CHAPTER 4: FEDERALISMGOVERNMENT

Why did two political parties emerge in early years of

United States?

NATIONAL POWERS

1. EXPRESSED

• IDENTIFIED IN CONSTITUTION• ARTICLE I: LEGISLATION• ARTICLE 2: PRESIDENT• ARTICLE 3: JUDICIAL

2. IMPLIED

• POWERS NOT SPECIFICALLY LISTED (ENUMERATED) IN CONST.

• ARTICLE 1: SECTION 8:• “NECESSARY AND PROPER”

CLAUSE• “ELASTIC” CLAUSE

This stretches power of the federal government; expands it’s powers to do things to get it’s work done.

3. INHERENT: powers that belong to all federal sovereign nations.

4. NATIVE AMERICAN RELATIONS

• ARTICLE I: SECTION 8

• 1924: Native Americans granted American citizenship.

• FEDERAL GOVERNMENT HAS ALL AUTHORITY TO MAKE DEALS/TREATIES WITH ALL NATIVE AMERICAN TRIBES.

• Treaty usually meant giving up land in exchange for government services• “trust agreement”

STATE POWERS

1. “RESERVED”

• GRANTED BY 10TH AMENDMENT• ALL POWERS NOT GRANTED TO

FEDS

2. CONCURRENT

• ARTICLE VI: “SUPREMACY” CLAUSE

• POWERS OF BOTH STATE AND FEDS

• CITIZENS ARE SUBJECT TO BOTH AUTHORITIES

• NATIONAL LAWS SUPREME

Both the fed and states are forbidden to pass “ex post facto” laws.Protects people from conviction of crimes not illegal at the time.

3. LOCAL GOVERNMENT Creating local gov’t sole responsibility of state

“FULL FAITH AND CREDIT” CLAUSE

• Article IV: REQUIRES STATES TO HONOR CONTRACTS SIGNED IN ANOTHER STATE

• Driver’s licenses, marriage license

• “PRIVELEGES AND IMMUNITY” must be honored by other states as well.• Visitors to a state must be granted same rights as residents of that state.

• Tax rates on items, speed limits

FEDS AND STATES MUST WORK TOGETHER…STATE MANAGE PROBLEMS WITHIN THEIR BORDERS.

LEGISLATORS

• Congressional authority is general

• Without Congress, none of today’s departments would exist (must create them by law)

• New technologies (cell phones, computers) sometimes push Congress into actions unheard of before (terrorist threats)

• Have to pass laws that reflect needs of current society

FEDERALISM ERAS (4)

• 1. Dual Federalism (1789-1930’s)

• Both levels equal while acting within their areas.

• Federal powers specifically listed.

• 10th amendment says all other powers are “reserved” for states and people.

“SUPREMACY” OF FEDERAL LAWS

• ALEXANDER HAMILTON (TREASURY SECT.) • 1791: Encourages Congress to authorize (charter) the First Bank of the US

• Congress opens bank for 20 year term• Thomas Jefferson (Sect. of State) argues “federal” government has no

business opening a bank

• Supreme Court sides with Hamilton. Chief Justice John Marshall said

• because feds must regulate commerce, opening a bank to manage the finances was a power that became “necessary and proper” or IMPLIED.

1816: Congress created the 2nd Bank of United States

WORKING TOGETHER…

2 views of Government

• 1. “Strict Constructionist” view: they believe the Constitution is cut and dried; no room for gray area; if Constitution says it’s ok, if not, don’t ask

• Example: Thomas Jefferson (no power to establish a national bank of US)

2 . “loose constructionist” view: they believe there is “gray” in all areas; that the Constitution is open to interpretation

Example: Alexander Hamilton said we needed national bank to collect taxes.

WORKING TOGETHER???• Framers intended for 3 branches to cooperate…

• So they created the “framework” of the government to be followed

• Over time, nation has grown in size, population and complexity

In the process, the 3 branches have put Constitution in action; adding to duties of the government…

And sometimes, adding to it’s power

President and Congress sometimes blame each other when unable to get things done…GRIDLOCK.

