FEDERALISM

WILSON 3A

KEY QUESTIONS

W H O G O V E R N SWhere 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 SWhat compelling

values are at stake in federalism?

Who should decide what matters ought to be governed mainly or solely by national laws?

FEDERALISMPolitical system with sovereign local government

units and independent national units that share responsibilities

Examples Canada India Germany Switzerland Autralia

UNITARY GOVERNMENTLocal government subservient to nationalCan 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 POWERConstitutional guarantee Citizen preferencesLocally acquiredCareers depend on satisfying local needsEconomic incentives Block grants – money given to state to spend broadly

within legislative guidelines

METAPHORSSlinky federalism Powers flows back and forthLayer cake Separation of authorityFruit salad Mixed reality Defined responsibilities

FEDERALISM

GOOD (PROS)Elazar Governmental

strength Political flexibility Individual libertyDisperse elite

power in many places

Slow to action

BAD (CONS)Laski, Riker States are poisonous Perpetuates racismSmall political

units more likely to be dominated by a single faction

Democratic Wilson:Raises political activityLowers cost of organization

GROUP DISCUSSION

Civil rightsPersonal protectionPrivacyEducationImmigrationMarriageMoneyGunsSex UnemploymentEnvironmentProperty

•Con

sider

each

of th

e foll

owing ar

eas

that hav

e rec

eived

great d

ebate

since

the crea

tion of

federa

lism.

•Where

does au

thority

rest?

FOUNDINGDefinitions Federalist 39: neither national nor federalConfederal may refer to more state sovereigntyNew planNo historical precedentNeither would have authority over the otherPeople would have authority over both10th amendment guarantee for states

ELASTIC CLAUSEArticle I, section 8“Necessary and proper”Hamilton – national supremacyArticle 6, clause 2Jefferson – states rights with people

sovereignNational government threat to individual libertyRole in today’s politics?

CONSTITUTIONAL LAWJohn Marshall believed in national

supremacyMarbury 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?

NULLIFICATIONLaw to punish critical newspaper articles Jefferson, Hamilton argue forFederal tariffsCalhounSlaveryUnion indissoluble

Civil WarSupreme Court

DUAL FEDERALISMBoth national and state governments are

sovereign in their own spheresSeparate

Interstate commerceIntrastate commerce

Mostly no distinction

STATE SOVEREIGNTYUS v. LopezUS v. MorrisonPrintz v. USAlden v. MaineFederal Maritime Commission v. South

Carolina Port Authority

CHALLENGE Police PowerInitiativeReferendumRecallChisholm v. Georgia11th amendment

Local government is subject to state law

Local government survey