Federalism

Dividing Governmental Authority

In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the right of the people.

James Madison, Federalist No. 51

Dividing Governmental Authority

Our federal system of government has often been a source of conflict.

How do we decide which powers should rest with the states and which should belong to the national government?

Dividing Governmental Authority

Is the federal government getting too big to provide an effective response to local

problems?

Why Divide Authority in the First Place?

The Constitution may have never been ratified if the Framers had pushed for a unitary system.

Federalism was a compromise, allowing the states to maintain their independence.

The Evolution of Federalism

“State-Centered Federalism” 1787 to 1868

From the adoption of the Constitution to the end of the Civil War, the states were the most important units of the American Federal System.

McCulloch v. Maryland decided during this phase.

Chief Justice, 1801–1835

Marbury v. Madison, 1803

McCulloch v. Maryland, 1818

– Used Constitution’s necessaryand proper clause

His opinions helped to weaken states’ rights

Pathways Profile: John Marshall

Evolution of FederalismDoctrine of Nullification

Each state could declare any laws or actions of the national government “null and void.”

Doctrine of SecessionStates could chose to withdraw from the

United States if they wanted. Used by the Confederate States in the Civil

War.

Evolution of Federalism“Dual Federalism”

1868 to 1913

In this phase, the national government narrowly interpreted its delegated powers and the states

continued to decide most domestic policy issues.

Evolution of Federalism

After the Civil War, industrialization and urbanization created new challenges for the federal system.

Federal Power: The Supreme Court and the New Deal

Franklin D. Roosevelt was elected in 1932, in the midst of the Great Depression.

Supreme Court blocked many of his New Deal laws.

Roosevelt responded with a “court-packing” plan.

Evolution of Federalism

Evolution of Federalism

Past Trends in Federalism

The system was likened to a marble cake in that “as the

colors are mixed in a marble cake, so functions are mixed

in the American federal system.”

Cooperative Federalism 1913 to 1964

Past Trends in Federalism

The presidency of Lyndon B. Johnson

(1963–1969) marked a critical point in the

evolution of federalism.

The Great Society and Creative Federalism

Past Trends in Federalism

Johnson’s “Great Society”War on Poverty

Federal funds were directed to states, local government, and a wide variety of social programs.

The Great Society and Creative Federalism

Past Trends in FederalismThe Great Society and Creative Federalism

Past Trends in FederalismThe Great Society and Creative Federalism

Past Trends in Federalism

Grants-in-AidFederal funds given to state and local

governments on the condition that the money be spent for specified purposes, defined by officials

in Washington.

The Changing Nature of Federal Grants

In 2004 the federal government spent $418,091,000,000 in grants-in-aid to

state and local government.

Past Trends in Federalism

Block grantsFederal funds given to states, which have

discretion in spending the money.

The Changing Nature of Federal Grants

In 1996 there was a shift from Categorical Grants to Block Grants.

Recent Trends in FederalismRonald Reagan sought to return more power and responsibility to the states.

“Government is not the solution; it’s the problem.”–Ronald Reagan

John Dillon, Iowa Supreme Court

– New definition of the relationship between state and local governments

Home Rule City governments free, except where prohibited by

state law.

Recent Trends in FederalismDillon’s Rule v. Home Rule

Devolution The Republican

“Contract with America” called for devolution—the transfer of political and economic power to the states.

Recent Trends in Federalism

The Supreme Court’s Shift in Perspective

Recent Trends in Federalism

Beginning in 1995, justices interested in granting more deference to state authority gained a slim five-to-four majority in the

Supreme Court.

•United States v. Lopez (1995)•Printz v. United States (1997)•United States v. Morrison (2000)

Pathways of Change From Around the World: Ukraine

Ukrainian movements – Orange Revolution – Nashi youth movement

Freedom fighters or tool of the Kremlin?