Federalism National Government vs. State Governments

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FederalismNational Government vs. State Governments1Explanation for federalismit clearly appears, that the same advantage which a republic has over a democracy, in controlling the effects of faction, is enjoyed by a large over a small republic-is enjoyed by the Union over the States composing itThe influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States. Madison Federalist #10

2Federalism and the ConstitutionFederalism as a Madisonian deviceA way to limit federal authority (see Federalist 10 and 51)The division of powers between two sovereign governmentsIt helps to address the diverse nature of our country (allows for local control)State governments were well established and people trusted them3Constitutional Basis of federalismA strong national governmentArticle I, Section 8 grants government many broad powers, but government also given powers to create all laws necessary and proper (elastic clause)Article VI establishes the supremacy of the ConstitutionPowers prohibited to the statesStates denied from doing things that conflict with national government such enter treaties, coin money, keep troops or navies, make war levy import, export taxesStates left with the local powers of governing the welfare, health, safety and morals of its peopleNational government limitedArticle I, Section 9 establishes powers denied to federal government10th Amendment grants states powers not granted by the Constitution to the national government (who wins if a conflict between the elastic clause and 10th AmendmentArticle IV requires states to work togetherFull faith and credit clause4Layer Cake vs. Marble Cake FederalismPeopleFederal govtStates


6Developing FederalismEarly National PeriodMcCulloch v. Maryland (1819)Congress charters the Bank of the United States to provide loans for investment and infrastructure, control currencyDepression leads to distrust and the bank becomes a scapegoat so Maryland passes a tax on the Baltimore branch of the bankAt issue was whether Congress could establish a bank and whether the states could tax said bankChief Justice John Marshall ruled that while a national bank is not specifically stated in the Constitution, the necessary and proper clause gives the government the power to establish the bank; also the power to tax is the power to destroy and the states cant tax a branch of the federal government thus lending validity to the supremacy clause

7Early National Period contGibbons v. Ogden (1824) This dispute arose because Ogden held a New York monopoly license to transport goods between New York and New Jersey while Gibbons held a federal contract to do the same John Marshall ruled that granting a monopoly over interstate commerce violated the Constitution This case most importantly gave the government the broad authority to regulate interstate commerce, an important tool used by the government during the New Deal and Civil Rights eras

8The Civil War eraAfter Marshall, Andrew Jackson worked to build a more conservative court, which granted the states more control over local issuesNullification Crises- in 1798 Madison argued that the states have a right to refuse to obey laws when they feel the federal government has exceeded its authority; in 1832, South Carolina, using Madisons words threatened to secede when they felt the government had passed a high federal tariff, secession was avoided, but the question still remains, can the states ignore federal laws they feel violate their sovereignty?

9Civil War contdIn the Dred Scott case Chief Justice Taney ruled that Congress does not have the power to outlaw slavery in the territories and the Missouri Compromise was unconstitutionalPost Civil War14th AmendmentThe due process clause of the 14th Amendment makes the Bill of Rights applicable to the states, a power not felt until the 1900s16th AmendmentThe income tax becomes an important tool for the New Deal and Fiscal Federalism or grants-in-aid

10The New Deal eraThe states cant cope with the demands of the Great Depression, thus Roosevelt is elected on the promise of a New Deal for the people (which also called for a more active government)Initially the Supreme Court struck down the New Deal because it granted Congress to much discretion over interstate commerce in the sick chicken case

11New Deal and the commerce clauseIn response, Roosevelt introduced his plan to change the Court from 9 to 15 and wouldnt need an amendment to do it; luckily 5 of his opponents retire and are replaced by pro-New Dealers; Court rules in favor of Congress in West Coast Hotel v. Parrish (1937) thus the switch in time that saved nineAfterwards, the Court defers to Congress on regulating interstate commerce and takes a broad interpretation of the clause such as in the Ollies BBQ case of 1964

