FEDERALIS
M
WIL
SON 3A
KEY QUESTIONS
W H O G O V E R N S
Where is sovereignty located in the American political system?
How is power divided between the national and state governments under the Constitution?
T O W H AT E N D S
What compelling values are at stake in federalism?
Who should decide what matters ought to be governed mainly or solely by national laws?
FEDERALISM
Political system with sovereign local government units and independent national units that share responsibilities
Examples Canada India Germany Switzerland Autralia
UNITARY GOVERNMENT
Local government subservient to national
Can be altered or abolished by national Examples
France Britain Italy Sweden
By contrast the US has 87,000 different sovereign governments + 35,000 special districts
POLITICAL POWER
Constitutional guarantee
Citizen preferences
Locally acquired
Careers depend on satisfying local needs
Economic incentives Block grants – money given to state to spend broadly
within legislative guidelines
METAPHORS
Slinky federalism Powers flows back and forth
Layer cake Separation of authority
Fruit salad Mixed reality Defined responsibilities
FEDERALISM
GOOD (PROS)
Elazar Governmental
strength Political flexibility Individual liberty
Disperse elite power in many places
Slow to action
BAD (CONS)
Laski, Riker States are poisonous Perpetuates racism
Small political units more likely to be dominated by a single faction
Democratic
Wilson:Raises political activityLowers cost of organization
GROUP DIS
CUSSION
Civil rightsPersonal protectionPrivacyEducationImmigrationMarriageMoneyGunsSex UnemploymentEnvironmentProperty
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FOUNDING
Definitions Federalist 39: neither national nor federalConfederal may refer to more state sovereignty
New planNo historical precedentNeither would have authority over the otherPeople would have authority over both10th amendment guarantee for states
ELASTIC CLAUSE
Article I, section 8
“Necessary and proper”
Hamilton – national supremacyArticle 6, clause 2
Jefferson – states rights with people sovereign
National government threat to individual liberty
Role in today’s politics?
CONSTITUTIONAL LAW
John Marshall believed in national supremacy
Marbury v. MadisonCould the Courts force an executive to honor the commission of another?
McCulloch v. MarylandCould the federal government charter a bank?Could a state tax that bank?
NULLIFICATION
Law to punish critical newspaper articles Jefferson, Hamilton argue for
Federal tariffsCalhoun
SlaveryUnion indissoluble
Civil WarSupreme Court
DUAL FEDERALISM
Both national and state governments are sovereign in their own spheres
SeparateInterstate commerceIntrastate commerce
Mostly no distinction
STATE SOVEREIGNTY
US v. Lopez
US v. Morrison
Printz v. US
Alden v. Maine
Federal Maritime Commission v. South Carolina Port Authority
CHALLENGE
Police Power
Initiative
Referendum
Recall
Chisholm v. Georgia
11th amendment
Local government is subject to state law
Local government survey
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