Political parties can be blamed for inability to work together (partisan policies dictate how legislators vote on issues)

MCCULLOCH V. MARYLAND: 1819

• Maryland passed tax on banking• James McCulloch: refuses to collect/pay tax to Maryland

• Maryland fines him; he sues state of Maryland

• Maryland Supreme Court says “he must pay”

McCulloch takes case to US Supreme CourtUS Supreme Court says McCulloch can’t be forced to pay Maryland state taxesEstablished supremacy of Federal government

MARYLAND CANNOT TAX BANKS OWNED BY FEDERAL GOVERNMENT.

DOCTRINE OF NULLIFICATION: 1832

• Federal government passed a law taxing exports• John C. Calhoun (Senator)

• South Carolina voted to “nullify” the tax• President Andrew Jackson

• Said South Carolina could not refuse to follow any federal law

DOCTRINE OF SECESSION: 1861• South Carolina claimed “State Sovereignty”

• Believed national push to end slavery wrong• Said the federal government had no business telling a state what to do

• South Carolina: “If Lincoln wins, we’re out”

• 1860: Lincoln elected president

• Dec. 1860: South Carolina decides to secede “leave the union”• 10 others join them

1861: Confederate States of America createdUnited States divided1861-1865: Civil War

April 9, 1865: War over…Established national supremacy…states can’t nullify federal laws

FEDERAL REACTION TO CIVIL WAR

13th Amendment

• Abolished slavery in all states

14th Amendment

• “born” on US soil makes you a citizen

15th Amendment:Grants all males the right to vote

BUSINESS REGULATION

• 1887: Interstate Commerce Act

• To regulate railroad industry

• Set standard pricing for rail use

• 1890: Sherman Anti-trust Act

• To encourage fair enterprise

• To discourage monopolies• ***Standard Oil

• (John D. Rockefeller)

16TH AMENDMENT: 1913

Article I, Section 8, Clause 1:The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States.

Authorized federal taxesApril 15th every year…

2ND: COOPERATIVE FEDERALISM: 1930’S - 1960’S

• 1. Stock Market Crash• October 29, 1929

• 2. National Depression• +1,000’s lost jobs, homes

• 3. President Franklin D. Roosevelt• Changed federal authority to help people

• 4. Social Security Act 1933• Helps elderly• Single parents• Widows with children

3RD: CREATIVE FEDERALISM 1960’S – 1980’S

• Great Society• Designed to help average Americans

• President Lyndon B. Johnson• Became pres after JF Kennedy assassinated

• Expanded federal powers• +size and power of federal gov’t

• Established a system of “grants” to states

4. NEW FEDERALISM: 1980’S - 2000

• Ronald Reagan, President

• Returned power to states

• Reduced federal gov’t size and power: DEVOLUTION• Return power to the states• “the era of big government is over”

5. FISCAL FEDERALISM: 2001-TODAY

• Fiscal: of or relating to government revenue, especially taxes.

"monetary and fiscal policy“

Tax $$ is the main source of federal income

• A system of spending, taxing, and providing aid in the federal system.

• Federal government gives $$$ to states with “strings attached”• 1. Grants-in-aid

• Low-income housing• Community projects• Energy assistance programs for poor• Disaster assistance

HOW IS TAX $$ SPENT???

• 1. Poverty• Block grants

• Federal grants given to states to take care of disadvantaged• Welfare• Public health• Community development• education

• 2. Homeland Security• Created after 9/11

• Terrorism• Natural disasters• Other national emergencies

SPENDING, CON’T.

• 3. Environment 5. Health Care• Environmental Protection Agency 2003: 45 million had no

• Creates local recycling health care• Conservation efforts 2014: Affordable Care Act

• 4. Immigration “Obama Care”• Increased education costs pays small $ to “subsidize”• Health and social services for illegals health care for poor• Employment issues• Low-cost housing