clauses)•Enumerated Powers - includes powers to coin money, provide a military, declare war, create courts, etc.

•Implied Powers - Clause 18: the necessary and proper (Elastic) clause.

★Article VI: the supremacy clause.

Federalism - National Powers

★Enumerated Powers• Raise and support a military.• Declare war.• Regulate interstate commerce.• Conduct foreign affairs.• Levy and collect taxes.• Establish a post office.• Admit new states.• Coin money.

Federalism - National Powers

★Implied Powers• Article I, Section 8, Clause 18 - “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.”

Federalism - National Powers

Is the Federal Government too Strong?

★GM★http://www.pbs.org/newshour/

video/module_byid.html?s=news01n28cbq99e

Is the Federal Government too Strong?

★ Stimulus Bill★ http://www.pbs.org/newshour/

video/module.html?mod=0&pkg=13022009&seg=1

Is the Federal Government too Strong?

★What are a couple of things the Obama Administration has done which have caused some people in the U.S. to feel that the federal government is too powerful?

Federalism - State Powers

Tenth Amendment states that the powers not delegated to the U.S. by the Constitution, nor prohibited by it to the states, are reserved to the states, or to the people.

Federalism - State Powers•Conduct elections.•Ratify amendments to Constitution.•Regulate intrastate commerce.•Establish local governments.•Provide for public health, safety, and welfare.

Federalism - Concurrent (Shared) Powers

• Provide for the general welfare.• Make & enforce laws.• Levy & collect taxes.• Borrow money.• Establish courts.

States’ Rights

★http://governor.state.tx.us/news/press-release/12227/

★http://www.youtube.com/watch?v=DzbdugWJbNo&feature=fvwrel

★http://www.pbs.org/wnet/supremecourt/educators/lp1.html•Clip 3

Library of Congress

The Civil War occurred because of the South’s desire for increased states’ rights. When the South was defeated, so was the idea that a state has a right to secede from the Union.

The Civil War

★Article VI of the Constitution mandates that actions by the national government are supreme.

★Any conflict between a legitimate action of the national government and a state will be resolved in favor of the national government.

Supremacy Clause

The Supreme Court and State-Federal Power

McCulloch v. Maryland (1819)•Maryland imposed a tax on banks not

chartered by Maryland i.e. the Second Bank of the U.S.

•Did Congress have the authority to charter a bank? Supreme Court said yes.

•If so, could a state tax it? Supreme Court said no because the power to tax is the power to destroy.

The Supreme Court and State-Federal Power

McCulloch v. Maryland (1819)•http://www.pbs.org/wnet/

supremecourt/educators/video/lp1_vid2_vid.html

The Supreme Court and State-Federal Power

Gibbons v. Ogden (1824)•New York gave two individuals the

right to operate steamboats in New York waters; the individuals licensed Ogden to operate a ferry between New York and New Jersey. Gibbons had a license from the U.S. government to operate boats in interstate waters and began competing with Ogden. Ogden sued Gibbons.

The Supreme Court and State-Federal Power

Gibbons v. Ogden (1824)•Supreme Court said the power to

regulate interstate commerce was an exclusive national power and said steamboat travel was commerce.

Defined by two separate and equal governments.

Each has its own sphere of responsibility.

Dual Federalism, Civil War-1932

Cooperative Federalism, 1932-1980

Cooperative federalism defined by collaboration.

New Deal recovery efforts, 1930s.Great Society program, 1960s.Use of categorical grants.

New Federalism, 1980-2001

New Federalism - a return to state power.

President Ronald Reagan was a pioneer.

Use of less restrictive block grants.Passage of law attempting to end

unfunded mandates.President George W. Bush departs from

this trend - No Child Left Behind.President Barack Obama - Progressive

Federalism.

States’ Rights★Arizona Immigration Law:

•http://www.pbs.org/newshour/bb/law/july-dec10/immigration_07-22.html