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Unit 2 Foundation of American Government

FEDERALISM Mr. Ahlberg

Notes #4

Delegated Powers

-  Also known as -  Expressed Powers -  Enumerated Powers

-  These are powers given to Federal government by the Constitution -  There are 17 listed in Article 1, Section 8

-  Printing money -  Regulating interstate and international trade -  Declaring war -  Raising an army/navy -  Setting up US Post Office

Necessary and Proper Clause

•  Aka – “Elastic Clause” •  Art. I, Sec. 8, Cl. 18 - "The Congress shall have Power

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

•  Could not predict all powers Congress would need to function. This would allow them to stretch their delegated powers.

•  Used to create Federal District Courts, Federal Reserve •  Also used to pass Federal Highway Laws •  Worker Safety Standards •  Civil Rights

Commerce Clause •  One of the Delegated powers of Congress •  “to regulate commerce between states and foreign

countries” •  What is commerce?

•  “Buying and selling of goods and services.” •  Congress has used the elastic clause to stretch this

power more than any other •  Used to control radio and television signals •  Banking •  Telephone/Internet •  Civil rights •  Guns in school

Reserved Powers •  These powers are given to the States

by the 10th Amendment •  “Powers not given to Congress or forbidden

to the States shall be reserved to the States”

•  In other words, the States shall have authority over all powers not mentioned in the Constitution.

•  Marriage laws •  Driving laws •  Elections •  Schools

State Relations

•  Full Faith and Credit Clause •  States must honor one another’s

licenses, laws, legal decisions.

•  Privileges and Immunities Clause

•  A person from one state is entitled to the rights of people from other states

•  States may not refuse police protection or access to courts to U.S. citizens who live in different states

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Concurrent Powers

•  These are powers that are shared by both the Federal and State governments

•  Collecting Taxes •  Building roads •  Operate courts of law •  Borrow money •  Set up banks •  Have a police force

Supremacy Clause

•  This sets the rules for handling conflicts between Federal and State laws

•  Constitution is the highest law in the land •  Federal Law will be superior to State Law

What is Federalism?

•  Federalism – Two or more governments exercise power and authority over the same people in the same territory

•  OR… the division of government powers between the Federal government (National) and the State governments (Local)

Disaster Relief

•  Who’s responsibility is it to clean up after Hurricane Sandy hit the East Coast? Who should pay?

No Child Left Behind

•  Should the Federal Government step in and regulate a state’s school performance?

2 Types of Federalism

•  Dual Federalism •  Federal and state governments remain dominant in

their separate spheres of influence •  Gibbons v. Ogden proved life is not that simple

•  Cooperative Federalism •  State and Federal governments work together to

solve complex problems

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2 Federalisms

TWO METAPHORS… •  Dual Federalism – Layer Cake

•  Cooperative Federalism – Marble Cake

Federal

State

Federal

State

Fiscal Federalism

•  Fiscal means $ •  Q – How do you get the states to do things

they normally wouldn’t do? •  A – Money •  Q – What is the answer to any question

ever asked? •  A – Money

Grants-in-Aid

•  Money paid from one level of government to another to be spent for a specific purpose

•  Categorical Grants - target specific purposes and “strings attached.” – States receive Federal Highway dollar if

•  Raises drinking age to 21 •  Lowers legal BAC limit to .08

•  Block Grants – given for broad purposes and allow discretion on how money is spent

•  Ex. Welfare reform •  Ex. Health Care

Mandates

•  Congress passes a law that affects everyone in the U.S.

•  States are required to follow the provisions of this law

•  Often times the states or local gov’ts have to pay the bill of the mandate themselves

•  Most mandates apply to Civil Rights and the Environment

Mandates •  Asbestos Emergency Response Act •  Handicapped Children’s Protection Act •  Drug-free Workplace Acts •  Ocean Dumping Ban Act •  Clean Air Act

•  EXAMPLES: –  Columbus, OH spends 23% of the city budget trying

to meet environmental mandates (including testing for pesticides used on rice and pineapple)

– Public schools have to use Internet filtering or schools lose e-rate subsidies

Two Supreme Court Cases to Illustrate Federalism

•  McCulloch v. Maryland (1819) •  Conflict between State and Federal Banks

•  Gibbons v. Ogden (1824) •  Had to do with the issuance of shipping licenses

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McCulloch v. Maryland (1819)

Background •  Federal Bank of the U.S. opened up in

Maryland •  Maryland saw this as direct competition to

its state banks. •  Maryland taxed the Bank of the U.S. in an

effort to put it out of business •  McCulloch, a Bank of the U.S. employee,

refused to pay the state tax

Results

•  McCulloch v. Maryland •  Supreme court ruled that the Federal government

could operate a bank in Maryland •  Also ruled that a state does not have the authority

to tax a federal institution.

Gibbons v. Ogden (1824)

Background: •  Ogden received a “exclusive” state license

to run a ferry across the Hudson River •  Gibbons saw the potential of the traffic

between NJ and NY and obtained a federal license.

•  Ogden sued saying he had the valid state license, even though Gibbons had US license

Results

•  Gibbons v. Ogden •  Supreme court ruled in favor of Gibbons and his

Federal license interpreting it as superior to a state license.

United States v. Lopez (1995)

•  Congress passed the “Gun Free School Zone” law

•  banned possession of a firearm within 1000 feet of a school

•  Used the Necessary and Proper Clause to stretch the Commerce clause

•  Lopez (12 grader) brought a gun and bullets to school and was charged and put on Federal Trial

•  Argued that Congress did not have the power to regulate guns in school.

•  District Court ruled against Lopez-Sentenced •  Circuit Court of Appeals reversed the decision •  Appealed to the Supreme Court

U.S. v. Lopez

•  Supreme Court Declared the Federal law unconstitutional – “nothing to do with commerce” – carrying a weapon through a school zone is

too much of a stretch for “commerce” clause

•  This case put Limits on the power of the National Government

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Gonzalez v. Raich (2005)

•  Congress passed the Controlled Substance Act (1970)

•  Allowed the US gov’t to regulate the manufacture, importation, possession, and distribution of certain drugs

•  The use and sale of medicinal marijuana was legalized in California, but still illegal in the US

•  Angel Raich was arrested for growing and using marijuana.

•  Raich argued commerce clause should not take effect because

•  1) there was no business transactions and •  2) there were no state border issues.

Gonzales v. Raich

•  Supreme Court ruled 6-3 against Raich saying that the federal government could trump state laws that permitted medicinal marijuana

Advantages of Federalism

•  Built on compromise, promotes unity •  States retain some rights and say on policy

•  GOV’T duties can be split up among levels •  Brings GOV’T closer to people by giving

more opportunities for participation •  Allows for state GOV’T to address unique

issues in unique in creative ways •  Allows states to experiment with policy

before enacting it at the federal level •  Ex. Vermont’s free health care for children

Disadvantages of Federalism

•  Can lead to duplication of GOV’T •  States can impede progress of Nation •  States are unequal in resources available •  States have different policies and can

create confusion •  Easier for states to be dominated and

corrupted by interest groups