Chapter 4 Federalism

3 types of governments

Different Systems of Government

• Unitary System– Form of government in which the

highest level of government has the power to control and even dissolve lower government.

• Confederation– Loose grouping of independent

political units whose main purpose is to govern the relationship between those units.

Different Systems of Government

• Federalism– Form of government that distributes

power across a national government and sub national governments

– In federalism, both the state and the national government are sovereign

• Sovereignty– Ultimate authority to make decisions

within one’s borders.

Arguments in Favor of Federalism

• Protecting Liberty• Moderating the Power of

Government• Strengthening the Union

National Government Powers

• The Supremacy Clause– Article VI of the Constitution which

makes national law supreme over state law when the national government is acting within its constitutional limits.

National Government Powers

• Enumerated Powers– “Written Powers”– The specifically listed duties that the

US Constitution assigns to the Congress

– Found in Article I Section 8

National Government Powers

• Commerce Clause– An enumerated power that gives

Congress the power to regulate commerce with other countries, among the states, and with Indian Tribes.

National Government Powers

• Implied Powers– Functions and actions that Congress

could perform in order to exercise its enumerated powers

– Based on the “Necessary and Proper Clause”

National Government Powers

• Necessary and Proper Clause– Provision of the Constitution that

gives Congress the authority to make the laws needed to carry out the specific duties assigned to Congress by the Constitution.

– “To make all Laws which shall be necessary and proper for carrying into execution the foregoing Powers…”

National Government Powers

• Inherent Powers– Powers that derive from the fact that

the Untied States is a sovereign power among nations, and so the national government must be the only government to deal with these nations.

Powers of State Government

• Reserved Powers– Tenth amendment guarantee to state

governments of any powers other than those granted to the national government or those prohibited to the state.

• Police Power- (Mostly) Reserved power concerned

with the safety, health, welfare and morality of the people

Shared Powers

• Concurrent Powers– Those powers held jointly by both the

states and the federal government– Include:

• Taxing• Borrowing• Chartering Banks• (limited) Police Power

Denied Powers

• Prohibited Powers– Things a level of government cannot

do.– Both national and state have things

prohibited to them• National government may not tax exports• State government may not coin money

History of Federalism

• The Marshall Court– John Marshall – 1st Chief Justice of the

Supreme Court– 1801 – 1835– Marshall advocated for a Strong

Central Government.

History of Federalism

• McCulloch v. Maryland (1819)– Marshall held that if establishing a

national bank aided the national government in the exercise of its designated powers, then the authority to set up such a bank could be implied.

– Further, Marshall held that no state could use its taxing power to tax an arm of the national government. (in this case, the bank)

History of Federalism

• Chief Justice Roger Taney– Favored a shift towards state’s rights

• Dred Scott (1857)– The Taney Court ruled that Africans

were barred from citizenship and thereby could not sue for freedom in federal court. Further, slaves were property not people. Finally, invalidated the Missouri Compromise.

Civil War Period

• South desired more States’ Rights• War actually increased the power

of the federal government– First Billion Dollar Federal Budget

(1865)– First income tax imposed to help pay

for war debts.

Post War Federalism

• Dual Federalism– Form of federalism in which national

and state governments have distinct areas of authority and power

– Also called “Layer Cake Federalism”

Great Depression

• Great Depression– Brought about a sense of urgency to

the country– Dual Federalism and the separate

spheres became less important as the economy became the greatest concern.

Great Depression

• Great Depression had destroyed the economy– Over 5000 failed banks– Over 32000 closed businesses– Almost 25% unemployment– Federal government had done little to

step in• Election of Roosevelt

– 1933– Decided to intervene in the economy

The “New Deal”

• Roosevelt’s plan to bring the country out of the depression.

• Included the government stepping into the state sphere

New Deal

• Example New Deal Programs– TVA– FDIC– Social Security Act– Fair Labor Standards Act of 1938– SEC

Paradigm Shift

• The New Deal saw federal government stepping into places it never before had power, often working together with the states in programs.

• Cooperative Federalism- Form of federalism in which the national and state governments share many functions and authority- “Marble Cake Federalism”

Everyone loves cake!

Modern Federalism

• Fiscal Federalism– Modern Federalism in action, hinging

upon a transfer of money from federal to state level

– Can be used as a way for the national government to “encourage” the states to start or stop a particular course of action.

Fiscal Federalism• Categorical Grant

– Funds provided by the federal government to a state or local government for a specific, defined, purpose.

• Block Grant– Funds provided by the federal

government to a state of local government in general support of a broad government function• Criminal Justice• Mental Health• Etc

Mandates

• Mandate– An order from the federal government

that requires state governments to take a certain action.

• Unfunded Mandate– A law requiring certain actions

without appropriating the necessary funds to carry them out.

A Shift Back to the States

• Devolution– A transfer of authority over a

government program from a high level (national) government to a low level (state) government

– United States v. Lopez (1995)

Issues in Federalism

• No Child Left Behind

Issues in Federalism

• National Drinking Minimum Age Act and the Federal Aid Highway Act

Issues in Federalism

• Medical Marijuana

Issues in Federalism

• Hurricane Katrina

Issues in Federalism

• Defense of Marriage Act