Copyright © 2014 Cengage Learning FEDERALISM Chapter Three.

Copyright © 2014 Cengage Learning

FEDERALISM

Chapter Three

Copyright © 2014 Cengage LearningCopyright © 2014 Cengage Learning

Learning Outcomes

1. Define federalism and contrast the federal system of government with the unitary and confederal systems in explaining where governmental power lies.

2. Identify two advantages and two disadvantages of the U.S. federal system.

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Learning Outcomes

3. Locate the sources of federalism in the U.S. Constitution; using the terms “vertical control” and “horizontal control,” explain how the founders intended federalism and separation of powers to limit the expansion of national power

4. Explain the historical evolution of federalism as a result of the Marshall Court, the Civil War, the New Deal, civil rights, and federal grant-making.

5. Evaluate immigration policy as a challenge to modern federalism.

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Three Systems of Government

Unitary system Central government gives power to subnational

governments Local governments typically have only powers

granted by central government, rather than any reserved powers

Majority of countries today

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Confederal system Power retained by local/regional governments

League of independent states Central government cannot make laws unless

members support these Examples:

Switzerland United States (under Articles of Confederation)

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Federal system Divides power between national and lower level

governments Written constitution Each government has distinct powers that other

governments cannot override Examples:

Australia, Brazil, Canada, Germany, India, Mexico United States

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The Flow of Power in Three Systems of Government

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Governmental Units in the United States8


Why Federalism?

A practical constitutional solution Framers wanted to combine strong central

government with state traditions and local power Large geographical size of country Brings government closer to the people Benefit: state governments as testing grounds Allows for many political subcultures

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Why Federalism?

Arguments against federalism Way for powerful states to block plans Inequalities across states Some see expansion of national powers as

danger Limited rights for minority groups

James Madison, Federalist Paper No. 10

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The Constitutional Basis for American Federalism

Federal system Authority divided Written constitution Central government + constituent governments

Constitution specifies three types of power1. Powers of national government

2. Powers of the states

3. Prohibited powers

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Powers of the national government Enumerated Powers

Specifically granted by Constitution Coining money, standardized weights and measures,

admitting new states, postal services, declaring war Power to regulate commerce

Implied Powers Necessary and Proper Clause

Inherent Powers (all sovereign nations)

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Powers of the state governments Tenth Amendment

Reserved powers Regulate commerce within borders, state militia, laws

governing crime, marriage, contracts, education Police power All powers not delegated to national government

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Concurrent powers Not specified in Constitution Taxation Borrow funds Establish courts Charter banks and corporations Police power (to a degree)

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Prohibited powers Any power not granted expressly or implicitly by

Constitution is prohibited to federal government States also denied certain powers

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Supremacy Clause (Article VI, Clause 2) National government actions are supreme Conflicts between national and state government

will be resolved in favor of national government McCulloch v. Maryland

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Vertical checks and balances Goal to prevent national government from

becoming too powerful Each branch checks others Vertical checks are between state and national

government

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Interstate Relations Article IV attempts to resolve potential problems

between states Full faith and credit clause—states must honor actions

of other states Privileges and immunities Interstate extradition Interstate compacts

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Defining Constitutional Powers–The Early Years

McCulloch v. Maryland (1819) Marshall: “[W]e must never forget it is a

constitution we are expounding.” Implied powers and national supremacy

Gibbons v. Ogden (1824) Commerce clause Commerce power of national government could

be exercised in state jurisdictions Regulating commerce is a national power

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States’ Rights and the Resort to Civil War

The shift back to states’ rights Jacksonian era (1829-1837) Regulation of commerce major issue Tariffs generally benefitted northern industries

South Carolina withdraws from Union (1860) Six states form Confederate States of America (1861)

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President Lincoln Meets With Generals and Troops

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States’ Rights and the Resort to Civil War

War and the growth of the national government The war effort (billion dollar budget, income tax) Civil War Amendments expand national

government authority 13th: Abolishment of slavery 14th: Defined who was a U.S. citizen 15th: Attempted to provide rights to freed slaves,

including right to vote

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Voting for the First Time23


The Continuing Dispute Over the Division of Power

Dual federalism and the retreat of national authority “Layer cake” federalism A return to normal conditions (for some) Role of the Supreme Court

Defends state’s rights Limits national government power

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The New Deal and cooperative federalism End of dual federalism Expanded role for

national government Cooperation between

national government and states

“Marble cake” federalism


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Methods of implementing cooperative federalism Categorical grants

Formula grants Program grants

Block grants Federal mandates

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The Politics of Federalism

Federal system not always most effective Hurricane Katrina

What has national authority accomplished? Economic relief

New Deal and Social Security Civil rights and war on poverty Child labor laws

Why should states favor the status quo?

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The Politics of Federalism

Federalism becomes a partisan issue The New Federalism:

Republicans and devolution Conversion of categorical grants to block grants Revenue sharing

Federalism in 21st Century Important to conservative ideology But some liberal policy innovations at state level

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Federalism and the Supreme Court Today

Reigning in the commerce power United States v. Lopez United States v. Morrison Affordable Healthcare Act

State sovereignty and the Eleventh Amendment Tenth Amendment issues

New York v. United States Printz v. United States

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Federalism and the Supreme Court Today

Other federalism cases Mixed messages by Supreme Court on medical

marijuana and death with dignity laws Immigration policy: state or federal issue?

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Status of Arizona-inspired Legislation Passed in 2011

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State’s Rights32

Copyright © 2014 Cengage Learning FEDERALISM Chapter Three.

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