Government Structure and Federalism

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March 15, 2022 March 15, 2022 Introduction to American Introduction to American Politics Politics 1 Government Government Structure and Structure and Federalism Federalism Frank Brooks Frank Brooks

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Government Structure and Federalism. Frank Brooks. The Constitution as a Contract. Lays out key elements of government purposes structure powers limits Skeletal framework, not detailed blueprint Constitution is vague, “inspired ambiguity” provides flexibility and stability - PowerPoint PPT Presentation

Transcript of Government Structure and Federalism

April 19, 2023April 19, 2023 Introduction to American PoliticsIntroduction to American Politics 11

Government Structure Government Structure and Federalismand Federalism

Frank BrooksFrank Brooks

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The Constitution as a ContractThe Constitution as a Contract

Lays out key elements of governmentLays out key elements of government purposespurposes structurestructure powerspowers limitslimits

Skeletal framework, not detailed blueprintSkeletal framework, not detailed blueprint Constitution is vague, “inspired ambiguity”Constitution is vague, “inspired ambiguity” provides flexibility and stabilityprovides flexibility and stability channels conflict into “political” channelschannels conflict into “political” channels

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Powers: Formal and EvolvedPowers: Formal and Evolved

Formal, constitutional powers Formal, constitutional powers Congress (Article 1) Congress (Article 1) President (Article 2) President (Article 2) Supreme Court (Article 3)Supreme Court (Article 3)

Informal, evolved powersInformal, evolved powers Congress – “necessary and proper clause” (elastic)Congress – “necessary and proper clause” (elastic) President – “inherent” (implied) powersPresident – “inherent” (implied) powers

Many rooted in “commander in chief” authorityMany rooted in “commander in chief” authorityCapacity to lead nation enhanced by technologyCapacity to lead nation enhanced by technologyDevelopment of national constituencies and interestsDevelopment of national constituencies and interests

Supreme Court – judicial reviewSupreme Court – judicial review

“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all

other Powers vested by this Constitution in the Government of the United States, or in any Department

or Officer thereof.” (Article I, Section 8)

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Limits on National GovernmentLimits on National Government

ConstitutionalConstitutional Limits Limits

Amendment ProcessAmendment Process channels policy change into political channelschannels policy change into political channels

Separation of Powers; Checks and BalancesSeparation of Powers; Checks and Balances Decentralize power by separating itDecentralize power by separating it Encourage competition between power centersEncourage competition between power centers

FederalismFederalism Acknowledge and define role of state and local Acknowledge and define role of state and local

governments as counterweightgovernments as counterweight

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Amending the ConstitutionAmending the Constitution

ProposalProposal By 2/3 vote of By 2/3 vote of bothboth houses of Congress (A) houses of Congress (A) By 2/3 of state legislatures calling for a convention (B)By 2/3 of state legislatures calling for a convention (B)

RatificationRatification By ¾ of state legislatures (C)By ¾ of state legislatures (C) By ¾ of state ratifying conventions (D)By ¾ of state ratifying conventions (D)

History of amendmentHistory of amendment Only 27 (17 since Bill of Rights)Only 27 (17 since Bill of Rights) AC route for all but oneAC route for all but one Difficulty of amendment channels policy change to Congress, Difficulty of amendment channels policy change to Congress,

executive branch, even courtsexecutive branch, even courts

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Separation of PowersSeparation of Powers

Three branches; four significant partsThree branches; four significant parts Horizontal separation (among the branches)Horizontal separation (among the branches) Congress (consider both chambers)Congress (consider both chambers)

HouseHouseSenateSenate

Presidency [Executive Branch]Presidency [Executive Branch] CourtsCourts

Three Three kindskinds of separation into those four parts of separation into those four parts FunctionFunction ConstituencyConstituency TermTerm

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Separation by FunctionSeparation by Function

HouseHouse LegislativeLegislative SpendingSpending

SenateSenate LegislativeLegislative Executive: approve nominations, ratify treatiesExecutive: approve nominations, ratify treaties

PresidentPresident ExecutiveExecutive Foreign relationsForeign relations

CourtsCourts JudicialJudicial Interpret ConstitutionInterpret Constitution

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Separation by ConstituencySeparation by Constituency

HouseHouse Chosen by voters in Congressional Chosen by voters in Congressional districtsdistricts Narrowest representation, most accountabilityNarrowest representation, most accountability Redistricting and “gerrymandering”Redistricting and “gerrymandering” Illinois’ Illinois’ Fourth Congressional District

SenateSenate Chosen by Chosen by statesstates (legislatures, then voters) (legislatures, then voters) More heterogeneous constituency than HouseMore heterogeneous constituency than House

PresidentPresident ““National”National” constituency (distorted by electoral college) constituency (distorted by electoral college)

CourtCourt Federal judges chosen by President and SenateFederal judges chosen by President and Senate ““represent” the Constitution (defend it against threats)represent” the Constitution (defend it against threats)

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Separation by TermSeparation by Term

CourtCourt ““life” term life” term

HouseHouse 2 years, no term limits2 years, no term limits

SenateSenate 6 years (staggered), no term limits6 years (staggered), no term limits

