Chapter Three - Mr. Shaun Taylor's...

Copyright © 2014 Cengage Learning

FEDERALISM

Chapter Three

Copyright © 2014 Cengage Learning Copyright © 2014 Cengage Learning

Learning Outcomes

1. Define federalism and contrast the federal

system of government with the unitary and

confederal systems in explaining where

governmental power lies.

2. Identify two advantages and two disadvantages

of the U.S. federal system.

2


Learning Outcomes

3. Locate the sources of federalism in the U.S.

Constitution; using the terms “vertical control”

and “horizontal control,” explain how the founders

intended federalism and separation of powers to

limit the expansion of national power

4. Explain the historical evolution of federalism as a

result of the Marshall Court, the Civil War, the

New Deal, civil rights, and federal grant-making.

5. Evaluate immigration policy as a challenge to

modern federalism.

3


Three Systems of Government

Unitary system

Central government gives power to subnational

governments

Local governments typically have only powers

granted by central government, rather than any

reserved powers

Majority of countries today

4



Confederal system

Power retained by local/regional governments

League of independent states

Central government cannot make laws unless

members support these

Examples:

Switzerland

United States (under Articles of Confederation)

5



Federal system

Divides power between national and lower level

governments

Written constitution

Each government has distinct powers that other

governments cannot override

Examples:

Australia, Brazil, Canada, Germany, India, Mexico

United States

6


The Flow of Power in Three Systems of Government

7


Governmental Units in the United States 8


Why Federalism?

A practical constitutional solution

Framers wanted to combine strong central

government with state traditions and local power

Large geographical size of country

Brings government closer to the people

Benefit: state governments as testing grounds

Allows for many political subcultures

9


Why Federalism?

Arguments against federalism

Way for powerful states to block plans

Inequalities across states

Some see expansion of national powers as

danger

Limited rights for minority groups

James Madison, Federalist Paper No. 10

10


The Constitutional Basis for

American Federalism

Federal system

Authority divided

Written constitution

Central government + constituent governments

Constitution specifies three types of power

1. Powers of national government

2. Powers of the states

3. Prohibited powers

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American Federalism

Powers of the national government

Enumerated Powers

Specifically granted by Constitution

Coining money, standardized weights and measures,

admitting new states, postal services, declaring war

Power to regulate commerce

Implied Powers

Necessary and Proper Clause

Inherent Powers (all sovereign nations)

12



American Federalism

Powers of the state governments

Tenth Amendment

Reserved powers

Regulate commerce within borders, state militia, laws

governing crime, marriage, contracts, education

Police power

All powers not delegated to national government

13



American Federalism

Concurrent powers

Not specified in Constitution

Taxation

Borrow funds

Establish courts

Charter banks and corporations

Police power (to a degree)

14



American Federalism

Prohibited powers

Any power not granted expressly or implicitly by

Constitution is prohibited to federal government

States also denied certain powers

15



American Federalism

Supremacy Clause (Article VI, Clause 2)

National government actions are supreme

Conflicts between national and state government

will be resolved in favor of national government

McCulloch v. Maryland

16



American Federalism

Vertical checks and balances

Goal to prevent national government from

becoming too powerful

Each branch checks others

Vertical checks are between state and national

government

17



American Federalism

Interstate Relations

Article IV attempts to resolve potential problems

between states

Full faith and credit clause—states must honor actions

of other states

Privileges and immunities

Interstate extradition

Interstate compacts

18


Defining Constitutional Powers–

The Early Years

McCulloch v. Maryland (1819)

Marshall: “[W]e must never forget it is a

constitution we are expounding.”

Implied powers and national supremacy

Gibbons v. Ogden (1824)

Commerce clause

Commerce power of national government could

be exercised in state jurisdictions

Regulating commerce is a national power

19


States’ Rights and the Resort to Civil War

The shift back to states’ rights

Jacksonian era (1829-1837)

Regulation of commerce major issue

Tariffs generally benefitted northern industries

South Carolina withdraws from Union (1860)

Six states form Confederate States of America (1861)

20


President Lincoln Meets With

Generals and Troops 21


States’ Rights and the Resort to Civil War

War and the growth of the national

government

The war effort (billion dollar budget, income tax)

Civil War Amendments expand national

government authority

13th: Abolishment of slavery

14th: Defined who was a U.S. citizen

15th: Attempted to provide rights to freed slaves,

including right to vote

22


Voting for the First Time 23


The Continuing Dispute Over

the Division of Power

Dual federalism and the retreat of national

authority

“Layer cake” federalism

A return to normal conditions (for some)

Role of the Supreme Court

Defends state’s rights

Limits national government power

24




The New Deal and

cooperative federalism

End of dual federalism

Expanded role for

national government

Cooperation between

national government and

states

“Marble cake” federalism


25




Methods of implementing cooperative

federalism

Categorical grants

Formula grants

Program grants

Block grants

Federal mandates

26


The Politics of Federalism

Federal system not always most effective

Hurricane Katrina

What has national authority accomplished?

Economic relief

New Deal and Social Security

Civil rights and war on poverty

Child labor laws

Why should states favor the status quo?

27


The Politics of Federalism

Federalism becomes a partisan issue

The New Federalism:

Republicans and devolution

Conversion of categorical grants to block grants

Revenue sharing

Federalism in 21st Century

Important to conservative ideology

But some liberal policy innovations at state level

28


Federalism and the Supreme Court Today

Reigning in the commerce power

United States v. Lopez

United States v. Morrison

Affordable Healthcare Act

State sovereignty and the Eleventh Amendment

Tenth Amendment issues

New York v. United States

Printz v. United States

29


Federalism and the Supreme Court Today

Other federalism cases

Mixed messages by Supreme Court on medical

marijuana and death with dignity laws

Immigration policy: state or federal issue?

30


Status of Arizona-inspired Legislation

Passed in 2011 31


State’s Rights 32

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