Am Federalism

63
Federalism Andrew Martin

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Transcript of Am Federalism

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FederalismAndrew Martin

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Quiz Answers

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Quiz Answers

● 1. False

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Quiz Answers

● 1. False ● 2. C

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Quiz Answers

● 1. False ● 2. C● 3. D

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Quiz Answers

● 1. False ● 2. C● 3. D● 4. B

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Quiz Answers

● 1. False ● 2. C● 3. D● 4. B● 5. C

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What is Federalism?

“Look, the American people don’t want to be bossed around by federal

bureaucrats. They want to be bossed around by state bureaucrats”

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What is Federalism?

● Federalism is a system of government where power and authority is divided between a central government and regional subunit. Both exercise authority over citizens. In the United States, the Constitution

sets up the boundaries between federal and state governments.

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What is Federalism?

● This system creates layers of government, which are sometimes distinct and sometimes concurrent.

● The alternative to this is a unitary system of government.

From tour360.com

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Why Federalism?

● Historical Reasons

● Philosophical Reasons

● Practical Reasons

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Historical Reasons

● The colonies had been settled over a long period of time.

● Settlers came from different cultural and legal traditions.

● All had some history of self-government.

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Historical Reasons

From loc.gov From imustread.com

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Philosophical Reasons

Baron de Montesquieu

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Philosophical Reasons

James Madison

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Philosophical Reasons

From nodens.physics.ox.ac.uk

From colorado.naturephotographers.net

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Philosophical Reasons

● Madison borrowed this idea of separate branches and layers of government in Federalist no. 51.

● He argued that this would provide a “double security” for the rights of the people.

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Practical Reasons

Without some degree

of state authority,

some states would not

have ratified the

Constitution.

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Practical Reasons

● Federalism provided a compromise position between advocates of a unitary system and “states’ rights.”

● Still allowed for a strong federal government, but states retained some power.

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American Federalism

● There has always been conflict over the division of power between the federal government and the states.

● The manifestation of this conflict has often centered over which powers each should control.

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American Federalism

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American Federalism

Should the federal government belong in some of these areas or is it just too

big to be effective?

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American Federalism

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American Federalism

Pat Bagley, The Salt Lake Tribune

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American Federalism

● Unfunded mandates occur when the national government imposes regulations on state and local governments without covering the costs.

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American Federalism

Should the federal government pay for all of these expenses?

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Evolution of Federalism

State-Centered Federalism1787-1868

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Debate over Federal Power

• Those in favor of centralized or strong national government argue that the central government should be denied authority only when the Constitution clearly prohibits it from acting.

• Those in favor of decentralized system of government viewed the Constitution as a compact among states that gives the central government very little authority.

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Growth of Federal Power

From www.law.harvard.edu

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Growth of Federal Power

● McCulloch v. Maryland (1819)

Doctrine of Implied National Powers

Doctrine of National Supremacy

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Growth of Federal Power

● Cohens v. Virginia U.S. Supreme Court can review decisions of state courts

● Gibbons v. Ogden Broadly defined Congressional Power under the

Commerce Clause

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Assertions of State Power

Doctrine of Nullification

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Assertions of State Power

From www.wikipedia.org

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Assertions of State Power

Doctrine of Secession

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From web.syr.edu

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Civil War

● The Civil War ended the arguments in support of the Doctrines of Secession and Nullification

● The Constitution was amended to limit the power of the states – specifically regarding the treatment of African-Americans.

● 13th abolished slavery● 14th gives citizenship and equal rights to slaves● 15th grants free slaves suffrage

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Evolution of Federalism

Dual Federalism1868-1938

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Dual Federalism

Views the Constitution as giving a limited list of powers to the national

government, leaving the rest to sovereign states

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Dual Federalism

During this period, the national government narrowly interpreted its delegated powers and the states continued to decide most domestic

policy issues

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Industrial Revolution and Change

From www.sustainability.murdoch.edu.au

From webinstituteforteachers.org

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Industrial Revolution and Change

● The federal government took a mostly hands off approach to economic regulation during this period with a few important exceptions.

Interstate Commerce Commission Act (1887)

Sherman Anti-Trust Act (1890)

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Industrial Revolution and Change

● Some states also attempted to regulate big business during this time period.

● This varied from state to state based on influence of business interests in the state legislature. E.g. West Virginia and coal companies; N. Carolina and

child labor

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Industrial Revolution and Change

The Supreme Court

and Regulation of Business

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Industrial Revolution and Change

● US v. E.C. Knight Company (1895)

● Hammer v. Dagenhart (1918) and Bailey v. Drexel Furniture Company (1922)

● Lochner v. New York (1905)

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Evolution of Federalism

Cooperative Federalism1938-1964

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Evolution of Federalism

From www.dianasbakery.com

The system was likened to a marbled cake in that “as the colors are mixed in a marble cake, so functions are mixed in the American federal system.”

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Great Depression

From library.thinkquest.org

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New Deal and Change

Supreme Court Hostility

to the New Deal

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New Deal and Change

From loc.gov

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Evolution of Federalism

Centralized or Creative

Federalism1964-1980

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The Great Society

Lyndon Johnson’s presidency marked a significant change in federal-state relations.

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The Great Society

● Many of Johnson’s programs implemented as part of the “War on Poverty” involved cooperation between federal, state, and local governments.

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Grants-in-Aid

● Federal funds given to state and local governments for specific purposes.

● Have been utilized since the earliest days of the nation’s history.

● Today grant-in-aid projects cost the federal government over $418 billion annually.

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Grants-in-Aid

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Grants-in-Aid

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Types of Grants

● 2 types of Categorical Grants:• Formula grants

• Project grants

● Block Grants● Far more flexible

● Recently, there has been a shift to greater use of Block Grants

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Evolution of Federalism

New Federalism

1980-?

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New Federalism

“Government is not the solution to our problems; it is the problem”

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New Federalism

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Devolution

The transfer of political and economic power to the states

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Devolution

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New Federalism and the Courts

● US v. Lopez (1995)

● US v. Morrison (2000)

● Printz v. US (1997)

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New Federalism and the Courts

Why did the Supreme Court

shift positions on

questions of federalism?