12Fiscal Federalism-spending, taxing and producing grants in the federal systemCategorical grants-money given to states for a specific purpose, but there are conditionsInterstate Highway Act-governments pay 80% of cost of highway construction, but must be built to government specificationsStates must establish a highway beautification program or lose 10% of its fundingOr Cross over sanctionsFunds withheld for highway construction unless the drinking ages of the states are raised (South Dakota v. Dole)Block grants-money given to states, but less strings attachedGiving money to states to decrease emissions Money given to the states for welfare, but the states come up with the system that helps them best13Federal MandatesAn order from federal government that all state and local governments must comply with or face punishment (usually financial)

ExamplesCivil Rights Act of 1957 and 1964; Voting Rights Act of 1965Clean Air Act (1963)The Americans with Disabilities Act (1990)MedicaidHealthcare law debateNo Child Left Behind Act of 2001

14The National Governments Contributions toState and Local Government Expenditures

15Trends in National GovernmentGrants to States and Localities

16Devolution-a growing distrust of government and increased trust in states coupled with a GOP takeover has led to an increased backing off of the federal government Reagan takes 42 categorical grants and turns them into block grants with few strings attachedClinton passes the Personal Responsibility and Work Opportunity Act in 1995No Child Left Behind Act and Education Accountability Act passed in 2000

17Key casesUS v. Lopez (1995)In 1990, Congress passes Gun Free School Zone Act making it a federal offense to bring a firearm on a school campus because they reasoned crime has been exacerbated by the interstate movement of guns, drugs, and gangs and there is an increasing amount of guns found at schoolsUnder the interstate commerce clause Congress felt they had the power to pass laws to ensure the integrity and safety of the nations schoolsThe Court ruled against Congress and interstate commerce clause for 1st time in 60 yearsCongress was using a worst case scenario in passing the lawCourt believed that Congress has gone far enough with the interstate commerce clause18Key CasesUS v. Morrison (2000)A female student at Virginia Tech sued 2 football players for raping her which was made a federal crime under the Violence Against Women Act of 1994Congress reasoned that gender-motivated crimes affects interstate commerce because if such crimes go unpunished then women will not participate in any commerce activityIn a 5-4 decision, William Rehnquist agreed that Congress was again misapplying the interstate commerce clauseThe Court referenced the Lopez case and argued that at least in the Gun Free Zone Act Congress had data to make their decision, no such data existed for the passage of this lawChief Justice Rehnquist wrote that [i]f the allegations here are true, no civilized system of justice could fail to provide [Brzonkala] a remedy for the conduct of...Morrison. But under our federal system that remedy must be provided by the Commonwealth of Virginia, and not by the United States."

19Key CasesGonzales v. Reich (2005)In 1996 California voters passed the Compassionate Use Act, legalizing marijuana for medical use, which conflicted with the federal Controlled Substances Act (CSA), which banned possession of marijuana. After the Drug Enforcement Administration (DEA) seized doctor-prescribed marijuana from a patient's home, a group of medical marijuana users sued the DEA and U.S. Attorney General John Ashcroft in federal district court.The users argued the CSA exceeded Congress commerce clause power relying on the Lopez and Morrison casesThe court ruled 6-3 that local marijuana use was in a class of activities, the national marijuana market where local use affected supply and demand nationally on the national market therefore allowing Congress to regulate such activity. The Lopez and Morrison cases attempted to regulate non-economic activity, this statute did not.

20Recent DecisionNational Federation of Independent Business v. Sebelius, Florida, et. al. v US Department of Health and Human Services and US Department of Health and Human Services v. Florida, et. al. (2012)187 page decisionThe Court ruled 5-4 that Congress did not have the authority to pass the individual mandate under the commerce clause (Roberts, Scalia, Thomas, Kennedy, Alito)The Court ruled 5-4, however, Congress did have the authority to pass the individual mandate under its power to tax (Roberts, Ginsburg, Breyer, Sotomayor, Kagan)By 7-2, the Court ruled Congress did not have the power to threaten states with losing Medicaid funding if they didnt comply with the expansion of Medicaid21DevolutionAdvantagesLocal controlExperimentationLocal governments able to adapt to local needs leading to greater efficiencyTraditional interpretation of the states