The Challenges of Modern Federalism

New York, September 2001

New Orleans, August 2005

Federalism is…Federalism is…

A system of government in which A system of government in which political authority is divided between a political authority is divided between a national (or federal) government, and national (or federal) government, and its political subdivisions (such as its political subdivisions (such as states).states).

Federalism is…Federalism is…

A system where national and state A system where national and state governments each have defined governments each have defined powers, with some being shared by powers, with some being shared by both and some being denied to both.both and some being denied to both.

Federalism & the Federalism & the ConstitutionConstitution

The Federal Government has

expressed powers specifically granted in the Constitution (tax, regulate commerce,

declare war, etc.)

The Federal Government has

implied powers from the necessary & proper

clause or “elastic clause” (ex: create a

national bank)The 10th Amendment

reserves powers to the states (ex: education, law enforcement, etc.)

The U.S. Constitution is the supreme law

of the land (National Supremacy

Clause)

Dual Federalism (1789-Dual Federalism (1789-1932)1932)

Federal and state governments are co-Federal and state governments are co-equals, each sovereignequals, each sovereign

Narrow interpretation of the ConstitutionNarrow interpretation of the Constitution

Federal government only has jurisdiction if Federal government only has jurisdiction if clear expressed in the Constitution (ex: coin clear expressed in the Constitution (ex: coin money, foreign affairs)money, foreign affairs)

State have greater role and powers (ex: State have greater role and powers (ex: public education, race relations)public education, race relations)

What does duel federalism have in common with a layer cake?

Cooperative Federalism Cooperative Federalism (1933-present)(1933-present)

National government clearly supreme over the National government clearly supreme over the states with wide interpretation of the “necessary states with wide interpretation of the “necessary and proper clause” (Article I, Sect. 8 of the and proper clause” (Article I, Sect. 8 of the Constitution, also known as the “elastic clause.”)Constitution, also known as the “elastic clause.”)

Federal government intervenes or assists in Federal government intervenes or assists in some areas traditionally left to the states (ex: some areas traditionally left to the states (ex: education, health care, civil rights)education, health care, civil rights)

Began with the New Deal in the 1930sBegan with the New Deal in the 1930s

What does cooperative federalism have in common with a marble cake?

Political Cartoon #1 Title: Another Perfect Storm

Artist: Jeff Danziger Date: September, 2005 http://cartoonbox.slate.com/

Political Cartoon #2 Title: Disaster

Response

Artist: John Trever, The Albuquerque Journal Date: September, 2005

Political Cartoon #3 Title: Homeland

Security

Artist: Mike Keefe, The Denver Post Date: September, 2005

Political Cartoon #4 Title: Cleanup

Artist: Cam Cardow, The Ottawa Citizen Date: September 5, 2005

Questions for Questions for DiscussionDiscussion

What 20What 20thth Century events contributed to the shift from Century events contributed to the shift from dual federalism to cooperative federalism?dual federalism to cooperative federalism?

What are the inherent strengths of a federal system in What are the inherent strengths of a federal system in addressing national emergencies? What are the addressing national emergencies? What are the weaknesses?weaknesses?

In both the near future, do you think the trend of In both the near future, do you think the trend of cooperative federalism with the federal government cooperative federalism with the federal government taking a dominant role over the states will continue? taking a dominant role over the states will continue? Will this trend continue even into the distant future?Will this trend continue even into the distant future?