THE SEPARATION OF LEGISLATIVE POWERS

IN THE AMERICAN CONSTITUTION

CONSTITUTIONAL PROVISIONS

ENUMERATED POWERS (ART. 1 SECT. 8)

THE IMPLIED POWERS CLAUSE (ART. 1, SECT. 8 CLAUSE 18)

THE RESIDUAL POWERS CLAUSE (X AMENDMENT)

THE SUPREMACY CLAUSE (ART. 6 CLAUSE 2)

DUAL FEDERALISM

The federal Government has only enumerated powers

The purposes that can be achieved by the federal Government are limited

The federation and the states are, each in its own sphere, sovereign and equal

The relationship between the two level of government are competitive (rather than cooperative)

DUAL FEDERALISM

“... although the State of Wisconsin is sovereign within its territorial limits to a certain extent, yet that sovereignty is limited and restricted by the Constitution of the United States. And the powers of the General Government, and of the State, although both exist and are exercised within the same territorial limits, are yet separate and distinct sovereignties, acting separately and independently of each other within their respective spheres.” (Ableman v. Booth, 1895)

CIVIL WAR

Defeats the idea that the the federal constitution is a pact between states (Calhoun > see introduction)

Affirms the national theory > the federal constitution - establishing a dual system of government - has been created by an act of the people

LIBERAL STATE > WELFARE STATE

Second industrial revolution

Federal legislation

Interstate commerce act 1887

Sherman antitrust act 1890

Pure food and drug act 1906

XVI AMENDMENT

“Representatives and direct taxes shall be apportioned among the several states ... according to their respective numbers” (Art. 1, sect. II par. 3)

Pollock v. Farmers (1895)

The Congress shall have the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumerations (XVI am.)

WELFARE AND DEMOCRATIC STATE

“The Senate of the United States shall be composed of two Senators from each state, elected by the people ...” (XVII am.)

“The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.” (XIX am.)

THE NEW DEAL

Economic crisis of 1929

F.D. Roosvelt presidency (1933-1945)

• Agriculture Adjustment Act 1933

• National Recovery Act 1933

COOPERATIVE FEDERALISM

national government and state one are complementary and they all tend to create a single government mechanism with the aim to fulfill the objectives fo the federal government in charge

both levels pf government have some powers in any matters

the border between federal and state jurisdictions is mobile and has to be defined by agreement between the two levels of government

THE ROLE OF THE SUPREME COURT

the court-packing crisis of 1937

centralization of powers by using the:

commerce clause

implied powers clause

supremacy clause > pre-emption doctrine

civil rights > Brown v. Board of Education

grants in aid > coercive federalism

NEW FEDERALISM

to establish a clearer division of powers and responsibilities between federation and states and a consequent reduction of federal involvement in the activities of local interest

to reduce the welfare state and the public intervention in citizens life

to promote the individual (private) intervention in the welfare sector (school, health)

to decrease the tax burden

to introduce the deregulation program