PresidentPresident 4 years, 2 term limit (after 224 years, 2 term limit (after 22ndnd Amendment) Amendment)

Cannot gain control of all the government all at Cannot gain control of all the government all at the same timethe same time

“shall hold their Offices during good Behaviour” (Article 3, Section 1)

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Checks and BalancesChecks and Balances

Consider FDR’s court-packing schemeConsider FDR’s court-packing scheme

Separation of powers may slow down concentration of Separation of powers may slow down concentration of power, but can’t stop itpower, but can’t stop it

““Ambition must be made to counteract ambition”Ambition must be made to counteract ambition” Assume that office-holders need/want powerAssume that office-holders need/want power Give each part tools to interfere with other partsGive each part tools to interfere with other parts Let competition among parts limit overall power, or at least Let competition among parts limit overall power, or at least

ensure that power used appropriatelyensure that power used appropriately

Broad impact of checks and balances Broad impact of checks and balances enforce separationenforce separation compel cooperation and compromisecompel cooperation and compromise

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FederalismFederalism

Separation of power between Separation of power between levelslevels of of government (vertical)government (vertical)Historical context Historical context shift of power away from statesshift of power away from states But, left them considerable authorityBut, left them considerable authority

Complex subject (abstract to concrete)Complex subject (abstract to concrete) StructureStructure of relationship between states & federal of relationship between states & federal How the How the ConstitutionConstitution describes terms of relationship describes terms of relationship InterpretationInterpretation of Constitutional language of Constitutional language PoliticsPolitics of relationship (especially money) of relationship (especially money)

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Structure of FederalismStructure of Federalism

• Unitary Government

• Confederal Government

• Federal Government

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Federalism in the ConstitutionFederalism in the Constitution

““National Supremacy” Clause (Article 6)National Supremacy” Clause (Article 6) Seems to favor national governmentSeems to favor national government Anti-Federalists sought clarification/dilutionAnti-Federalists sought clarification/dilution

Tenth AmendmentTenth Amendment National government has National government has “delegated”“delegated” powers powers

E.g. regulate interstate commerce, raise armyE.g. regulate interstate commerce, raise army

Only those explicitly mentioned in Constitution?Only those explicitly mentioned in Constitution? States governments have States governments have “reserved”“reserved” powers powers

Residual category (after powers prohibited to states)Residual category (after powers prohibited to states)

Includes “police” powers, educationIncludes “police” powers, education

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the

Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States,

are reserved to the States

respectively, or to the people.

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Interpreting FederalismInterpreting Federalism

Need for InterpretationNeed for Interpretation National Supremacy clause and 10National Supremacy clause and 10thth Amendment Amendment

potentially contradictorypotentially contradictory Specific meaning of “delegated” and “reserved” Specific meaning of “delegated” and “reserved”

unclearunclear Supreme Court resolvesSupreme Court resolves

McCulloch v. Maryland (1819)McCulloch v. Maryland (1819) If both state and federal government exercise If both state and federal government exercise

legitimate power, which prevails?legitimate power, which prevails? Elastic clause + national supremacy clause = national Elastic clause + national supremacy clause = national

government winsgovernment wins

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Interpretations of the Commerce Interpretations of the Commerce ClauseClause

How much power was conferred by Congress’ How much power was conferred by Congress’ power to “regulate interstate commerce”?power to “regulate interstate commerce”?

Gibbons v. Ogden Gibbons v. Ogden (1824)(1824) ““commerce” broad; “interstate” narrowcommerce” broad; “interstate” narrow

1830s-1930s – commerce power interpreted 1830s-1930s – commerce power interpreted narrowly to limit Congressional powernarrowly to limit Congressional power

Jones v. NLRB Jones v. NLRB (1937)(1937) Virtually all commerce is “interstate”Virtually all commerce is “interstate” Greatly expanded Congressional powerGreatly expanded Congressional power

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The Politics of FederalismThe Politics of Federalism

Dual federalismDual federalism Dominant until 1930sDominant until 1930s States and national government had distinct, separate realms States and national government had distinct, separate realms

(depending on functions)(depending on functions)

Cooperative federalismCooperative federalism States and national government cooperateStates and national government cooperate Often, national government funds, while states implementOften, national government funds, while states implement “layer cake” v. “marble cake”

Regulatory federalismRegulatory federalism National government sets conditions for funding and thus National government sets conditions for funding and thus

regulates state actionsregulates state actions Unpopular with statesUnpopular with states

““New” federalism, devolution, states’ rightsNew” federalism, devolution, states’ rights

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Funding FederalismFunding Federalism

Categorical and Project GrantsCategorical and Project Grants Money appropriated for specific purposesMoney appropriated for specific purposes Local governments and organizations write grant Local governments and organizations write grant

proposalsproposals States often circumventedStates often circumvented

Block grantsBlock grants Broad purposes, e.g. economic developmentBroad purposes, e.g. economic development Only about 10% of federal fundingOnly about 10% of federal funding

Revenue SharingRevenue Sharing States get proportional “share” of taxes collected by States get proportional “share” of taxes collected by

federal government to spend on any purposefederal government to spend on any purpose